German citizenship by descent

Legal pathways to German citizenship through ancestry

Who is eligible for German citizenship by descent?

Your ancestry traces back to Germany and you’re wondering if you can reclaim your German heritage? Even if you are not living in Germany, your German citizenship might be closer than you think.

In Germany, the principle of jus sanguinis applies. That means that acquiring German citizenship is typically based on descent from a German parent, regardless of the place of birth. Nevertheless, your ancestry might be relevant even when you were not born to a German parent or did not receive your German citizenship by birth for other reasons.

There are various legal bases in Germany that allow naturalization by descent. The right to naturalization by descent is even provided by the German constitution, the so-called Basic Law. The German parliament aimed to repair the injustice and political prosecution during the nazi era. In 2021 the government added further legal pathways to German citizenship by descent by amending the Law on Citizenship.

Under the current legal framework, you may be eligible for citizenship by descent in Germany if your ancestors have lost German citizenship or were denied it during the Third Reich due to political persecution. Or your mother lost her German citizenship since the enactment of the Constitution of the German Federal Republic in 1949 based on gender discrimination. 

This article will guide you through the legal framework, the necessary documents, the application process and the benefits of German citizenship that await you.

General requirement for German citizenship by descent

Firstly, to obtain German citizenship, you need to meet some general requirements. You can claim your citizenship by descent without living in Germany. You also need no knowledge of the German language, which simplifies your path to citizenship.

Nevertheless, your identity must be clearly determined, for example by submitting a valid passport. 

In some cases, your criminal record might be relevant. If you claim naturalization under Art. 116 Basic Law, you don’t need to prove your impunity. 

For claiming naturalization under the Law on Citizenship, however, you must meet some requirements. The general rules are provided under § 12a of the Citizenship Act.. In the case of naturalization by descent, the standards for impunity are lowered. Persons who have been legally sentenced to a term of imprisonment or juvenile detention of two years or more for intentional offenses or for whom preventive detention was ordered at the time of the last legally binding conviction, are not able to become German citizens under § 5 and § 15 Law on Citizenship.

Loss of citizenship during the nazi era

You are eligible for naturalization under Art. 116 (2) Basic Law if you or one of your ancestors lost their German citizenship between the 30th of January 1933 and 8th of May 1945 due to political, racist or religious reasons.

You can find out in four steps whether you qualify for German citizenship under art. 116 (2) Basic Law:

  1. Was one of your ancestors in possession of German citizenship?

    At some point, one of your ancestors must have been in possession of German citizenship. There is no limit on how many generations back you can claim German citizenship. It could be your father, mother, grandparents, or even great-grandparents.
  2. Did your ancestor lose his or her citizenship between January 30, 1933 and May 8, 1945?

    Your ancestor must have lost his nationality between January 30, 1933 and May 8, 1945, either through an individual decision or through a collective revocation of nationality.

  3. Was the withdrawal of German citizenship based on an arbitrary decision for political, racist or religious reasons?

    The withdrawal of citizenship must be based on political, racist or religious reasons.

    Decisions under the Act on the Revocation of Naturalization and the Withdrawal of German Citizenship of 14 July 1933 are always assumed to be based on political, racial or religious grounds. The same applies to the revocation of citizenship in accordance with the Eleventh Ordinance to the Reich Citizenship Act of November 25, 1941.

    Other cases of expatriation may also have been for racial, political or religious reasons, but this must be proven individually in each case.

  4. Would you have acquired German citizenship if your ancestor had not been denaturalized?

    Descendants of former Germans who were deprived of their citizenship are only entitled to naturalization if they would have acquired German citizenship even if their ancestor had not been de-naturalized. This means that there must be a causal link between the denaturalization of your ancestor and the fact that you did not acquire German citizenship by birth. Due to the principle of jus sanguinis, this is usually the case if you are a direct descendant of the person who was denaturalized.

Denied citizenship during the Nazi era

§15 Law on Citizenship complements  Article 116 (2) of the Basic Law and expands the possibilities of naturalization by descent. Under this provision, you are not only eligible for German citizenship if your ancestor lost their citizenship during the nazi era, but also if they never received their citizenship due to political, racial or religious reasons. Therefore, you might qualify for naturalization in Germany even though none of your ancestors ever were German citizens.

You can claim German citizenship under § 15 Law on Citizenship if your ancestor

  • renounced or lost their citizenship before 26 February 1955, or
  • were excluded from acquiring German citizenship through marriage, legitimation, or collective naturalization of German nationals, or
  • were wrongfully denied a naturalization application or were generally excluded from such, or
  • had to give up or lost their usual residence in Germany, if the residence was already established before the 30 January 1933. In the case of children, the residence might also have been established after that date.

Denied citizenship based on gender discrimination after the nazi era

§ 5 Law on Citizenship aims to rectify gender discrimination under previous nationality law. It allows children of a German parent born after the enactment of the Basic Law on 23 May 1949 to declare that they want to become German citizens. If you are one of these children and you were excluded from acquiring German citizenship at birth in a gender-discriminatory manner and have not acquired it otherwise since then, you have a right to receive citizenship by such a declaration.

The following persons have a right to declare:

  • A child of a German parent that didn’t obtain German citizenship by birth,
  • A child of a mother who lost her German citizenship before the child’s birth due to marriage with a foreigner, and
  • A child who became a German citizen by birth and lost their citizenship due to legitimation effective under German law made by a foreigner

Descendants of these children stated above also qualify for obtaining German citizenship by declaration.

The declaration must be submitted by 19 August 2031 at the latest. The declaration can be made informally and becomes effective upon receipt by the competent citizenship authority.

Application process

If you wish to obtain German citizenship by descent, you need to submit an application with the following documents:

  • Proof of identity
  • Proof of lineage
  • Criminal record

Which authority is responsible for your application depends on whether you reside permanently in Germany or not.

If you live in Germany, you can find out which authority is competent for your naturalization at the city or district administration of your place of residence, at the immigration office, or at the migration counseling for adult immigrants or the youth migration services.

If you do not live in Germany, you should apply to your local German diplomatic mission (embassy, consulate) first. Your local German diplomatic mission will forward your application to the competent authority in Germany which is the Federal Office of Administration in Cologne (BVA).

Which diplomatic mission is responsible depends on where you live. You can find a list of all German diplomatic missions here.
Further information on naturalization from abroad can be found here.

German Nationality Law 2024: dual and multiple citizenship

Since the amendment of the German Nationality Law on 27 June 2024, dual and multiple citizenship in Germany is allowed. That means that you do not need to renounce your old citizenship when you claim your German citizenship by descent. Hence, you can enjoy the rights and benefits of being a citizen of both states. 

This assumes that your home state also allows dual citizenship. In the USA, for example, you are allowed to hold multiple citizenship. Further information on dual citizenship in Germany and the USA can be found here.
If you want to find out if your country allows multiple citizenship, check out this interactive list of all countries worldwide.

The benefits of having German citizenship

Obtaining German citizenship by descent opens up a world of opportunities. Firstly, you gain a right of permanent residence in Germany and protection by consular and diplomatic authorities.

Beyond that, it not only grants you the rights and privileges of being a citizen of Germany, but also of being a citizen of the European Union. By holding citizenship of a Member State of the European Union, you automatically possess EU citizenship. That means that you benefit from the rights granted by European law. You can move and reside freely within the territory of the Member States without needing any visa and have unrestricted access to the labor market of all EU countries.

Embrace your German heritage – Get legal assistance

Obtaining German citizenship by descent can be a rewarding journey. It allows you to connect with your heritage and enables you to enjoy the benefits of being a German citizen. Our experienced lawyers are keen to navigate you through the application process. Many official application forms are only available in German, which can make the process difficult to handle. Since various legal grounds can be relevant, identifying the appropriate legal basis for a claim can be complex and usually requires legal expertise. With legal assistance, you can often avoid delays and increase your chances of a successful and timely outcome.

FAQ on Naturalization for Redress

If you are applying from outside of Germany, the application process at the Federal Office of Administration (BVA) does not include any fees. However, keep in mind that there may be fees for obtaining certificates, translations, and authentications.

To apply for naturalization by descent under art. 116 Basic Law and § 15 Law on Citizenship, your ancestors must have lost their citizenship based on racist, political or religious grounds.

Decisions under the Act on the Revocation of Naturalization and the Withdrawal of German Citizenship of 14 July 1933 are always assumed to be based on political, racial or religious grounds. Mainly, Jews who fled abroad were expatriated under this act. The same applies to the revocation of citizenship in accordance with the Eleventh Ordinance to the Reich Citizenship Act of November 25, 1941.

Other cases of expatriation may also have had racial, political, or religious reasons, but this must be proven in each individual case. The definition of political reasons is quite broad, and various cases may be considered. Examples of this could be expatriation due to homosexuality or desertion.

To apply for citizenship by descent, you must be a direct descendant of the person who lost or was denied German citizenship. I could be one of your parents, grandparents or great-grandparents. There is no “generational limit”. This includes illegitimate children of a father who lost or was denied his German citizenship during the nazi era.

You do not need to have lived in Germany in order to apply for citizenship by descent. You can also submit your claim from abroad. The only requirement is that your ancestors either held German citizenship at some point or were denied citizenship even though they had the legal right to acquire it.

While in many cases the ancestors affected by racist or political persecution during the Nazi era did live in Germany, this is not a requirement. This is especially relevant for ancestors who lived in occupied territories.

If one of your ancestors lost their citizenship between January 30, 1933, and May 8, 1945, you can apply for citizenship by descent in accordance with Article 116(2) of the Basic Law, provided that you meet the other requirements.

If you want to claim naturalization by descent under § 15 Law on Citizenship, your ancestor must have renounced or lost their citizenship before 26 February 1955. Further information on the requirements under § 15 Law on Citizenship you can find here.

Yes, you can apply for German citizenship by descent from abroad. If you do not live in Germany, you should apply to your local German diplomatic mission (embassy, consulate) first. Your local German diplomatic mission will forward your application to the competent authority in Germany which is the Federal office of administration (Bundesverwaltungsamt) in Cologne.

Reparatory naturalization allows individuals and their descendants who were affected by political persecution during the Third Reich — and who lost or were denied their German citizenship — to regain German nationality.

Several legal provisions in Germany provide for reparatory naturalization, including the German Constitution, known as the Basic Law.

Through these measures, the German parliament sought to address and repair the injustices of political persecution during the Nazi era, as well as the gender-based discrimination that persisted in its aftermath.

Today, many descendants of those who were politically persecuted are eligible to reclaim German citizenship through reparatory naturalization by descent.

There are no deadlines for your application with one exception. If you seek naturalization by declaration under § 5 Law on Citizenship, you must make such declaration by 19 August 2031 at the latest. You have a right to declare under § 5 Law on Citizenship if you were excluded from acquiring German citizenship at birth in a gender-discriminatory manner and have not acquired it otherwise since then.

If your ancestor lost their citizenship during the Third Reich and you apply for naturalization by descent under art. 116 Basic Law, you do not have to prove your impunity.

However, you must meet certain requirements in order to apply for naturalization under the Nationality Act. The general rules are set out in Section 12a of the Nationality Act. In the case of naturalization on the basis of descent, however, the requirements for a clean criminal record are less stringent. Persons who have been convicted of intentional crimes and sentenced to imprisonment or juvenile detention of two years or more, or who have been subject to a preventive detention order at the time of their last final conviction, cannot acquire German citizenship under Sections 5 and 15 of the Nationality Act.

If you apply for German citizenship by descent, you do not have to have ever held German citizenship. However, with regard to your ancestors, it depends on the legal grounds on which your claim is made. You can either claim that your ancestors have lost their citizenship during the nazi era or that your ancestors were denied citizenship during the nazi era based on political or racist persecution or after the nazi era based on gender discrimination. If the claim is based on the loss of citizenship, you must prove that your ancestors have been in possession of German citizenship at one point. Naturally, if you claim that your ancestors have been denied citizenship, they must never have held German citizenship.

Further information on the different legal grounds and their requirements you can find here.

No. You can also apply for citizenship on the basis of your ancestry if one of your ancestors was denied citizenship after the Nazi era due to gender discrimination . Children of a German parent who were born after the Basic Law came into force on May 23, 1949, have the right to declare that they wish to obtain German citizenship if they were denied it at birth due to gender discrimination and have not acquired it in any other way since then.

Further details on denied citizenship based on gender discrimination you can find here.

Whether you lose your previous citizenship depends on the current regulations in your home country. Since 27 June 2024 Germany allows their citizens to hold multiple citizenships. That means that under German law you do not have to give up your previous citizenship in order to become a German citizen. Nevertheless, it is possible that your home country requires you to renounce your citizenship if you acquire a new one. If you want to find out whether your country allows multiple citizenships, you can check out this interactive list.

No, to apply for citizenship by descent, you do not need to provide proof of German language skills.

During the Third Reich, the Nazi regime carried out collective naturalizations, i.e., collective naturalizations by law of so-called "German nationals" in the annexed and occupied territories in Central and Eastern Europe. To this end, various bilateral treaties with Eastern European countries and national regulations were adopted. German-speaking Jews as well as Sinti and Roma were excluded from these naturalizations by the Nazi regime on racist grounds. If one of your ancestors was excluded for these reasons, you can apply for German citizenship on the basis of your ancestry in accordance with § 15 No. 2 StAG .

If you are claiming German citizenship by descent because your ancestors lost or were denied their citizenship during the Nazi era, it does not matter which of your ancestors was affected or what their gender was. It could have been your mother, grandmother, father, or grandfather — the requirements are the same.

However, if you are claiming citizenship by descent due to gender discrimination that occurred after the Nazi era, then it does make a difference whether your lineage is maternal or paternal. According to § 5 Law on Citizenship, you are generally entitled to naturalization by declaration if your mother or grandmother was a German citizen and their children did not automatically acquire German citizenship due to the discriminatory laws in force at the time.

There is, however, one case under § 5 in which the parental lineage must be paternal: you may declare your wish to become a German citizen if your father or grandfather was German but not married to your mother or grandmother. In such cases, their children also did not acquire German citizenship by birth.

Further information on the requirements under § 5 Law on Citizenship can be found here.

In Germany, the principle of jus sanguinis ( right of blood) applies. . This means that German citizenship is generally acquired through descent from a German parent, regardless of the place of birth.

Under § 4 Law on Citizenship, a child automatically acquires German citizenship at birth if at least one parent is a German citizen at that time.

If you acquire German citizenship by descent, any children born after your naturalization are automatically German citizens, no matter where they are born.

However, if you already have children before your citizenship application is approved, and you were not yet a German citizen at the time of their birth, ius sanguinis does not apply automatically. In that case, you must submit separate applications for citizenship by descent on behalf of your children. This process is usually straightforward, as you can reuse the same proof of lineage you provided for your own application and simply add documentation proving your own parenthood.

Contact
our lawyers now

Please use our online form to tell us about your request. After receiving your request, we will contact you by telephone