Reparation naturalization according to ยง 5 StAG

Reparation naturalization according to ยง 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 ยง 5 StAG. ยง 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 ยง 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.ย 

When are you entitled to submit the declaration according to ยง 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 ยง 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 ยง 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 ยง 5 StAG.
  • Also entitled are the descendants of a person entitled in the sense of ยง 5 StAG

In addition, there are still some things to consider when naturalizing according to ยง 5 StAG.

For the acquisition of German citizenship by declaration according to ยง 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 ยง 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 ยง 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.