German Citizenship

German citizenship:

• German citizenship by declaration §5 StAG 
• Determination of German citizenship / Certificate of Citizenship §14 StAG
• Art. 116 II GG: Naturalization on grounds of restoration of German citizenship after deprivation
• §15 StAG: Naturalization on grounds of restitution after persecution

Declaration or application for German citizenship if you do have a German mother or father but never were considered German – §5 StAG (German Citizenship Law)

On August 20, 2021 the Fourth Act Amending the Nationality Act entered into force and created a ten-year right of declaration for children born after May 23^rd 1949 (entry into force of the Basic Law) to a German parent, who were excluded in a gender-discriminating manner from acquiring German citizenship by descent. The option of acquisition by declaration also applies to their descendants.

The following individuals are entitled to declare German Citizenship pursuant to §5 StAG (German Citizenship Law):

1. Children born to a German parent who did not acquire German nationality by birth (children born in wedlock prior to January 1^st 1975 to a German mother and a foreign father or children born out of wedlock prior to July 1^st 1993 to a German father and a foreign mother), or
2. Children whose German mother who lost her German citizenship through marriage to a foreigner prior to April 1^st 1953 pursuant to Section 17 (6) of the Reich and Nationality Act (old version), or
3. Children who lost their German nationality acquired by birth through legitimization by their foreign father foreigner prior to April 1^st 1953 and valid under German law pursuant to Section 17 (5) of the Reich and Nationality Act (old Version)
4. Descendants of the above-mentioned children

Please feel free to check contact us (Hyperlink) and schedule a consultation to determine if you are entitled to declare German Citizenship.

Applicants who were born before May 23rd, 1949 or whose German parent lost German citizenship before their birth – § 14 StAG

Individuals, who were born before the implementation of the German Basic Law (implemented on May 23^rd 1949), and who do have a German parent may be able to apply for German Citizenship pursuant to § 14 StAG (German Citizenship Law). This applies to all individuals who were exempt from obtaining German citizenship due to gender discriminatory ruling. §14 StAG also applies to offspring of the above-mentioned individuals.

Please note: German language skills are required to successfully apply for German Citizenship based on §14 StAG.

Naturalization on grounds of restoration of German citizenship after deprivation: Art. 116 II GG 

Pursuant to Article 116 (2) GG (Grundgesetz), people who were actually “deprived” of their German citizenship by the National Socialists between 1933 and 1945 are entitled to naturalization. This means that the person was a German citizen and was deprived of this citizenship in the National Socialist era or that a naturalization that had taken place between 1918 and 1933 was revoked.

As defined in Article 116 (2) GG (Grundgesetz), people are deemed to have been “deprived” of their German citizenship on political, racial or religious grounds wherever this citizenship was either

• lost automatically pursuant to Section 2 of the 11th Decree Implementing the Reich Citizens Act of 25 November 1941; OR
• deprived on an individual basis under the Act on Revocation of Naturalizations and Deprivation of German Citizenship of 14 July 1933.

People who fall within either of these categories and their descendants are entitled to naturalization by the GG (Grundgesetz) since 24 May 1949.

Naturalization on grounds of restitution after persecution: § 15 StAG

Pursuant to § 15 StAG (Staatsangehörigkeitsgesetz), people who lost their German citizenship in some other way or who were never able to acquire German citizenship due to Nazi persecution and their descendants can become German citizens. § 15 StAG benefits people who lost their German citizenship after their flight pursuant to the general provisions, for instance, by virtue of the acquisition of a foreign citizenship or through marriage with a foreign national. The option to apply for naturalization exists since August 20, 2021.