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Legal Action Necessary for obtaining German citizenship

Legal Action Necessary for obtaining German citizenship

Why did our firm’s client need to go to the Israeli family court as part of the process of gaining German citizenship?

Written by: Samara Becker

While Germany recently passed a new law that makes it much easier for Israelis to obtain German citizenship, these new easier laws do not take into account familial problems and obstacles. There are many documents needed in the application of a German passport, some of which include birth certificates, registration and more. In this article, I will highlight on the issue of a grandmother not authorizing the Ministry of Interior to give out a document needed for her child and grandchild to gain German citizenship. Our immigration law firm took on this case, fighting hard for two family members to obtain their well-deserved German citizenship, winning the case.

Grandmother refuses to give approval for documentation due to family feud

         In this case, two family members of their German-born grandmother ran into problems when going through the process of obtaining their German citizenship. As part of the application process, the two family members needed a summary of registration of their father and grandmother to prove their relation to the grandmother who was born in Germany. When the grandmother refused to provide these documents, an obstacle was formed. The family members need the grandmother’s approval for the documents, but the grandmother refused to grant them on the basis of an “invasion of privacy”.

Family conflict in the way of German citizenship

         In court, the grandmother took the stance that her family members asking for these documents was an invasion of privacy, but the grandmothers’ true feelings were later uncovered. The grandmother and her family members had been estranged for 15 years, causing emotions to be high and strong. The grandmother was uncomfortable helping her family when they have not spoken in so long, yet this was not a valid legal claim. While family issues have the tendency to draw out legal issues, they often do not have the power to change the verdict of the case. For this reason, legal assistance may act as crucial in getting a fair verdict, as without, time is lost, potentially harming both parties in the issue.

Grandmother did not hold legal reason to withhold documents

         After hearing both sides in court, the judge ruled in favor of the family members wishing to obtain their German citizenship. With the help of professional and experienced lawyers at our immigration law firm, the grandmother’s emotions were revealed, showing the judge that refusing the documents was harmful to the family members, but not harmful to the grandmother. The grandmother is now legally obligated to turn over the documents that her family members request.

Diving into the law

         For the judge to make his ruling, he had to fall back on preexisting laws and precedents. In this case, Regulation 1 of the Population Registry Regulations of 1975 played a role in the determining verdict. Regulation 1 deals with receiving information regarding registration. Further, rule 29b of the Family Court Regulations aided in the decision of the judge, along with exactly what the Privacy Protection law covers. The law is clear cut in this case, as the grandmother had no true legal standing for her claims, eventually granting the two family members access to the summary of registration they needed in order to obtain their German citizenship.

Family law as a whole

         As seen in this case and many others, family law can be messy and complicated. When emotions are involved people become stubborn and hostile, potentially causing unfixable relationships. Sometimes the best option is to get legal professionals involved, as they take a removed approach to the situation, simply using the law to get a true and fair outcome.