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German Citizenship despite criminal offence

4 posts in this topic

I`m in a bit of confusion in my situation below and hopefully somebody knowledgeable will be able to help.  

I was convicted in 2016 for insulting someone (Beleidigung, details of which I`d spare as I still have trauma and ashamed of it) according to StGB 185, 194 which resulted in a penalty/fine of 210 daily rates (tagessätze). I was informed by my lawyer informally after the hearing that I would be eligible to apply for German citizenship after 5 years, hence i didnt oppose (einspruch).

Looking into the requirements of citizenship law section 8 (Discretionary Naturalisation), paragraph 1 point 2 states “2. have not been sentenced for an unlawful act and are not subject to any court order imposing a measure of reform and prevention due to a lack of criminal capacity”. In the same section 8 paragraph 2 statues “The requirements of subsection (1) nos. 2 and 4 may be waived on grounds of public interest or in order to avoid special hardship.”

Does this mean that I would never be able to apply for German citizenship? Or I am solely at the discretion of case worker to decide waiver on grounds of public interest or special hardship?

I`m married to a German citizen since 2012 and have 2 kids with German nationality. My wife is working part time and I`m employed full-time in a GmbH since 2010 after graduating from a German Uni. I was never on the wrong side of the law before this either here or anywhere neither after 2016 till date. I currently hold a permanent residence permit Aufenthaltserlaubnis received since 2013.

Another question I have is with respect to Bundeszentralregister (BZR). The conviction is entered in BZR but I could not figure out when it will be deleted as it`s also another factor in citizenship law. According to section 46 in BZRG, is it 5, 10 or 15 years?

Also does anybody know how do I apply for “unbeschränke auskunft in BZR”`? What kind of application form is required? I did send a letter to Bundesministerium für Justiz last year but did not get any respose. The letter was based on the information given on this page https://www.fachanwalt.de/ratgeber/bundeszentralregister-wie-beantragt-man-eine-loeschung-oder-auskunft

I know I would need to lawyer up and any suggestions and the possible costs involved for English speaking lawyer is appreciated. Thanks for reading and your inputs.

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On 10/12/2022, 9:51:36, emale said:

I`m in a bit of confusion in my situation below and hopefully somebody knowledgeable will be able to help.  

 

I was convicted in 2016 for insulting someone (Beleidigung, details of which I`d spare as I still have trauma and ashamed of it) according to StGB 185, 194 which resulted in a penalty/fine of 210 daily rates (tagessätze). I was informed by my lawyer informally after the hearing that I would be eligible to apply for German citizenship after 5 years, hence i didnt oppose (einspruch).

 

Looking into the requirements of citizenship law section 8 (Discretionary Naturalisation), paragraph 1 point 2 states “2. have not been sentenced for an unlawful act and are not subject to any court order imposing a measure of reform and prevention due to a lack of criminal capacity”. In the same section 8 paragraph 2 statues “The requirements of subsection (1) nos. 2 and 4 may be waived on grounds of public interest or in order to avoid special hardship.”

 

Does this mean that I would never be able to apply for German citizenship? Or I am solely at the discretion of case worker to decide waiver on grounds of public interest or special hardship?

 

I`m married to a German citizen since 2012 and have 2 kids with German nationality. My wife is working part time and I`m employed full-time in a GmbH since 2010 after graduating from a German Uni. I was never on the wrong side of the law before this either here or anywhere neither after 2016 till date. I currently hold a permanent residence permit Aufenthaltserlaubnis received since 2013.

 

Another question I have is with respect to Bundeszentralregister (BZR). The conviction is entered in BZR but I could not figure out when it will be deleted as it`s also another factor in citizenship law. According to section 46 in BZRG, is it 5, 10 or 15 years?

 

Also does anybody know how do I apply for “unbeschränke auskunft in BZR”`? What kind of application form is required? I did send a letter to Bundesministerium für Justiz last year but did not get any respose. The letter was based on the information given on this page https://www.fachanwalt.de/ratgeber/bundeszentralregister-wie-beantragt-man-eine-loeschung-oder-auskunft

 

I know I would need to lawyer up and any suggestions and the possible costs involved for English speaking lawyer is appreciated. Thanks for reading and your inputs.

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Wow, it's hard to imagine that something classified as a insult could be anything over even 60 day rates, didn't you have a lawyer who could have defended it or tried to reduce the sentence or plea bargain? Usually you need under 60 to be qualified to work in the aerospace branch at airports or pilots etc. or get a hunting license. Under 90 days at the least to have things only stay 3 years from what I understand. You might be able to appeal on grounds of free speech to the EU court of Human rights since it seems like far too stiff of a penalty to cause over 210 day fines just for an insult?. But another thing to take into consideration is what citizenship you currently have and if you want to keep it? Unfortunately Germany and Austria are pretty much the only EU countries left that still don't allow dual citizenship (except for a few small cases you can read here for US citizens which make under like 1500 euros per month and can qualify that its too expensive to pay to refute citzenship or similar). So maybe another option that is quicker especially if you can work remote is to register in another country like Denmark or Poland which allow dual citizenship after 5 years. Maybe you could even have some time living in the EU counted for time there? This might be faster than waiting for the legal stuff here, disadvantage of course you would have to pay for a second flat for a while and probably learn the language for a citizenship test after five years or whatever time. Who knows?

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