Hi all,

I had gone through different topics regarding citizenship. But i need help from the members regarding my situation.

I have been since in germany from 2002. I had completed my master degree here. For me it took a long time. Student time from April 2002-till may 2007. Then from December 2007 i started to work and working till now.

1. Can i am eligible for Neiderlassungserlaubnis
2. or i can apply for an citizenship.

Your advice needed

Regards
Rishik

1. No
2. No

Helo,

Why i cant apply for an citizenship. I have been living in the germany since 2002. I am completing mt 7 years in march. So can you tell me the reason why i cant go for citizenship

Have you done your Integration Course and Citizenship exam? If no, then you are not eligible for the 7 year rule

Which state are you in? Important because some states dont count student period for Citizenship.

@ rishiku

I do not think you are eligible for citizenship, even though you have lived 7 years, as most of the time you spent here was a student.

Best for you is to visit Einbürgerungsbehörde and ask them directly. They will be able to guide you better.

@UMTS11, raj, lacrima

I do not think you are eligible for citizenship, even though you have lived 7 years, as most of the time you spent here was a student.

I beg to differ, IMHO Rishik has a fair chance of getting his citizenship if he completes Integrationkurs and Einbürgerungstest.

After 6-7 years of residence (with only exception of time spent in prison) one is qualified for citizenship, regardless of in which bundesland he resides. For NE the requirements differ in some bundeslands.

@rishiku

Without wasting your time in asking around, just finish Integrationkurs and Einbürgerungstest and apply for Einbürgerung. It takes from 3 to 12 weeks.

>>I beg to differ, IMHO Rishik has a fair chance of getting his citizenship if he completes Integrationkurs and Einbürgerungstest.

That is exactly my opinion.

>>After 6-7 years of residence (with only exception of time spent in prison) one is qualified for citizenship, regardless of in which bundesland he resides.

Here i am not of the same opinion after hearing from people having problem with student time especially in Bayern.


>>For NE the requirements differ in some bundeslands.

Not true. Atleast here they cannot differ because the rule AufenthG §9b gives no option to intepret differently

@raj

The decision, if student years should be taken into consideration while calculating duration for NE, differs from state to state. Some accept the student years and some not.

As per Staatsangehörigkeitsgesetz § 10, for citizenship there is no distinction between student and employment years, you just have to reside in germany legally for 6-7-8 years in order to qualify for citizenship and at the time of application should have employment.

@akshay

>>The decision, if student years should be taken into consideration while calculating duration for NE, differs from state to state. Some accept the student years and some not.

They have to accept because the rule says that student time is counted half.

>>As per Staatsangehörigkeitsgesetz § 10, for citizenship there is no distinction between student and employment years, you just have to reside in germany legally for 6-7-8 years in order to qualify for citizenship and at the time of application should have employment.

Unfortunately the rule is not very clear regarding the student time(between rechtmäßiger und gewöhnlicher Aufenthalt) and this gives the Beamter in Bayern to intepret differently. You can ofcourse follow up on this in info4alien

"As per Staatsangehörigkeitsgesetz § 10, for citizenship there is no distinction between student and employment years, you just have to reside in germany legally for 6-7-8 years in order to qualify for citizenship and at the time of application should have employment."

Not true.. do some search about the "gewoehnlicher Aufenthalt" Problem and interpretation of this wording. Bayern and BW think that student time is not "gewoehnlich" as required in StAG § 10.

So Naturalization does depend on the state in which the Threadstarter is living. He may still have a chance through StAG § 8 even in BW and Bayern but that would be a totally different story and the decision would be at the discretion of the authorities.

Regards,

Lacrima

@Raj, Lacrima

I did some research regarding "gewoehnlicher Aufenthalt" and I found this paragraph:

http://www.info4alien.de/einbuergerung/gesetze/starvwv.htm#85.1.1

I still don't understand why Bayern and BW refuse to obey the law.

"I still don't understand why Bayern and BW refuse to obey the law."

Maybe you should bring the issue to court of law ;)
When no one challenges their interpretation in court of law then they will just continue to interpret it in the way they do.
This has to do with the federal structure of Germany.
By the way, your link is not the "law". It is just a guideline for the interpretation..

Regards,

Lacrima