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legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 11471
Experience:  20 years of experience in all kinds of law, especially employment law and family law.
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Dear Sir / Madame I am palestinian married to german spouse

Resolved Question:

Dear Sir / Madame
I am palestinian married to german spouse since more than 8 years and I have two kinds.
I was reading the German citizenship law "Nationality Act (Staatsangehörigkeitsgesetz, StAG), section 14 which states":

"Section 14 [General discretionary naturalisation abroad]A foreigner who is ordinarily resident abroad may be naturalised subject to the other conditions of Sections 8 and 9 if ties with Germany exist which justify naturalisation"

Can this be used in the court of law to file a case to be granted the german nationality?

Regards,
Mohammad Tafech
Submitted: 1 year ago.
Category: German Law
Expert:  legal eagle replied 1 year ago.

legal eagle :

Dear Customer,

legal eagle :

thank you so much for using Just Answer.

Customer:

hi

legal eagle :

oh hi

Customer:

thank you for your time, did you get my question?

legal eagle :

Yes I did.

legal eagle :

I am just thinking on how to answer it best

Customer:

ok, can I give you some more info

legal eagle :

Ties with Germany have to be viewed in their context.

Customer:

I am a palestinian with labanese travel document (no state), married since more that 10 years to german spouse. we have 2 kids. we live in Dubai, UAE since we married. I have the A1 level certificate form Goethe institute for german language

Customer:

i did not get what you mean in the context?

legal eagle :

One part can be that you have a German spouse or German ancestors , the other part can be that you may own some real estate in Germany or have a flat there or have been living there for a few years .

legal eagle :

The thing to be kept in mind is that normally in order to be naturalized you have to be a permanent resident in this country.

legal eagle :

So being naturalized without permanent resodency is the excepation which may be granted under certain circumstances but which you are not entitled to.

Customer:

yes but Section 14 of the "General discretionary naturalisation abroad" states that a foreigner who is ordinarily resident abroad may be naturalised subject to the other conditions of Sections 8 and 9 if ties with Germany exist which justify naturalisation" can this be applied?

Customer:

of the (Staatsangehörigkeitsgesetz, StAG)

legal eagle :

With context I mena it has to be regarded as a whole, all aspects considered.

legal eagle :

So marriage is very good , so is Goethe Institut.

Customer:

ok so aspects i should consider is been married to a german spouse as part one, then maybe buying a real estate?

legal eagle :

Better would be if you had a flat in Germany, or would visit every year or so.

Customer:

will this make me entitled for citizinship abroad?

legal eagle :

Yeah buying would be good, if you

Customer:

if it confirmed? as this is a big dicision for me? or do we have any other way?

Customer:

is it confirmed? as this is a big dicision for me? or do we have any other way?


legal eagle :

As I said there is no entitlement but the decisions are made according to Ermessen, which is all circumstances considered.

legal eagle :

No you do not need to buy.

Customer:

so?

legal eagle :

Like I said I would recommend visiting Germany, and so getting to know the country, perfecting your skills in German Language, all these are possible aspects.

Customer:

I know the country as I have visited 3-4 times so far

Customer:

i am really confused now.... to be entitled under article 14 of the Staatsangehörigkeitsgesetz, StAG? i.e. have the nationality from abroad, I should 1) be married, 2) speak german, 3)??

legal eagle :

No, no there is no claim.

Customer:

i did not get you

legal eagle :

It is purely discretionary

legal eagle :

There is to be equitable discretion

Customer:

how we can make it a fact (from abroad)

legal eagle :

Like I said above.

Customer:

so if i visit germany more frequent then it will be ok? for how long?

legal eagle :

But the final decision will always be dicretionary becuase that is waht Art 14 STAG is about.

legal eagle :

Yes

Customer:

if i want to apply for the natinality, will i need the services of a lawyer?

legal eagle :

I would spend my holidays in Germany, traveling around getting to know the country better

Customer:

maybe you?

legal eagle :

No , but a lawyer is always better.

legal eagle :

First you need to create the facts. The more the better.

legal eagle :

Than you apply

Customer:

what will be my chances now being stateless, married to german spouse with 2 kids, speaks A1 level german, visited the country for 3-4 times. would there be any chance?

Customer:

and will you take the case and how much it will cost?

legal eagle :

As of now I would consider your chances to be slim.

legal eagle :

Remember that being naturalized and living abroad is the absolute exception

Customer:

i know and this is why i need the service of laywer to make my chances better

legal eagle :

Yes but you need more facts first.

Customer:

if i open a company in germany? and run it form here?

legal eagle :

The best lawyer can only be as successful as the facts the clients delivers

legal eagle :

Yes, another possible argument

Customer:

i can open a company in germany, have like consultancy service in UAE, pay taxex in germany

legal eagle :

That is a difficult question I cannot answer without the exact details

Customer:

if i try to apply with the current circustances (even my chanes are low) how much it will approx cost me if I hire your services?

legal eagle :

This I cannot answer because it depends on how much work will be required on my side.

legal eagle :

This is not predictable

Customer:

i gave you all the feedback from my side, so why it can not be predicted?

legal eagle :

Becuase the officials may comply right away and it is also possible that they may not and a year long court case lies ahead

Customer:

so it is a chance that you may take to help me out as a lumpsum service. it might finish in one day or one year

legal eagle :

Yes but there are many lawyers specialized in these cases.

legal eagle :

It would be better to pick one of these

Customer:

i thought you are one on them?

Customer:

can you give me some contacts

legal eagle :

Yes

legal eagle :

There is:

legal eagle :

Streifler & Kollegen

legal eagle :

They are in Berlin

legal eagle :

Their Mail is:

legal eagle : XXX@XXXXXX.XXX
legal eagle :

The address is: Oranienburgerstrasse 69

legal eagle :

10117 Berin

legal eagle :

They are also multilingual

Customer:

no specific persons?

legal eagle :

No there is a whole law firm dedicated to immigration law

Customer:

any other company?

Customer:

law firm

legal eagle :

They are the best

Customer:

anyway ok thank you

legal eagle :

If I have helped I would very much appreciate a laughing smilie so I get paid

legal eagle :

thanks

legal eagle, Attorney
Category: German Law
Satisfied Customers: 11471
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
legal eagle and other German Law Specialists are ready to help you

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