How to appeal if your application for German citizenship is rejected

Applying for German citizenship is no easy task. The entire process takes months, or even years, and requires gathering a number of documents as well as paying a significant application fee.

So receiving a rejection at the end of the process can come as a crushing blow, especially for anyone who believed they met all of the requirements to naturalise. 

And, for the record, the number of people who find themselves in this position is considerable: As The Local has reported, roughly one in 20 applicants in Berlin last year were rejected.

But for anyone not ready to give up on gaining the red eagle passport, the inevitable next question becomes, ‘now what?’

The answer is that there is a set procedure for appealing a rejection. 

In some cases this essentially amounts to fulfilling a requirement you had overlooked (or not quite passed), and then having your renewed application reviewed. In more complicated cases, you might challenge the authorities decision in an administrative court – probably with legal help.

Here’s an overview of the steps you can take to appeal if your application for German citizenship is rejected.

1) Review the decision 

A rejection by the immigration authorities should come in the form of a letter with several components, including:

• The facts of the case (as the authorities see them)
• A legal assessment, citing the specific StAG paragraph(s) on which the decision is based
• A legal remedy instruction

Thanks to that last point, the rejection letter itself comes with your first clue as to what you can do next to try and appeal the decision. This will likely be phrased along the lines of, “An objection can be lodged against this decision within one month after notification…” It should also include the relevant mailing address.

Take time to understand the decision and exactly why the authorities believe you’re not qualified for citizenship at this time.

In some cases, a remedy may be as simple as updating your application with additional documentation and asking the authorities to review it again. 

READ ALSO: The reasons your German citizenship application might be rejected

2) File an objection – promptly

As noted above, there is a strict time limit within which you can formally appeal a rejection.

Under German administrative code, the standard deadline to file an objection is one month from the date that the letter is delivered to you.

But if the legal remedy instruction is missing from your rejection letter, or if it contains inaccurate information, then this deadline automatically extends to one year. 

Note that the specific process for appealing administrative decisions can differ from state to state. 

In some states – such as Berlin, North Rhine-Westphalia or Hesse – you need to first file an objection (Widerspruch). Then if the authority responds with a formal objection decision (Widerspruchsbescheid), you can proceed to appeal the decision via a lawsuit (Klage) in the Administrative Court.

Elsewhere – such as in Bavaria or Saxony – the objection part of the process has been eliminated. In this case, you simply appeal with a lawsuit directly.

READ ALSO: ‘I’ve always had jobs’ – Woman’s German citizenship bid blocked by unemployment 

Whichever route applies in your state, you’ll need to start the appeal process, via either objection or legal challenge, before the one month deadline to respond has expired.

Crucially, your objection should be in writing, or filed on the record at the authority.

It should be dated and include the case file number. Additionally it should specify which decision you are appealing against.

Finally it needs to be substantiated, meaning you need to show evidence the decision was made in error. This last part can be submitted later if you’re in a rush to meet the deadline for the objection, but should follow soon afterwards.

Decide on / seek legal help

At this point, you’ll also want to decide whether to seek legal advice or representation for your case.

Filing a self-objection is possible and can be successful in simple cases. For example, if your application was rejected because you were missing a certain document, it may be simple enough to object to the decision and ask the authority to review your case again after you’ve submitted the document.

But for more complex cases – for example involving criminal records or issues with the commitment clause – your chances of success will be much higher if you work with a legal expert.

Costs

The objection procedure itself does not involve court costs, but any legal fees charged by a lawyer would initially be borne by you.

If your case goes to court, there are court fees. 

But if you’re successful, the costs for a lawyer and the court fees are typically reimbursed by the authority.

Possible outcomes

If your objection is successful, the authority would issue a new, positive decision and you would then be able to move forward with your naturalisation.

If the authority does not respond to your objection within three months, you could try to move the process forward by filing a lawsuit against their failure to act, also known as an Untätigkeitsklage. (This is the same kind of lawsuit that some applicants file to force the authorities to move more quickly on their citizenship applications when they face severe delays.)

READ ALSO: When to consider legal action for your German citizenship application 

If your objection fails, the rejection of your application is then final. But this does not mean that you are barred from applying again – you may do so as soon your circumstances have changed.

However, if the authorities found that you lied about your circumstances on your application, then you could be barred from German citizenship for 10 years.

This article is intended as an overview for informational purposes only. It should not be considered legal advice.