The Reparation Naturalization according to ยง 15 StAG

The Reparation Naturalization according to ยง 15 StAG

The amendments to the Nationality Act on August 20, 2021, created an unlimited possibility for (re)naturalization through Section 15 of the Nationality Act. Complementing Article 116 (2) of the Basic Law, Section 15 StAG is intended to redress the injustices that occurred during National Socialism. Within this framework, the German state attempts, at least in this respect, to right the wrongs that occurred at that time.ย 

Re-naturalization according to ยง 15 StAG

ยง Section 15 StAG extends the possibilities of naturalization within the framework of reparation. This means that persons and their descendants who do not fall under Article 116 (2) of the Basic Law but who lost their citizenship as a result of Nazi persecution or did not receive it in the first place are now also eligible.

This provision is intended to ensure that persons who have suffered disadvantages with regard to their citizenship on account of a comparable unjust content to Article 116 (2) of the Basic Law can be naturalized. As a kind of extension to Article 116 (2) of the Basic Law, Section 15 StAG covers all those persons who have lost their citizenship due to National Socialist persecution on religious, racial or political grounds, or who have been denied acquisition for the same reasons.

Who is entitled to naturalization according to ยง 15 StAG?

A claim under Section 15 StAG exists for persons in various constellations:

  • If the person renounced or lost his/her citizenship before February 26, 1955, he/she is entitled to re-naturalization. This applies in particular also to the case if this happened by naturalization in another state.
  • Also entitled are persons who were denied legal acquisition by marriage, legitimation or collective naturalization of German nationals.
  • If the person was unlawfully denied an application for naturalization, or was generally excluded from one, re-naturalization is also possible.
  • Finally, re-naturalization is also possible if the person has had to give up or has lost his or her habitual residence in Germany, insofar as this was already established before January 30, 1933, or, as a child, even after that date.
  • Also entitled are the descendants of the persons entitled in the sense of ยง 15 StAG.

ยง Section 15 of the German Nationality Act (StAG) expands the possibilities of restitution naturalization with regard to several aspects in Germany's efforts to redress the injustices of National Socialism. In particular, in contrast to Article 116 (2) of the Basic Law, it is also possible to obtain German citizenship under Section 15 StAG if neither you nor the person from whom you descended ever possessed German citizenship. ยง Section 15 StAG is intended to ensure that all disadvantages in terms of citizenship that have arisen as a result of Nazi persecution are made good. Thus, even those persons who should have been granted citizenship during the Nazi era and their descendants should now have the opportunity to restore this status, i.e. to obtain German citizenship.

In the same way as for naturalization in accordance with Section 15 StAG, no knowledge of the German language or residence in Germany is required for rehabilitation naturalization in accordance with Section 15 StAG. It should be noted, however, that in the case of a serious criminal conviction, there is an exclusion of eligibility to apply. Even if you have previously obtained German citizenship and subsequently lost it again, an application according to ยง 15 StAG is not possible.

Also in the case of naturalization according to ยง 15 StAG, it is essential that you consider in advance which regulations apply in your country of origin with regard to the impairment of your current citizenship by the acquisition of German citizenship.

The extension of naturalization for reparation purposes by Section 15 of the Basic Law (StAG) was an important step towards the just implementation of the reparation for the disadvantages of Nazi persecutees in terms of citizenship, as guaranteed by Article 116 (2) of the Basic Law.

If you have any questions, please do not hesitate to contact us! As experienced lawyers in migration law, we are at your side throughout the entire process of an application for re-naturalization according to ยง 15 StAG.