SHARE
COPY LINK
For members

GERMAN CITIZENSHIP

‘How I finally got German citizenship in Berlin after six years of waiting’

New German citizen Matt Bristow had been waiting years for Berlin authorities to process his citizenship application. But threatening legal action moved his case forward. He told The Local how he did it and shared advice on naturalising.

Matt Bristow outside Rathaus Schöneberg just before applying his German passport and ID card at the Bürgeramt
Matt Bristow outside Rathaus Schöneberg just before applying his German passport and ID card at the Bürgeramt. Photo courtesy of Matt Bristow

Becoming German was a six-year ordeal for Matt Bristow. 

The 39-year-old submitted his application nearly six years ago – and on July 1st, he finally naturalised as German while keeping his British citizenship. 

So why did it take so long?

Bristow, who is a psychologist and long-time volunteer for the citizens’ rights group British in Germany, admits that he submitted “a bit of a cheeky application” to his local Berlin office back in August 2018  because he didn’t meet all the criteria at the time – although he did receive praise from officials on his organised file.

“At first they were saying that they think they might reject my application,” he said, although it “took them a long time to say that”.

READ ALSO: INTERVIEW – ‘A lot of people think Brexit is done, but it’s not for Brits in Europe’

Bristow said the application then wasn’t rejected, and ended up “gathering dust in the cupboard for a long time”.

In 2022, he moved to a different part of Berlin and asked for the file to be transferred to the new office.

This was, of course, before Berlin changed to a centralised and online-led system for citizenship applications at the start of this year.

Moving homes meant Bristow’s application presumably went to the bottom of the pile even though he points out that he did meet the criteria for naturalisation at this stage. 

Various back-and-forth letters along with delays continued, and Bristow believes his application got caught up in the messy transition to a digital system. 

READ ALSO: ‘I’ve waited four years’ – Foreigners in Berlin furious over German citizenship delays

“In the end, I think the only reason I am getting my citizenship is because I decided to sue the city and say: ‘it’s been taking too long,'” he said a few days before his naturalisation ceremony.

Amazingly, Bristow completed the legal challenge himself without a lawyer. 

It involved a lot of preparation and research. “But I got an answer very quickly saying that I met the criteria, and I could have the citizenship,” he said. 

‘Not something for the faint hearted’

Bristow filed what is known as an Untätigkeitsklage, the German word for a legal action that involves challenging a German administrative authority’s “failure to act”.

READ ALSO: German word of the day – Untätigkeitsklage

But he warned that doing it without a lawyer is no easy feat. “I would say it’s not something for the faint hearted, because you have to kind of look carefully into it,” said Bristow. “But basically, the law says that if you have waited more than three months since your application and your application meets the criteria, then you can file a lawsuit saying that they have to make a decision.

“And I decided to prepare it all myself. You can go to the courts and and they will help you phrase it properly, but they won’t give you legal advice. But I decided – with my background working in the public sector in Germany – I’d give it a go myself, and was successful.”

Matt Bristow celebrates with Germany-themed cake after getting citizenship

Matt Bristow celebrates with colleagues, Germany-themed cake and alcohol-free prosseco after getting citizenship. Photo courtesy of Matt Bristow

Bristow paid around €800 for court costs, but he will receive the money back because he won the claim. He also shared his experience of filing an Untätigkeitsklage in a Facebook group for people looking to naturalise as German in Berlin.

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

When asked about Bristow’s delayed application, a spokesperson from Berlin’s interior ministry told The Local they could not comment on individual cases. 

The ministry spokesperson did point out, however, that officials are working their way through a backlog of around 40,000 applications, as well as dealing with around 20,000 online applications submitted since January 1st this year. 

“The LEA (Landesamt für Einwanderung) staff are now processing all procedures as efficiently as possible and aim to increase the number of naturalisations from 9,000 to 20,000 this year,” the spokesperson said. “By the end of May 2024, 3,327 procedures had already been brought to a positive conclusion.”

People enter the immigration office

For foreigners who move to Germany and settle in Berlin, a visit to the Berliner Landesamt für Einwanderung (LEA) is ultimately unavoidable. Photo: picture alliance/dpa | Britta Pedersen

But they were not able to say how long citizenship applications in Berlin would take.

“Unfortunately, it is not possible to predict how long currently pending procedures will (still) take or how long it will take to process new applications,” the spokesperson said.

“However, with the new digital application procedure, improved and streamlined management of business processes and increased staffing, the LEA is very well positioned to deal with the large number of naturalisation procedures much more quickly in future.”

READ ALSO: What are citizenship offices around Germany doing to prepare for the new law?

Getting your application in order

Now that the rules have changed to allow dual citizenship and residency requirements have been reduced, many more foreign residents may be considering applying to get their hands on a German passport. As a newly-naturalised citizen, what advice would Bristow give?

He said applying is a good opportunity for people who have struggled with the German language to take a course. 

“I’d encourage people to use this as as an excuse really – to say: ‘now’s the time to brush up on my German skills, get them up to the B1 level,'” he said. 

PODCAST: Cannabis clubs arrive and could Germany’s citizenship law be reversed?

And, importantly, get all of your documents in order.

“Work out what it is that you need to have to apply, get yourself a folder,” he said. 

Bristow also advised considering not changing jobs while you’re in the process because it’s better to be in a secure role. 

“Don’t give them a reason to question your application,” he said.

Bristow also said people should seek advice if they have any questions, whether through support groups online or citizens’ rights groups.

‘Weight has lifted’

For Bristow, naturalising as German after years of waiting felt like a relief. 

“I am surprised at just how much of a weight has lifted from my shoulders in these first few days of being a German citizen – I didn’t realise how much I had been carrying around with me all these years,” he said.

“I have called Berlin home on-and-off for 20 years. But ever since the Brexit referendum campaign in 2016, it’s felt like my place here in Germany was somehow conditional, even with a very secure residence status.

“It’s now not just a privilege to call this place my home, it’s a right that can never be taken away from me – and I am truly grateful for that.”

Member comments

  1. Are there stories regarding how Permanent Residence applicants have been affected by the centralization? I have been waiting for nearly 6 months and no word on an appointment?

Log in here to leave a comment.
Become a Member to leave a comment.
For members

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.

SHOW COMMENTS