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German citizenship application rejected — what to do? Objection, lawsuit, lawyer 2026

A rejection of your naturalization application is not the end. The objection according to § 70 VwGO must be filed within one month after notification delivery — and is successful in many cases. This article explains the most common rejection reasons, describes the objection and lawsuit process, and shows when a specialist immigration lawyer is absolutely necessary.

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1. Livelihood not secured (§ 10 Abs. 1 Nr. 3 StAG)

Receipt of Bürgergeld (citizen's allowance) or unclear income situation frequently leads to rejection. Exception: incapacity for work not attributable to the applicant, documented by medical certificate or official confirmation. Detailed argumentation paths: Livelihood security naturalization.

2. Criminal convictions above minor offense threshold

Convictions over 90 day-fines or prison sentences lead to rejection if the expungement periods have not yet expired. Expungement and rehabilitation periods are complex.

3. Language certificate not accepted

Non-recognized certificates or outdated certifications are rejected. Here often quick success in objection: submit current B1 certificate or document recognition of German school diploma.

4. Incomplete residence history

Gaps in residence history, missing evidence for longer stays abroad or unclear identity clarification lead to rejection. An extended registration certificate and social insurance history help here.

5. Commitment clause problems

If the authority has doubts about the commitment to the free democratic basic order — for example due to membership in an organization with anti-constitutional orientation — it can reject. This rejection constellation is the most legally complex and absolutely requires specialist lawyer consultation.

6. Discretion under § 8 StAG

For discretionary naturalization under § 8 StAG (no entitlement, but administrative discretion) rejection is frequent. Here a substantial justification of the "public interest" by the lawyer is central.

The rejection decision contains several mandatory components:

  • Operative part: the actual administrative act (application rejected)
  • Facts: factual presentation by the authority
  • Legal assessment: which StAG paragraphs the authority relies on
  • Legal remedy instruction: "An objection can be lodged against this decision within one month after notification" + authority address

If the legal remedy instruction is missing or incorrect, the objection period extends to one year. This is legal matter — lawyer review recommended.

The objection period is one month from delivery of the decision. The objection must:

  • be filed in writing or for the record at the authority
  • designate the decision (date, file number)
  • declare against which decision the objection is directed
  • be substantiated (can be submitted later, but should be done quickly)

Important: First file the objection, then prepare the reasoning calmly — the deadline must not be missed.

With or without lawyer?

A self-objection is possible and successful in simple cases (missing language certificate, incorrect file situation). In complex cases (criminal records, commitment problems, security concerns) legal representation is highly recommended. Which paths DIY, civitas. or lawyer distinguish is described in the article DIY vs. Lawyer.

Court costs and lawyer reimbursement

In the objection procedure itself there are no court costs — the procedure runs at the authority. The lawyer costs are initially borne by the applicant. With successful objection the lawyer costs are usually reimbursed by the authority (§ 80 VwVfG in conjunction with § 162 VwGO).

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If the authority does not grant the objection, an objection decision is issued. A lawsuit before the administrative court can be filed against this — deadline: one month from delivery of the objection decision.

The lawsuit incurs costs:

  • Court costs for dispute value €5,000: around €285
  • Lawyer costs according to RVG for dispute value €5,000: around €1,150 net + expenses

In case of success the authority bears all costs (§ 154 VwGO).

Dispute value

For naturalization lawsuits the default value of €5,000 is applied (§ 52 Abs. 2 GKG). Higher dispute values are only possible with very substantial consequences (e.g. loss of a profession).

Reliable nationwide statistics are rare. How a legal remedy turns out depends heavily on the rejection reason: for formal deficiencies (missing language certificate, incomplete residence documentation) the rejection can often be cleared up by submitting the missing documents; for commitment or security concerns the situation is more difficult. Assessing the prospects in a specific case is a matter for a specialist law firm.

If the authority grants the objection, a new (positive) decision is issued and the naturalization is completed — loyalty declaration at appointment, naturalization ceremony, certificate issuance.

If the authority only partially grants (e.g. additional conditions), a lawsuit before administrative court is possible. Here the legal strategy comes into play.

If the authority does not respond 3 months after objection filing, an inactivity lawsuit according to § 75 VwGO is also possible in the objection procedure. Details: Inactivity lawsuit naturalization.

If the rejection is final (objection period expired or lawsuit dismissed), a new application is possible as soon as circumstances have changed — e.g. after completed language exam, new profession, expungement of criminal records.

Attention blocking period § 35a StAG: In case of proven deception or intentionally false statements in the previous procedure, a 10-year block for a new application can apply. This constellation is legally complex — specialist lawyer consultation mandatory.

How long do I have for the objection?

One month from delivery of the rejection decision. With incorrect legal remedy instruction the period extends to one year. If the deadline is missed, the rejection becomes final.

Can I formulate the objection myself?

Yes, in simple cases. In complex cases (commitment, security, criminal records, discretion) lawyer support is highly recommended.

Does the objection cost fees?

No fees in the objection procedure itself. Lawyer costs are borne by the applicant; in case of success they are reimbursed by the authority.

How long does the objection procedure take?

Usually 3–6 months. In complex cases 6–12 months. In case of inactivity after 3 months the § 75 VwGO lawsuit is possible.

What happens if objection and lawsuit remain unsuccessful?

The rejection becomes final. A new application is possible as soon as the requirements have changed — e.g. after expungement of criminal records or new language certificate.

Can I submit another application during the objection procedure?

No, a parallel second application would be abusive. The objection procedure is completed; afterwards a new application is possible.

Those who have submitted the application and are waiting for the decision can track the processing time with the civitas. application tracker and react quickly in case of rejection — the tracker template library contains sample texts for the objection. Track application →


Further articles:

Legal notice: Objection and lawsuit procedures are procedurally complex and should be prepared with a specialist lawyer for immigration or administrative law. civitas. is a private application assistance service, not an authority, not a law firm.

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