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German Law/Questions Regarding 14 StAG

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Question
Hello Andreas,

Ive applied for naturalization from abroad under 14 StAG and am almost one year into the waiting process.

I had some of questions if you wouldnt mind responding please.

Ive seen in posts where you stated that granting of citizenship under this section is discretionary and one needs a compelling argument for naturalization.

How compelling does the argument have to be?

I have acquaintances who have successfully been granted citizenship under 14.  They had C1 level, were born abroad to German mothers, and simply had strong family ties to Germany.  Some were still working in the US, others planned to retire and move back to Germany.

I was born in Germany to a German mother prior to 1975.  Ive had many business dealings in Germany through work, however my primary ties to Germany are with family and frequent visits.  I only have three family members in the US; one of which, my daughter, will be moving to Germany next year.  I possess a highly sought after skill set in IT, but at this point Im undecided if I want to return to Germany to work or to simply retire.

I have my C1 certification, but I see that various official agencies offer certification:  Goethe Institut, SD, telc, BVA DSD II, TestDaF.  
Are any of these preferred over the other, and in the decision process does a higher score play a role in consideration; or do you simply have to pass the exam?

Your responses and thoughts are greatly appreciated.  I'll append my application accordingly if necessary based on your response.

What is the best means to get a book sent to you for your time?

Regards,

Chris

Answer
Dear Chris,

the cases of applicants born to German mothers prior to 1975 are usually granted because the current application of 14 StAG is in a way a restitution for past discrimination by the German Citizenship Act before 1975. You therefore do not need to overfulfill the requirements like other applicants for naturalization in Germany from abroad who have no German parent.

Whether you want to move to Germany or not is really not the issue. The application will be handled as if you wanted to. Because once you have citizenship, you can move whenever you want. That's why there is the requirement to show that you can support yourself. If you mentioned your qualifications and your current job/income, you should be fine.

Regarding the language test, most German Consulates will send you to the Goethe Institute if you don't have a certificate yet, but all the others are equally fine, if you have reached the appropriate level of course.
Because you applied as the son of a German mother, C1 is sufficient. In other cases, I would recommend doing the C2 if you can, just because it shows a higher proficiency. But we should keep in mind that C1 is already a very high level and is enough to get into many German universities and degree programs.

That you are already waiting for one year is nothing unusual unfortunately. It's not a bad sign, it just reflects the huge backlog of applications. I am curious to hear from you when you receive an answer.

Thank you very much for mentioning the book! I actually have this wishlist of books: https://andreasmoser.wordpress.com/contact/books-my-wishlist/ and my mailing address is at the bottom of it.
Thank you very much in advance!

Andreas Moser

German Law

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Andreas Moser

Expertise

Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.

Experience

Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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