Reparation Naturalization under Article 116(2) of the Basic Law
Reparation Naturalization under Article 116(2) of the Basic Law
Because many people were unlawfully deprived of their German citizenship under the National Socialist tyranny, our Basic Law grants them and their descendants a right to (re)naturalization. You can find out the most important background information on whether you have such a claim and how you can assert it here.
Historical background
Under the National Socialist regime, many people were subjected to persecution on political, racial or religious grounds and lost their German citizenship in the process.
Thus, on July 14, 1933, the so-called "Law on the Revocation of Naturalizations and the Deprivation of German Citizenship" came into force. On this basis, naturalized people and their descendants were deprived of their citizenship during the Weimar Republic if they were considered "undesirable" by the National Socialists. Who was wanted and who was not was decided according to racial, civic and cultural criteria.
In addition, Reich citizens abroad could also lose their citizenship if they violated the "duty of loyalty to the Reich and the people," had "harmed German interests," or did not return to Germany in response to a demand to return. This particularly affected political emigrants and refugees.
On November 25, 1941, the "Eleventh Ordinance to the Reich Citizenship Law" came into force. As a result, all Jews automatically lost their German citizenship if they had their habitual residence abroad. This applied, for example, to Jews who fled abroad to save their own lives.
In order to prevent past injustice from continuing, the German constitution grants those affected and their descendants a right to (re)naturalization in Article 116(2 ) of the Basic Law .
Are you entitled to naturalization under Article 116(2) of the Basic Law?
A claim under Article 116(2) of the Basic Law exists if you or one of your ancestors was deprived of citizenship between 30.01.1933 and 08.05.1945 for political, religious or racist reasons.
Citizenship shall be deemed to be "withdrawn" if it is
- revoked in individual cases in accordance with the Law on the Revocation of Naturalization and Deprivation of German Citizenship of 14.07.1933 or
- was automatically withdrawn in accordance with § 2 of the Eleventh Ordinance to the Reich Citizenship Law of 25.11.1941.
- Furthermore, you must not have already obtained citizenship under Article 116(2) of the Basic Law and subsequently renounced or lost it.
Reparation naturalization pursuant to Article 116 (2) of the Basic Law is a so-called claim naturalization. If you want to derive your entitlement from an ancestor, then this ancestor must not have already acquired his or her citizenship in accordance with Art. 116 (2) GG and given it up again or lost it before your birth.
A person who has a claim under Article 116(2) of the Basic Law and who settled in Germany after 08 May 1945 shall be deemed never to have been denaturalized. In the case of descendants of the expatriated person, German citizenship shall be deemed to have existed since birth.
Exception: you have expressed a contrary will at the latest at the time of taking up residence.
If you have any questions, please feel free to contact us! We will advise you on your options for naturalization and assist you throughout the process as experienced attorneys in migration law.
