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GERMAN CITIZENSHIP

Does hiring a lawyer speed up your German citizenship application?

Contracting a lawyer to help you with your German citizenship application isn't likely to help you get an appointment faster. But it may help you in other ways, particularly if your citizenship authority starts ghosting you.

Does hiring a lawyer speed up your German citizenship application?
A lawyer can't guarantee you a speedy response to your German citizenship application, but that doesn't mean you shouldn't consider one in some cases. Photo by Tingey Injury Law Firm on Unsplash

With the German naturalisation law reform set to come into force on June 27th, many foreign residents in Germany are considering applying. One question that readers have asked The Local is: Will contracting a lawyer with good contacts within citizenship and immigration authorities speed up your German citizenship application?

READ ALSO: Elation and worry as German citizenship law passes final hurdle

Strictly speaking, no. That in and of itself won’t do it – according to legal experts The Local has spoken to.

Immigration lawyers Andreas Moser and Sven Hasse both say the best way to increase your application’s chances of speedy approval is to make sure the application is complete and well-organised. Moser recommends that paper applications are filed with an index of documents and that files submitted with electronic applications are neatly scanned and clearly labelled.

“I’ve had clients who’ve done it like that and they sometimes get their citizenship – even in busy offices like Munich – in three months,” says Moser. “The most important thing is to only apply when you’ve met all the conditions, have all the paperwork, and you can present it in one folder.”

You may wish to have a lawyer go over your documents to help ensure that neat application – or even perhaps to draft a cover letter anticipating and answering any questions the authorities might have.

Such explanations might be to detail a short break in your income, or address why your children might have a different last name to you if they’re included in your application.

However, having a lawyer to help you do this isn’t necessary in many cases. Moser also advises that it’s unlikely to save you any time versus simply doing the application yourself, as your lawyer will have to go through all the application details with you anyway – and it can be costly.

READ ALSO: How to get a speedy response on your German citizenship application

When should I definitely consider a lawyer?

Moser’s recommendation, in most cases at least, is to consider a lawyer only once it’s clear that the authorities aren’t considering your neat and complete application in a timely manner and you want to challenge them.

Normally, this shouldn’t be until at least three months have passed without word on the status of your application. At that point you can threaten a complaint through the administrative court. Such a complaint is known as an Untätigkeitsklage and you can draft a letter to the citizenship authority yourself stating that if it does not act on your application, you will file the complaint. You can also ask a lawyer to help you with this threat letter.

Moser says that much of the time, this threat letter works – and the applicant will rarely have to actually file the Untätigkeitsklage. If you do choose to file it though, it’s at this point that Moser advises you seek out a lawyer to draft and file the complaint on your behalf. This process costs €500 in court fees and more in legal fees, although if the court finds in your favour – the authority then has to send this money back to you.

Finally, both Hasse and Moser say you should consider legal advice if your case is complicated. This might include a previous criminal conviction carrying a sentence of slightly more than 90 days, or for uncertain or interrupted periods of residence. This could include people who’ve travelled to their home countries for an extended period of time to look after ailing relatives or employees of German companies who’ve been posted outside of Germany for an extended period of time due to their jobs.

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

Editor’s note: We amended the implementation date for German citizenship from June 26th to June 27th 2024 after confirmation from the German government on May 16th. 

Member comments

  1. Thanks for this article. I’ve applied for German citizenship last year for myself and my children based on my grandfather being a German citizen at the time of my Father’s birth. My attorney told us we should hear by the end of this year. He told us this type is through a different court process than the naturalization process. Has anyone else reading this, done this application for citizenship from ancestry.

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READER QUESTIONS

Is it legal to grow cannabis in a German allotment garden?

Germans love their Kleingärten - or allotment gardens. Now that cannabis has been partially legalised in Germany, some people are wondering if it is legal to grow weed there. Here's what you need to know.

Is it legal to grow cannabis in a German allotment garden?

Germany changed the law around cannabis on April 1st. 

Under the first step, adults over 18 are now allowed to carry 25 grams of dried cannabis and cultivate up to three marijuana plants. 

Many people in Germany have an allotment garden – known as Kleingarten or Schrebergarten. This is a plot of land that city-dwellers can rent out to use as their own garden. They can grow various things there like flowers and vegetables. 

There are over 900,000 throughout the country, and the Federal Association of German Garden Friends estimate around five million people use a Kleingarten.

READ ALSO: How to get a Kleingarten in Germany

So is it possible to grow cannabis there?

As always when it comes to Germany, the laws are tricky to clarify but in general the answer is: no. According to the German Health Ministry, cultivating marijuana plants in allotment gardens is generally not permitted – because growing cannabis is only legal ‘at someone’s place of residence’ under the new law. 

A ministry spokesperson told DPA that cultivation in allotment gardens would only be legal on the condition that the person growing the cannabis is resident there.

“This is not usually the case,” said the spokesperson, referring to the Federal Allotment Garden Act which does not allow people to have homes at their allotment. 

It is regulated by law that an arbour or shed in an allotment garden is not suitable for permanent residence. “In addition, the legislator expressly rejected the conversion of arbours into small private homes in the procedure for the Federal Allotment Garden Act,” said the ministry spokesperson.

There is one exception, however. 

It applies within the framework of the protection of existing rights if the owner of an allotment garden already lived there or used the allotment as a residence before the Federal Allotment Garden Act came into force more than 40 years ago.

“The rights of an allotment gardener to use his allotment garden for residential purposes remain in force if they existed when the Federal Allotment Garden Act came into force on April 1st 1983 and no other regulations prevent residential use.”

Someone holds part of a cannabis plant

Cannabis is partially legalised in Germany. Photo: picture alliance/dpa | Karl-Josef Hildenbrand

The German Hemp Federation had been questioning whether cultivation at allotments was allowed, and said they believed it was under the law. 

The federation pointed out that the text of the law states that adults can grow up to three cannabis plants “at their place of residence or habitual abode”.

But that the explanatory notes go on to say: “Private cultivation is the cultivation of cannabis in the private home. The term ‘dwelling’ within the meaning of this law includes all premises dedicated to private residential purposes, including gardens, allotments, weekend houses, holiday homes, etc.”

For this reason there has been confusion – but the Health Ministry has tried to clarify this by pointing out the various laws and the exception regarding allotments. 

Can you smoke cannabis at an allotment garden?

So people cannot cultivate cannabis at their Kleingarten – but can they legally smoke it?

The answer is yes – as long as the person in question is an adult and the garden is not near a school or similar facility. 

Under the new law, cannabis will remain banned for under-18s and within 100 metres of schools, kindergartens and playgrounds.

As the next step in the legal reform, from July 1st it will be possible to legally obtain weed through “cannabis clubs” in the country.

These regulated associations will be allowed to have up to 500 members each, and will be able to distribute up to 50 grams of cannabis per person per month.

However, given that the cannabis law was passed at short notice on April 1st, it is unclear how many of these clubs will be established in time for July. 

READ ALSO: What to know about Germany’s partial legalisation of cannabis

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