§ 8 StAG: Discretionary Naturalization

You are a foreigner. You live lawfully and permanently in Germany. This is called "habitual residence".

You can submit an application for naturalization.

The authority can naturalize you. This is a discretionary decision. This means: there is no automatic legal entitlement. The authority examines your case and then decides.

Before the authority can examine your application, your identity and your nationality must first be clarified.

You must also meet these four conditions.

First condition: legal capacity to act or legal representation. You have legal capacity to act under § 34 sentence 1 of the Nationality Act. Or: another person legally represents you.

Second condition: no criminal conviction and no measure of correction and prevention. You have not been sentenced to a punishment for an unlawful act. In addition, no measure of correction and prevention has been ordered against you. A measure of correction and prevention is a special court order. It occurs when someone could not be punished because of a lack of criminal responsibility.

Third condition: your own home or other accommodation. You have found your own home. Or: you have found other accommodation.

Fourth condition: you can support yourself and your family members. You are able to support yourself. You are also able to support your family members.

There is an exception for the second and the fourth condition.

The authority can waive the second condition (no criminal conviction and no measure of correction and prevention) and the fourth condition (supporting yourself). This too is a discretionary decision by the authority.

This is only possible for these reasons: there is a public interest in it. Or: so that no particular hardship arises for you.