Reparation naturalization according to § 5 StAG
The amendments to the Nationality Act on August 20, 2021, created a ten-year right of declaration for the naturalization of so-called "old cases" through § 5 StAG. § Section 5 StAG aims to redress gender-specific discrimination with regard to the effect on the citizenship of affected persons.
The right of declaration according to § 5 StAG
For the right of declaration under Section 5 StAG, the applicant must have been born after the entry into force of the Basic Law, i.e. after May 23, 1949.
This regulation on the possibility of acquiring German citizenship is intended to take into account the previously applicable gender-discriminatory regulations in German citizenship law and to open up the possibility of acquiring German citizenship to this discriminated group.
Specifically, the provision of Section 5 StAG includes persons who could not acquire German citizenship by birth because "only" the mother was German at the time of birth or these persons have lost their citizenship again. It also covers persons who are children of a mother who lost her citizenship by marriage to a foreigner before birth. The regulation also includes the descendants of these persons.
Basically, it is a matter of counteracting the injustice to which women were subjected and thus, at least retrospectively, redressing the disadvantages with regard to citizenship.
When are you entitled to submit the declaration according to § 5 StAG?
Section 5 StAG covers various constellations, but in particular those affected by the following constellations are eligible:
- Persons born after May 23, 1949, but before 1975, whose parents were married but "only" the mother was a German citizen. In such cases, German citizenship was not acquired by birth, since in this case only the citizenship of the father was decisive. In this case, you are entitled to submit a declaration in accordance with § 5 StAG.
- Persons born between 23 May 1949 and July 1993 as the child of a German father and whose parents were not married at the time of birth. In this case, German citizenship was also not acquired and it is therefore possible to submit the declaration in accordance with Section 5 StAG, insofar as the parents were not married before 01 July 1998.
- Persons whose mother lost her citizens hip before birth by marrying a foreigner before April 01, 1953. In this case, German citizenship could also not be acquired by birth, unless the father was a German citizen. Also in such a case, the person concerned is also entitled to declare according to § 5 StAG, if you were born after May 23, 1949 and before April 01, 1953.
- Persons born illegitimately to a German mother after May 23, 1949, but whose parents later married before April 01, 1953, could also lose their citizenship through so-called legitimation. In such a case, German citizenship can also be acquired by declaration according to § 5 StAG.
- Also entitled are the descendants of a person entitled in the sense of § 5 StAG
In addition, there are still some things to consider when naturalizing according to § 5 StAG.
For the acquisition of German citizenship by declaration according to § 5 StAG neither German language skills are necessary nor do you have to have a residence in Germany. You also do not have to provide proof of your financial capability. However, the acquisition according to § 5 StAG can be excluded under certain circumstances. This is particularly the case if you have been convicted of a serious criminal offense in Germany or abroad. Or you had already acquired German citizenship elsewhere but have lost it again in the meantime.
Caution. - If you intend to acquire German citizenship by declaration, this may under certain circumstances lead to the loss of your current citizenship. Whether this is the case depends on the regulations of the country of your current citizenship. You should find out from the relevant authorities in your country whether the acquisition of German citizenship may affect your current citizenship before submitting the declaration in accordance with Section 5 StAG.
The declaration according to § 5 StAG must be submitted by August 19, 2031 at the latest. Pursuant to Section 4 (4), it must also be noted that the first generation born after December 31, 1999, is the last generation to have the opportunity to naturalize.
Section 5 StAG represents an important aspect of reparation for gender discrimination in Germany. Due to the unjust discrimination of women, many children and also the women themselves were deprived of their German citizenship without reason. Reversing this situation is an important process in coming to terms with these injustices.
We will be happy to help you assert your right to German citizenship and advise you on your options.
FAQ on Naturalization for Redress
Do my children automatically become German citizens if my naturalization by descent is successful?
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.
Can I apply for naturalization by descent from abroad and which authority is responsible for my application?
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.
In which cases was citizenship revoked during the Third Reich on racist, political, or religious grounds?
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.
Do I or my ancestors have to have ever lived in Germany in order to apply for naturalization by descent?
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.
Can I only claim naturalization by descent if my ancestors lost their citizenship during the Nazi regime?
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.
Are there any costs or fees associated with applying for naturalization by descent?
Who qualifies as an eligible descendant for citizenship by descent and how many generations have a right to apply for naturalization?
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.
What are the requirements for immunity from prosecution in the case of naturalization by descent?
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.
Are there age limits or deadlines for applying for 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.
Is it relevant whether the parental lineage is maternal or paternal? Are there any differences?
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.
What were the so-called collective naturalizations during the Third Reich?
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 I apply for naturalization by descent, do I or my ancestors have to have ever held German citizenship?
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.
Do I lose my previous nationality, if my application for naturalization by descent in Germany was successful?
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.
What are the key dates for the loss of citizenship or denied citizenship during the Nazi regime?
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.
What does “Wiedergutmachungseinbürgerung” (reparatory naturalization) mean?
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.