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Right to naturalization based on German ancestors

Expert article on citizenship law

Initial situation

Did your father, mother, grandparents or other previous proceedings have German citizenship?

Would you like to know whether you can also acquire German citizenship?

Even if you no longer have any relatives living in Germany or you haven't visited Germany in many years, this option may still be available. Even if you don't speak German.

On August 20, 2021, the fourth amendment to German citizenship law came into force and is the basis for significant simplifications in the acquisition of German citizenship on the basis of German ancestors.

Right to German citizenship

According to Section 5 of the Nationality Law, descendants of German citizens are entitled to acquire German citizenship if it could not be acquired by birth.

When did I not automatically acquire German citizenship by birth?

  • A German woman married a foreign man before April 1, 1953, and automatically lost her German citizenship through the marriage. A child was born afterward.
  • A German woman married a foreign man before January 1, 1975. A child was born afterward.
  • The father was a German citizen on the day of the child's birth, but was not married to the foreign mother. The child was born before July 1, 1993.

In these situations, the child could not automatically acquire German citizenship by birth.

As early as 1975, German lawmakers briefly granted these children the opportunity to become German citizens by declaration. Those who did not take advantage of this opportunity were initially unable to acquire German citizenship.

Since 2012, it has been possible to apply for naturalization because of a German parent, because one did not automatically become a German citizen by birth. Until August 2021, close ties to Germany were generally required, such as regular visits, having relatives living in Germany, or attending German schools abroad. To make matters worse, one had to prove that one could speak German at level B1. Thus, there was no entitlement to naturalization; instead, the authorities could decide, based on the evidence provided, whether this was sufficient for acquiring German citizenship.

Since August 20, 2021, significant simplifications for naturalization have been in place in these cases:

1. Declaration acquisition

All persons born after the entry into force of the Basic Law, i.e. from 24 May 1949, have the right to acquire German citizenship by making a declaration.

The German authorities no longer have any discretionary power. This includes the following persons:

  • legitimate children born before 1 January 1975 to German mothers and foreign fathers,
  • illegitimate children born before 1 July 1993 to German fathers and foreign mothers (only after effective recognition of paternity or its determination according to German law, submission of the declaration of recognition or initiation of the determination procedure before the child concerned reaches the age of 23),
  • Children of a mother who automatically lost her German citizenship before the birth of the child by marrying a foreigner before 1 April 1953,
  • Children who lost their German citizenship acquired by birth through legitimation by a foreigner that was effective under German law before 1 April 1953,
  • the descendants of all children listed above.

2. Deadline for acquiring German citizenship

The legal regulation allowing one to become a German citizen by declaring oneself to want to become a German citizen has been in force since August 20, 2021, and can still be exercised until August 20, 2031, under current law.

3. No close ties to Germany

Close ties to Germany are no longer required. If you can prove that one parent was or should have been a German citizen on the day of your birth, and you fall into the above-mentioned group, this is generally sufficient.

4. No German language skills

Perhaps the biggest relief: You no longer have to prove your German language skills. Even if your grandfather was a German citizen but you never learned to speak German, you can still become a German citizen.

5. Who is excluded from the purchase of the declaration?

Under current law, you cannot acquire German citizenship if you possessed it after birth but then renounced it or lost it in some other way. However, if you lost your German citizenship due to National Socialist persecution, you may be able to acquire German citizenship for reasons of reparation under Article 116 of the Basic Law or Section 15 of the Nationality Act (more on this topic in the article “Persecution under National Socialism: Facilitated Naturalization”).

Have you found your family situation reflected in this article, or are you unsure whether you fall under the applicable regulations and would like to know whether you are entitled to acquire German citizenship?

Please send me the essential information using the questionnaire and I will get back to you.

I would be happy to assist you throughout the entire naturalization process, especially in communicating with the relevant German authorities. Experience shows that it can take some time to obtain the necessary documents. It is important when applying that you can provide appropriate documentation to prove your family connection to your German ancestors.

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