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Reparation naturalization due to persecution under National Socialism

Expert article on citizenship law

Reparation naturalization due to persecution under National Socialism

Were your German ancestors deprived of their German citizenship by an official document during the Nazi era, or did your German ancestors leave the then German territory due to Nazi persecution and live abroad in 1941?

Then there may be a right to naturalization under Article 116 paragraph 2 of the Basic Law (GG).

Article 116, paragraph 2 of the German Constitution provides for the right to (re-)naturalization (so-called “reparation naturalization”) for former German citizens who were deprived of their citizenship for political, racial or religious reasons between January 30, 1933, and May 8, 1945, as well as for their descendants.

The Basic Law has always consciously accepted dual and multiple nationality for the purpose of rehabilitating the victims of National Socialism.

Your ancestors were victims of National Socialist persecution, but the above conditions do not apply?

In this case, there may still be a right to naturalization for reasons of compensation in accordance with Section 15 Paragraph 1 of the Nationality Act (StAG).

On August 20, 2021, the Fourth Act Amending the Citizenship Law came into force and, in addition to the constitutional right, enables another type of naturalization for reasons of reparation for Holocaust victims and their descendants.

1. Renunciation or loss of German citizenship before 1955

Did your ancestors renounce, lose or even fail to acquire German citizenship in connection with persecution measures for the reasons listed in Article 116, Paragraph 2, Sentence 1 of the Basic Law between January 30, 1933 and May 8, 1945?

This may be the case in particular when emigrating from Germany to a foreign country and acquiring foreign citizenship there by applying for naturalization in order to escape persecution.

The renunciation or loss of German citizenship itself does not have to have occurred between 30 January 1933 and 8 May 1945, but only in connection with National Socialist persecution measures before 26 February 1955.

2. Foreign ancestors who were victims of National Socialism

Your ancestors never had German citizenship, but established their habitual residence in Germany before January 30, 1933, and then gave it up or lost it between 1933 and 1945?

Even then, the acquisition of German citizenship may be considered for reasons of compensation.

3. No German language skills

German language skills are not required.

4. Naturalization also for descendants of ancestors

The right to naturalization also applies to all descendants. Descendants include not only children, but all descendants in the descending line (grandchildren, great-grandchildren, etc.). Adopted children adopted before January 1, 1977, are also included. Although they were not able to acquire German citizenship through adoption, they, like biological children, were affected by the after-effects of persecution and are therefore included under the reparation process.

5. No time limit

Naturalization due to persecution under National Socialism is not subject to any time limit and is therefore possible at any time.

Would you like to know whether you or your family members are eligible for naturalization? Please contact me and we can discuss your options.

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