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GERMAN CITIZENSHIP

Is German citizenship easier to get if you are elderly?

Applying for German citizenship is more straightforward under the newly updated rules but is the process easier for elderly foreigners? We explain how it works.

Is German citizenship easier to get if you are elderly?
Older applicants for German citizenship still have to fulfill most requirements - with a couple of notable exceptions. Photo by Mark Timberlake on Unsplash

One of the perhaps lesser talked-about aspects of Germany’s new citizenship law involves the changes for people aged 67 and over.

Under the system becoming naturalised as a German citizen should be slightly easier for some in this group, compared to standard applicants.

To be clear, most things remain the same for all applicants. The new law, which came into effect in late June, allows multiple citizenship for all applicants. It also reduces the amount of time someone needs to have been resident in Germany before they can apply for citizenship – from the eight years it was previously to five years under the new law.

With the exception of dual citizenship being allowed and a shorter stay required before eligibility, most things remain the same as before.

Most applicants need to pass both a citizenship exam and a test proving they can speak German at a minimum of a B1 level. These requirements change only in a few select cases – one of them being for certain over-67s.

READ ALSO: KEY POINTS: What you need to know about Germany’s new citizenship law reform

So what don’t over-67s have to do?

Over 67s still have to meet the minimum residence requirement of five years and file a complete application with any relevant supporting documentation proving their residence – such as old payslips, rental contracts, house purchase agreements or the like.

Just like any other applicants, they have to also be free on any serious criminal convictions.

It’s also true that some over-67s no longer have to pass the German citizenship test or a language test in order to naturalise. In practice though, most over-67s will still have to submit these.

Exceptions apply to people who came to Germany in the 1950s and 60s as guest workers – at a time when German and integration courses weren’t available. They also apply to people who might not realistically be able to take language courses due to age-related problems – like illness or disability. A note from a doctor is typically sufficient evidence for this.

To be clear, people who fall under these exceptions still need to be able to speak German, they just do not have to prove their proficiency by passing a B1 language test. As such, they are saved a bit of time and paperwork in their application process.

But other than not having to submit these two tests, over-67s falling under these exceptions should generally assume that they have to fulfil all the other conditions for citizenship that any other applicant would.

READ ALSO: CHECKLIST: What do I need to apply for German citizenship under the new law?

If they don’t have to submit a test, how to these over-67s prove they can speak German?

Generally speaking, citizenship caseworkers will decide in-person whether an over-67 applicant falling under one of the exceptions is able to speak German to a level sufficient enough to qualify for citizenship.

Rather than standardised testing, caseworkers will determine this by seeing if the person applying for citizenship can communicate with them in German. This would almost certainly mean being able to get through any in-person appointments with authorities without the aid of a translator – for example. An over-67 falling under grounds for an exception who can do this will generally not have too much to worry about on the language front.

READ ALSO: How long does it take to get your German good enough for permanent residency and citizenship?

Is there an age limit for applying for German citizenship?

No. Age is a prohibited grounds of discrimination in Germany – and there is no upper limit to how old one can be to apply for German citizenship. The oldest naturalising Germans have been over 95 years of age.

Obviously, older applicants may be rejected for other reasons that have nothing to do with their age.

READ ALSO: How can over-60s get German citizenship under the new dual nationality law?

Note: A previous version of this story implied that all over-67s were exempt from language and citizenship test requirements. While this was in an earlier draft of the law, the current rules allow these exceptions only in certain cases.

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INDIANS IN GERMANY

How Indians can protect their residency rights in India after becoming German

Thanks to India's ban on dual nationality, Indians generally have to renounce their citizenship if they want to naturalise in Germany. That said, there is a way to retain residency rights and links to India - even without an Indian passport.

How Indians can protect their residency rights in India after becoming German

If you renounce your Indian citizenship but still want to be sure you can return there either for visits or on a more long-term basis, the best way to do that is by applying for an OCI card.

Here, we explore what an OCI card is, the benefits of applying for one, who’s eligible to get one and what you’ll need to start the process. 

What is an OCI card?

OCI stands for “Overseas Citizen of India”.

Having a card essentially proves that even if you’re no longer an Indian national – most likely because you’ve naturalised as a citizen of another country – you still have Indian heritage and a connection to India. The card is specifically designed for foreign citizens with clear links to India.

It’s a document issued by the Indian government and comes with certain legal privileges, while excluding others. 

What rights does an OCI cardholder have?

The most significant right an OCI cardholder has is a more or less unrestricted right to visit India without a visa for any length of time – and for essentially any reason. 

OCI cardholders essentially have a multi-entry, life-long visa to visit India for tourism, business, family reunions or any other reason – with no limit to how long they can stay. They also don’t need to get an exit visa from India upon leaving.

OCI cardholders also don’t have to register with the Indian authorities when in India the way other foreign nationals typically do.

A rainbow is seen over the iconic Gateway of India in Mumbai in August 2023. Despite not having Indian nationality, an OCI cardholder retains an almost unrestricted right to visit India for life. Photo: AP Photo/Rajanish Kakade/TT

They can register, however, if they become ordinarily resident in India again. If they do, the OCI card is treated as valid identification for the purpose of things like opening a bank account or applying for a driver’s licence.

READ ALSO: Why Indians in Germany face hurdles to citizenship

OCI cardholders are allowed to work in most jobs in India. They are also allowed to own property in India.

An OCI cardholder who has been registered as an OCI in India for at least five years – and been ordinarily resident in India for at least one of those years – can also regain Indian nationality. Under Indian law, this would of course, require that person to give up any other passports they may have.

What rights does an OCI cardholder NOT have?

Despite the legal designation of “overseas citizen” – an OCI cardholder isn’t considered an Indian national.

As such, an OCI cardholder cannot vote in India or stand for public office. While they are eligible to take on most jobs in India, this excludes many jobs with the government. 

The Indian government also requires foreign nationals to have its approval for certain activities – and this requirement is also extended to OCI cardholders too. These activities include mountaineering, missionary work, visiting a restricted area, or journalism.

Who can get an OCI card?

Only non-Indian nationals can get OCI cards, but they typically have to have been Indian nationals in the past, or descended from someone who was. That’s why an OCI card is particularly well-suited for an Indian who has made the difficult decision to renounce Indian nationality to become German.

Any person who was eligible for Indian citizenship on January 26th, 1950 or who had Indian citizenship at any point on or after that date can apply for an OCI card.

In addition, anyone who belonged to a territory of India after August 18th, 1947 is potentially eligible for an OCI card.

READ ALSO: Indians in Germany – Who are they and where do they live?

Any children or grandchildren of the above three eligible groups are also eligible for an OCI card.

That means that children born to someone who was previously an Indian citizen but renounced Indian citizenship before that child was born should normally still be able to get an OCI card.

Even some great-grandchildren of these people might be eligible today – provided that they apply for the OCI card before they turn 18.

Founding of India ceremony Bangalore

School children in Bangalore celebrate the anniversary of the founding of India on January 16th, 2019. Photo: picture alliance/dpa | Aijaz Rahi

Beyond previous Indian citizens, there is another group of people who can get an OCI card: spouses. The spouse of either an Indian national or an OCI cardholder is eligible to apply for their own OCI card after at least two years of legal marriage. This goes even for spouses who have never been Indian nationals.

Although the legislation governing OCI uses the gender-neutral term of “spouse”, Indian courts and the government have yet to rule or clarify whether OCI rights also apply to same-sex spouses. As of June 2024, several cases relating to whether same-sex spouses have OCI rights had gone before Indian courts.

Who can NOT get an OCI card?

People who don’t fulfil the above conditions cannot get an OCI card.

Somewhat more confusingly, there are also certain groups that remain barred from an OCI card – even if they would ordinarily meet the requirements.

If an OCI applicant has ever been a citizen of Pakistan or Bangladesh, they cannot apply. This provision also applies even if they never held Pakistani or Bangladeshi citizenship, but their parents or grandparents did.

In addition, anyone who has ever served in the military of a country other than India isn’t eligible for an OCI card – even if they meet all of the other requirements.

If I’m eligible, how do I go about getting an OCI card?

An OCI card is an official document from the Indian government – so you need to get it at your responsible Indian embassy or consulate. India has missions in Berlin, Hamburg, Düsseldorf, Frankfurt, and Munich.

As an OCI card is designed for foreign nationals, you will need to prove that you’ve renounced your Indian nationality and surrendered your Indian passport in order to apply for an OCI card.

READ ALSO: What do I need to apply for German citizenship under the new law?

To do this, you apply for a Surrender Certificate. For surrender, you’ll need to provide a copy of your German passport, naturalisation certificate, and city registration (Anmeldung).

Labour Minister Hubertus Heil meets Indian students in Berlin.

Labour Minister Hubertus Heil meets Indian students in Berlin. Around 200,000 Indians live in Germany. Some may eventually choose German citizenship, but that means renouncing Indian nationality. Photo: picture alliance/dpa | Soeren Stache

You’ll also need to submit your original Indian passport. Note that all people who have renounced Indian nationality – often by acquiring another country’s passport – are legally required to surrender their Indian passport as soon as possible. Before you do though, make sure you make a copy of the page with your details on it, as you’re going to need that for your OCI application.

Once you have your Surrender Certificate, you can apply for your OCI card. You’ll need a lot of the same documents, like your German passport, city registration, and naturalisation certificate. You’ll also need a copy of the Indian passport you’ve surrendered and two recent 50×50 photos.

Children applying for an OCI will also have to bring their birth certificate and proof of their parent’s previous Indian citizenship. Spouses will additionally need a marriage certificate along with their spouse’s information. 

A full checklist of application materials is available from the Indian authorities.

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