Legal questions about naturalization and work in Germany

Questioner

Good afternoon, a friend of mine is in the process of naturalization (she is originally Romanian) and now wants to work temporarily in Germany (for 1-3 years). She would then stay in Germany during the working week, and be home in the Netherlands during the weekends and holidays. Does this jeopardize obtaining Dutch nationality? Can she register with the municipality in Germany at her address there? In any case, she wants to remain registered in the Netherlands, and as mentioned, she will also be in the Netherlands very regularly. Thank you very much!

Lawyer

In order to obtain Dutch nationality, your girlfriend must have her principal residence in the Netherlands. Principal residence is where someone has their actual place of residence; in other words, their place of residence or actual abode. Since she plans to stay in Germany for five days and for a period of 1-3 years, it is conceivable that she is considered to have her principal residence not in the Netherlands, but in Germany. Spending weekends and holidays in the Netherlands is then not sufficient. She would also be better off not registering with the GBA in Germany, because that would make Germany her principal residence (see LJN: AB3050, Council of State, 200001912/1). Furthermore, the Council of State once ruled that one cannot have one's principal residence in and outside the Netherlands: it is either one or the other.

Lawyer

I agree with Kiyan Rezaie's answer. During the naturalization procedure, your girlfriend must reside in the Netherlands. If she works at the Dutch border, it may be possible to work as a cross-border worker in Germany, but then she may not stay in Germany for 5 days, but must travel back to the Netherlands each time. Since you indicate that she wants to stay in Germany for 5 days, I suspect that the distance is too far to travel there and back.