# German citizenship application



## Clairebear22 (4 mo ago)

Hello all!
I will soon be applying for my German citizenship, I tick all the criteria. But I want to ask if anybody knows if I can apply for my passport if I am currently receiving job seekers 1?
Thanks in advance!


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## ALKB (Jan 20, 2012)

Clairebear22 said:


> Hello all!
> I will soon be applying for my German citizenship, I tick all the criteria. But I want to ask if anybody knows if I can apply for my passport if I am currently receiving job seekers 1?
> Thanks in advance!


It depends a bit on which Bundesland you apply in, and whether you are topping up or are fully dependent on benefits, but generally, no.

You ideally need to be in employment, not on a fixed term contract and out of the probabtion period.


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## *Sunshine* (Mar 13, 2016)

It is also possible to meet the financial requirements for citizenship if you are married and your spouse earns enough to support the family without your (temporary) unemployment insurance benefits.


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## Clairebear22 (4 mo ago)

ALKB said:


> It depends a bit on which Bundesland you apply in, and whether you are topping up or are fully dependent on benefits, but generally, no.
> 
> You ideally need to be in employment, not on a fixed term contract and out of the probabtion period.


Thank


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## Clairebear22 (4 mo ago)

Thank you for your help. To be clear this is job seekers 1, not job seekers 2. So I will apply in October, I had job seekers 1 in July and August but September I have my work contract. I think there may be a loophole, the reason I was on job seekers is my last job wanted me to get vaccinated and I did not want. To note, I am divorced with children living in Germany.


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## Clairebear22 (4 mo ago)

*Sunshine* said:


> It is also possible to meet the financial requirements for citizenship if you are married and your spouse earns enough to support the family without your (temporary) unemployment insurance benefits.


Thank you for your help. To be clear this is job seekers 1, not job seekers 2. So I will apply in October, I had job seekers 1 in July and August but September I have my work contract. I think there may be a loophole, the reason I was on job seekers is my last job wanted me to get vaccinated and I did not want. To note, I am divorced with children living in Germany.


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## *Sunshine* (Mar 13, 2016)

Since you are divorced and are starting a new job, most EBH will not start processing your application until you've passed your probationary period in 6 months.


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## Clairebear22 (4 mo ago)

Thank you, but isn’t job seekers 1 different as it’s a fund I paid into?


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## ALKB (Jan 20, 2012)

Clairebear22 said:


> Thank you, but isn’t job seekers 1 different as it’s a fund I paid into?


It´s not about a previous period of time during which you received ALG I, it´s about you having a new employment contract. What´s your probatioary period as stated in the contract?


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## *Sunshine* (Mar 13, 2016)

ALKB said:


> What´s your probatioary period as stated in the contract?


The probationary period in the contract is irrelevant; _Kündigungsschutz_ under German law only applies after 6 months.


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## *Sunshine* (Mar 13, 2016)

Clairebear22 said:


> Thank you, but isn’t job seekers 1 different as it’s a fund I paid into?


However, you need to have sufficient fund for the foreseeable future and your ALG I will eventually run out.


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## ALKB (Jan 20, 2012)

*Sunshine* said:


> The probationary period in the contract is irrelevant; _Kündigungsschutz_ under German law only applies after 6 months.


When my husband got naturalised, his new contract was accepted when his probabtionary period was waived.


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## *Sunshine* (Mar 13, 2016)

ALKB said:


> When my husband got naturalised, his new contract was accepted when his probabtionary period was waived.


That actually makes no sense from a legal standpoint. The EBH could have made a positive prognosis even without the waiver and the waiver doesn't change the fact that the employer could still have terminated the contract without cause.

I was in the opposite situation when I applied for my NE (the income requirements are the same). The ABH refused to issue me an NE while I only had a temporary contract. My next contract with the same employer was permanent and included a standard 6 month probationary period, however, the _Kündigungschutzgesetzt_ applies after 6 months continuous employment. Instead of trying to have my contract changed (it would have probably taken a few months and not been worth the effort), I went to my NE appointment with copies of the law itself and relevant case law. Despite being about 3 weeks into my new contract (that included a probationary period), I was able to obtain the NE since my position was secure.


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## ALKB (Jan 20, 2012)

*Sunshine* said:


> That actually makes no sense from a legal standpoint. The EBH could have made a positive prognosis even without the waiver and the waiver doesn't change the fact that the employer could still have terminated the contract without cause.
> 
> I was in the opposite situation when I applied for my NE (the income requirements are the same). The ABH refused to issue me an NE while I only had a temporary contract. My next contract with the same employer was permanent and included a standard 6 month probationary period, however, the _Kündigungschutzgesetzt_ applies after 6 months continuous employment. Instead of trying to have my contract changed (it would have probably taken a few months and not been worth the effort), I went to my NE appointment with copies of the law itself and relevant case law. Despite being about 3 weeks into my new contract (that included a probationary period), I was able to obtain the NE since my position was secure.


I can only speak from personal expereince, there appears to be quite a bit of wiggle room for the individual case worker.


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