For many foreign nationals residing in Germany, naturalization represents the culmination of years of building a life in the country. When a prior criminal conviction — even a relatively minor one resulting in a fine — threatens to derail that process, it can be both frustrating and deeply unsettling.

At Schlun & Elseven, our citizenship lawyers regularly advise international clients on the legal obstacles that can arise in naturalization proceedings. In this article, we examine the risks posed by fines below 90 daily rates and explain what applicants need to be aware of when moving forward with their application.

Conviction and Fines Below 90 Daily Rates

As a general rule, convictions resulting in fines of up to 90 daily rates are disregarded in naturalization proceedings under Section 12a (1) sentence 1 no. 2 of the Nationality Act (StAG).

However, pursuant to Section 12a (1) sentence 2 StAG, this does not apply where the foreign national has been convicted of an act that was:

  • unlawful,
  • antisemitic,
  • racist, or
  • otherwise contemptuous of human dignity

and such a motive has been established in the judgment.

This means that even fines of just a few daily rates can prevent naturalization in Germany.

Establishment in the Judgment

A key requirement is that one of these motives must have been established in the judgment itself. Problems frequently arise because the naturalization authority reads not only the judgment but the entire investigation file, and often concludes that one of the relevant motives is present — even though it was never established in the judgment, but merely inferred by the authority from the file.

Penalty Orders

A penalty order (Strafbefehl) can also block naturalization for a considerable period if it establishes motives that are hostile to the constitutional order.

Note: In such cases, you should always file an objection against the penalty order in order to have those motives reviewed by a court.

Aggregation of Daily Rates

Multiple convictions involving only a small number of daily rates can also stand in the way of naturalization, as they are aggregated under Section 12a (1) sentence 3 StAG. In these cases, it is important to verify that the combined total does not exceed the 90-daily-rate threshold.

Conclusion: The 90-Daily-Rate Threshold Is Not a Safe Harbor

Applicants can no longer rely on the 90-daily-rate threshold as an automatic safeguard. Even minor prior convictions should therefore always be assessed on a case-by-case basis to determine whether the conditions for naturalization are met.

Schlun & Elseven: Strategic Support When Your Naturalization Application Has Been Denied

If you have questions about a rejected naturalization application or the impact of criminal convictions on your eligibility for citizenship, please do not hesitate to contact us. Our firm provides comprehensive support in nationality and administrative law and carefully examines the legal options available in your individual case.

We analyze the rejection notice issued by the naturalization authority and assess whether the statutory thresholds — such as the 90-daily-rate limit — and your personal circumstances have been correctly taken into account. In particular, we examine whether the authority exercised its discretion properly, or whether an erroneous discretionary decision was made in cases involving convictions below the standard thresholds.

We also represent your interests in objection and court proceedings nationwide to enforce your right to naturalization. If the authority attributes a racist or otherwise discriminatory motive within the meaning of Section 12a StAG to you, we carefully examine the actual circumstances of the case and present exculpatory evidence to refute that allegation and restore your eligibility for naturalization. To that end, we review the criminal and naturalization files for exculpatory details that are frequently not given sufficient weight in administrative proceedings. Where legally possible, we also explore options under criminal procedure law — such as reopening the proceedings or reinstatement — in order to retrospectively correct a conviction that is detrimental to your naturalization prospects.

In addition, we advise you strategically on the expungement periods in the Federal Central Register (Bundeszentralregister) and clarify at what point a conviction may no longer be taken into account for naturalization purposes, and when a fresh application can be submitted with a sound legal basis.