Proof of the requisite German language skills is a central requirement for acquiring German citizenship according to Section 10 (1) sentence 1 no. 6 of the German Nationality Act (StAG). Applicants must generally demonstrate language skills at level B1 of the Common European Framework of Reference for Language Skills (CEFR) – for example, through a recognized language certificate or other suitable proof. However, over the last years, German immigration authorities have reported an increase in fake language certificates being submitted in the naturalization process. Such manipulations result in legal and administrative consequences that many affected individuals may not be aware of.

Fake Language Certificates: Criminal Consequences in Germany

Forgery of Documents According to Section 267 of the German Criminal Code (‘StGB’)

Submitting a fake language certificate regularly fulfills the elements of document forgery under Section 267 (1) StGB. A document is an embodied declaration of intent that identifies the issuer and is intended for use as evidence in legal transactions. Language certificates – particularly from recognized institutions such as ‘telc’, ‘Goethe-Institut’, or ‘TestDaF’ – are undoubtedly documents within the meaning of the German Criminal Code.

Anyone who produces such a document, alters it, or uses a forged document, therefore commits a criminal offense. The penalty ranges from a fine to imprisonment for up to five years.

Fraud According to Section 263 StGB

Additionally, if the submission of a fake language certificate deceives a German immigration authority about the fulfillment of naturalization requirements, this also constitutes fraud under Section 263 (1) of the StGB.

Although the authority may not suffer financial damages per se, unlawfully obtained citizenship can be assessed as a “benefit of equivalent value.” German jurisdiction regularly applies the fraud offense in comparable cases (e.g., cases involving fraudulently obtained residence permits).

Regarding Fraud: Attempt, Aiding and Abetting, and Instigation

The attempt to commit fraud is punishable under Section 263(2) of the StGB. Third parties – such as intermediaries who procure or sell fake language certificates – can also be held liable for aiding and abetting or for instigation (Sections 23, 26, 2 StGB).

Fake Language Certificates: Overview of Administrative Consequences in Germany

Revocation of Naturalization According to Section 35 StAG

According to Section 35 (1) StAG, naturalization can be revoked if a person’s German citizenship was obtained using a fake language certificate (and therefore through fraudulent deception). The revocation takes retroactive effect, meaning the naturalization is deemed never to have occurred in the first place. This can have serious consequences – such as the loss of the German passport, restoration of the former foreign citizenship status, and potentially the loss of rights, including voting rights or access to certain professions.

Consequences for the German Residence Permit

If the affected person no longer holds German citizenship after the revocation of naturalization, they must reapply for a residence permit under the German Residence Act (‘AufenthG’). In many cases, the deception of using a fake language certificate may also lead to the refusal of their application under Section 5 (1) No. 2 AufenthG, as such behavior regularly creates doubt about their reliability and integrity.

Disciplinary and Professional Consequences

For individuals in public service or in sensitive professions (e.g., lawyers, doctors, civil servants), such deception can also result in disciplinary proceedings or the loss of professional licensure.

The Naturalization Process: How German Authorities Verify the Authenticity of Language Certificates

German Immigration authorities at present verify the authenticity of language certificates very carefully, including through:

• Electronic verification of the databases of the respective language institutes,
• Verification of security features (such as QR codes and verification codes),
• Targeted inquiries with the respective language institutes.

Fake Language Certificates: How Schlun & Elseven Lawyers Can Help

Submitting a fake language certificate in the naturalization process is no trivial offense. It regularly leads to criminal conviction and can even result in the retroactive revocation of German citizenship. However, proceedings do not automatically have to end in a conviction: If you seek the assistance of our experienced criminal defense lawyers early on, they can increase your chances of success significantly.