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:
- 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. - 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. - 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.
- 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.
Frequently Asked Questions on naturalization (FAQ)
How well do I have to speak German to be naturalized?
In principle, language skills at level B1 or higher are required for naturalization. If you can prove a higher language level, you may be able to naturalize earlier. Theoretically, naturalization is also possible with a lower language level than B1. However, this still requires a certain knowledge of the language, as your integration into the German way of life must be guaranteed. In addition, there must be a public interest in you receiving German citizenship.
What are the advantages of German citizenship?
Naturalization in Germany gives you a number of advantages.advantages. Naturalization in Germany gives you a number of advantages.n advantages. Freedom of movement in Europe, the possibility of visa-free entry into many other countries with one of the "strongest" passports in the world and protection by the institutions of the German state even when traveling abroad are just some of the many advantages of German citizenship. In addition, German citizens enjoy unrestricted access to the labor market of all EU countries, including the possibility of becoming a civil servant, as well as a lifelong right of residence in Germany and the EU, which does not expire even during longer stays abroad.
How much does naturalization cost?
A fee of 255.00 euros is payable for a naturalization certificate for adults. The fee for a rejection notice is between 25.00 and 255.00 euros. A naturalization certificate for a minor child (i.e. up to the age of 18) who is naturalized together with someone else (co-naturalization) only incurs a fee of 51.00 euros.
Can I be naturalized if I receive social assistance?
Anyone wishing to acquire German citizenship must be able to prove that they can support themselves and their dependents. to support themselves and their can support themselves. They must not be receiving benefits under the Second or Twelfth Book of the German Social Code (SGB II or SGB XII). be received. These include, for example, unemployment benefit II, basic income support in old age or in the event of reduced earning capacity and social assistance.
However, according to the new law , there are exceptionsIf you have been in full-time employment for 20 months within the last 24 months within the last 24 months, receiving state benefits is not harmful. The same applies if your spouse or registered partnerwho lives with you and a child has been in full-time employment for 20 months within the last 24 months. And also for former guest workers and contract workers and their spouses who have joined them are also exempt from receiving state benefits such as social assistance if they are not responsible for this.
Which countries belong to the Schengen area?
The following countries belong to the Schengen area:
- Austria
- Belgium
- Denmark
- Germany
- Estonia
- Finland
- France
- Greece
- Italy
- Croatia
- Latvia
- Lithuania
- Luxembourg
- Malta
- Netherlands
- Poland
- Portugal
- Sweden
- Slovakia
- Slovenia
- Spain
- Czech Republic
- Hungary
- Iceland (outside the EU)
- Liechtenstein (outside the EU)
- Norway (outside the EU)
- Switzerland (outside the EU)
The United Kingdom of Great Britain and Northern Ireland and Ireland are NOT part of the Schengen area!
Do you still have to take a naturalization test under the new Citizenship Act?
YesThe new law does not change the rules for the naturalization test. However, as before, you do not have to take the test if you are at least a German school-leaving qualification (qualificationRealschule, Abitur etc.)a completed vocational training with a grade in the subject of social studies or a degree in the fields of law and social sciences, social sciences or politics naor politics.
How does the naturalization test work?
The naturalization test consists of 33 multiple choice questions, of which you must answer at least 17 correctly in order to pass. It takes one hour to complete and costs 25 euros. To prepare, you can simulate the test online or view the entire catalog of all possible questions. Where exactly you can register for the test and take it varies from region to region. We have created a corresponding overview for each federal state:
In principle, you are not obliged to take the naturalization test in your home federal state. Instead, you can take the test at any test center in Germany. However, some of the questions always relate to your home federal state, even if you take the naturalization test in another federal state.
Do I have to give up my old citizenship in order to naturalize in Germany?
Since the new Naturalization Act came into force on 27 June 2024, those wishing to naturalize no longer have to give up their old citizenship. According to the new legal situation, anyone can obtain dual citizenship - provided the country of origin also allows it. You can find a list of countries that do not allow dual citizenship here.
Is naturalization possible after three years?
The general period of residence that must be fulfilled for naturalization is five years. In the past, it could be shortened by up to two additional years in the case of special integration achievements, for example in work, school or voluntary work. This meant that naturalization was possible after just three years of residence. However, the Bundestag decided on 8 October 2025 to abolish naturalization after three years. Naturalization after three years with special integration achievements is therefore no longer possible.
Which diplomatic mission abroad is responsible for me?
Germany has embassies or consulates in almost every country in the world. There is often only one embassy per country - this is then responsible for all people from that country. In large countries in particular, however, there are often several consulates, each of which is responsible for one region. The exact distribution of responsibilities is then explained on the embassy's website. You can find a map of all German missions abroad here.
Is naturalization possible despite a criminal record?
In principle, you must not have a criminal record if you want to be naturalized. However, not all previous convictions are really relevant. For example, convictions or penalty orders of no more than 90 daily rates as well as convictions for prison sentences of up to three months that were suspended and not enforced are not taken into consideration. The same applies to previous convictions that are no longer listed in the Federal Central Criminal Register. You can find out more about exemption from punishment for naturalization here.
Where do I have to apply for naturalization?
Where you have to apply for naturalization depends on where you live. If you are in Germany, you must apply to the naturalization authority responsible for your place of residence. You can find out which authority this is from the foreigners authority in your town or municipality or from the district or city administration. Naturalization applications from abroad, which are processed by the Federal Office of Administration, must be submitted to the responsible German mission abroad, i.e. the German embassy or a (general) consulate.
How long will it take for a decision to be made on my naturalization application?
Even now, it usually takes up to 12 monthsuntil a decision is made on an application for naturalization. When the new law comes into force on 26 June 2024, the number of naturalization applications is expected to increase significantly will increase significantly. This will probably also increase the processing times by several months. If the authorities do not make a decision on your application for too long, it may be advisable to file an action for failure to act action for failure to act. Our lawyers will be happy to advise you on this.
Where can I take the naturalization test?
In Germany, you can register for and take the naturalization test at all participating institutions. These institutions differ regionally within Germany. We have sorted all institutions by federal state for you:
Tip:
You can register for the naturalization test throughout Germany, but answer the questions of the federal state in which you live.
What is the BVA?
The abbreviation BVA stands for Federal Office of Administration. The Federal Office of Administration deals centrally with administrative tasks that are the responsibility of the federal government. As the individual federal states are generally responsible for naturalizations, the Federal Office of Administration only processes naturalization applications that are submitted from abroad. The Federal Office of Administration is also responsible for applications for the retention or release of German citizenship, as well as applications for the determination of the (non-)existence of German citizenship or the acquisition of a declaration.
How long does it take to process a naturalization application?
The authorities often take a very long time to process a naturalization application due to the many documents involved. Processing times of several months to well over a year are the rule. Since the Act on the Modernization of Citizenship Law came into force on 27 June 2024, it can be assumed that waiting times will be considerably longer again because many new applications will be submitted. To help you obtain your rights more quickly, it may be advisable to file an action for failure to act. Our experienced lawyers will be happy to advise you on this. Just ask us.