Criminal Proceedings and Your Residence Status in Germany

For international residents, a criminal case in Germany raises a double fear: the sentence itself – and what it means for your visa, residence permit or citizenship application. The good news: most criminal proceedings against foreign nationals end without any consequence for their residence status. The decisive factors are the type of outcome and the number of daily rates. We defend international clients in Bonn and Cologne in English and keep the immigration dimension on the radar from day one.

When a conviction affects your residence permit

German immigration law links residence decisions to criminal convictions in several places: expulsion (Ausweisung) under §§ 53 ff. AufenthG requires a weighing of public interest against your private ties, in which convictions carry defined weight. Temporary residence permits can be refused or not renewed where a relevant conviction exists, and naturalisation generally requires the absence of convictions above minor thresholds. Crucially, an investigation alone is not a conviction – the presumption of innocence applies, and pending proceedings may delay but do not by themselves justify negative residence decisions.

The thresholds that matter: 90 and 50 daily rates

Two numbers organise much of the practice. First, fines of up to 90 daily rates (for a first offence) do not appear in the certificate of conduct (Führungszeugnis) – employers and most authorities will not see them. Second, for naturalisation, convictions are generally disregarded up to 90 daily rates; above that, citizenship is barred for the time being. For residence-law purposes, even smaller convictions can be considered by the immigration office, but in practice fines below 50 to 90 daily rates for an isolated offence rarely trigger expulsion proceedings against residents with secure status. Defence strategy therefore often targets precisely these thresholds – or an outright dismissal of the case.

Naturalisation and permanent residence

Applications for citizenship (Einbürgerung) and permanent settlement (Niederlassungserlaubnis) include a register check that goes beyond the certificate of conduct: the authorities query the Federal Central Register itself, where every conviction is recorded until deletion. Pending criminal proceedings suspend naturalisation decisions until the case is closed. If you are in the application process, the timing and outcome of the criminal case should be coordinated – sometimes a few months’ difference in resolution changes the result of the application.

Central Register vs. certificate of conduct

Germany keeps two levels of records. The Federal Central Register (Bundeszentralregister) records all convictions and is visible to courts, prosecutors and certain authorities. The certificate of conduct (Führungszeugnis) is the extract employers may request – and it omits first-time fines up to 90 daily rates, dismissals and acquittals entirely. A penalty order (Penalty Order) with 90 daily rates or fewer therefore usually remains invisible to employers. How penalty orders work and how to appeal them is explained on our page Penalty order received in Germany.

Defense strategy: protecting your status

In practice we pursue three lines. First, dismissal of the proceedings (§ 170 II StPO, §§ 153, 153a StPO) – no conviction, no register entry, no immigration issue. Second, where a sanction is unavoidable, keeping the fine at or below the relevant thresholds and avoiding entries in the certificate of conduct. Third, coordinating with immigration counsel where expulsion or refusal proceedings are already pending. Whatever you do: do not make statements to the police before speaking to a defense lawyer – see your right to remain silent. Our full English-language service is described at Criminal Defense in Bonn.

Frequently asked questions

Will I be deported because of a criminal case?

An investigation alone: no. Expulsion requires a weighing process in which the severity of a conviction, your length of residence, family ties and integration all count. For residents with secure status, isolated minor convictions practically never lead to expulsion – but serious offences, repeat offending or terrorism/drug-trafficking convictions can. We assess your individual risk realistically at the outset.

Does a penalty order count as a conviction?

Yes – once final, a penalty order has the same effect as a judgment, including for immigration and naturalisation purposes. That is why the two-week objection deadline matters so much: an objection keeps all options open and can often reduce the daily rates below the critical thresholds.

Do I have to report the case to the immigration office?

There is no general duty to report pending proceedings on your own initiative, but application forms (renewal, naturalisation) ask about criminal proceedings – and false answers are themselves an offence. Answer truthfully, but get advice on timing and wording first.