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German Citizenship problem
Posted on 05/12/2011 11:08 am
German Citizenship problem
Hi All,
I posted a question last week but the responce was poor and mean while i found something interesting, so i need some help from senior members like Raj, supersid, UMTS etc...
I Applied for citizenship under §8 in Bayern, but 6 years back i paid fine for Diebstahl and i mentioned it in my application and officer said any activity under 90Tagessetz should be fine but i found the below mentioned data in internet where under §8 no criminal record should not be found.
Section 8
[Discretionary naturalisation]
(1) A foreigner who is legally ordinarily resident in Germany may be naturalised upon
application provided that he or she
1. possesses legal capacity pursuant to Section 80 (1) of the Residence Act or has
a legal representative,
2. has not been sentenced for an unlawful act and is not subject to any court order
imposing a measure of reform and prevention,
3. has found a dwelling of his or her own or accommodation and
4. is able to support himself or herself and his or her dependents.
(2) The requirements stipulated in sub-section 1, sentence 1, nos. 2 and 4 may be
waived on grounds of public interest or in order to avoid special hardship.
can anybody throw some idea on it, it seems my chances are slim to get citizenship under §8.
Thanks and regards
germancitz
Member since 24/11/2011
Posted on 05/12/2011 11:13 pm
Re: German Citizenship problem
My questions before I answer:
1. Please summarize your stay times in Germany and which paragraph was your residence permit
2. On what basis have you applied under §8 - please summarize
3. What was the exact punishment amount (fine)
In general what the officer said is correct. Also a Verjährungfrist applies to such small crimes after which the record SHOULD not be relevant anymore.
However, I know from a similar experience that in discretionary citizenship the officers have, as the name says, discretion and ofcourse this incident doesnt really throw positive light.
Supersid
supersid
Member since 26/07/2010
Posted on 06/12/2011 9:23 am
Re: German Citizenship problem
Hi Supersid,
1. Please summarize your stay times in Germany and which paragraph was your residence permit
Student Time: May 2004 - Jan 2008 under §16Abs.1 AufenthG
Working Time: Feb 2008 - October 2009 under §18 Abs.4 AufenthG
Working Time: Dec 2009 - May 2011 under §18
Working Time: May 2011 - Till date under §9 AufenthG with NE and later Daueraufenthalt
2. On what basis have you applied under §8 - please summarize
RV paid for 65 months including 18 months as a Werkstudent.
Einbürgerung Test, Orientation Test and B1 completed.
fulfilled all the criteria to apply under §8
3. What was the exact punishment amount (fine)
385€ approximately, i lost the papers, but i paid all that amount including translation charges for the document from Staatsanwaltschaft in my native language. so the actual fine fine should be less i feel
This incident happend in 2005 July, and almost 7 years back and that was my first and last confession.
You said, you know one similar case, did he got the German Citizenship, it would be great if you share some information.
Thanks and regards,
Germancitz
germancitz
Member since 24/11/2011
Posted on 06/12/2011 10:40 am
Re: German Citizenship problem
The case looks fine and I dont see any big issues.The punishment amount doesnt seem above 90 days Tagessatz.
In the case I knew, the person got the citizenship. Relax now and let the process go on. Do ask every month how the process is going, preferably write an email to the officer.
BTW which city did you apply?
supersid
Member since 26/07/2010
Posted on 06/12/2011 10:55 am
Re: German Citizenship problem
Hi Supersid,
Thanks for the info, and good to hear that your friend or known person got Einbürgerung.
did that guy also applied under §8.
i applied 2 weeks back and thought to meet the officer after 1 or 2 months later as she told me that it may take a max of 3 months to get the answers from different amt's.
Thanks and regards,
Germancitz.
germancitz
Member since 24/11/2011
Posted on 06/12/2011 10:59 am
Re: German Citizenship problem
Yes §8 as well.
In general, you are applying shortly before 8 years stay right ?
BTW which city?
supersid
Member since 26/07/2010
Posted on 06/12/2011 11:36 am
Re: German Citizenship problem
Hi Supersid,
I applied in Munich, hopefully everything would be fine, heard in Bayern study time wont count and i should wait for another 3 years to apply under §10, thats why i have chosen to apply under §8.
did your friend mentioned about his conviction in antrags formular and is he also from Bayern?.
Thanks and regards,
Germancitz
germancitz
Member since 24/11/2011