SZ Legal - Legal advice for private individuals and companies worldwide

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 they have to leave the then German territory due to Nazi persecution measures and lived abroad in 1941?

In this case, there may be a claim to compensation naturalization under Article 116 paragraph 2 of the Basic Law (GG).

Right to compensation naturalization under the Basic Law

According to Article 116, Paragraph 2 of the Basic Law (GG), 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 their descendants – have a right to (re-)naturalization.

This special form of reparation naturalization serves the rehabilitation of victims of National Socialism. The Basic Law explicitly accepts dual or multiple nationality in order to enable those affected and their families to return to German citizenship.

Reparation under the Nationality Act (Section 15 (1) StAG)

Even if your ancestors were victims of National Socialist persecution but the requirements of Article 116 of the Basic Law do not directly apply, you may still be entitled to naturalization as compensation.

The Fourth Act Amending German Citizenship Law entered into force on August 20, 2021. In addition to the constitutional right, it provides an additional option for naturalization for Holocaust victims and their descendants on grounds of reparation.

Requirements for compensation naturalization

1. Renunciation or loss of German citizenship before 1955

Did your ancestors lose, renounce, or even fail to acquire German citizenship as a result of Nazi persecution between January 30, 1933, and May 8, 1945?

This was often the case when those affected left Germany and adopted another nationality abroad by applying for naturalization in order to escape persecution.

The loss of German citizenship does not have to have occurred during the Nazi era itself, but merely in connection with the persecution before February 26, 1955.

2. Foreign ancestors who were victims of National Socialism

Even people whose ancestors never held German citizenship can be naturalized under certain conditions.

If your family had their habitual residence in Germany before January 30, 1933, and had to give this up between 1933 and 1945 due to persecution, you may also be entitled to naturalization as compensation.

3. No requirement for German language skills

No German language skills are required for naturalization, regardless of whether you or your family have lived abroad for generations.

4. Naturalization for reparations also for descendants

The right to naturalization exists not only for those directly affected, but also for their descendants – that is, children, grandchildren, great-grandchildren and other descendants in the descending line.

Children adopted before January 1, 1977, are also included if they were unable to acquire German citizenship through the adoption, but were affected by the fate of persecution like biological children.

5. No time limit

There is no time limit on the application for naturalization as compensation. Naturalization due to persecution under National Socialism can therefore be applied for even many decades later.

Advice on compensation naturalization

Would you like to know whether you or your family members are entitled to reciprocal naturalization and can regain German citizenship?

Please feel free to contact me – I will review your documents and explain the legal options for regaining German citizenship as part of the compensation process.

FAQ

Compensation naturalization is a naturalization according to Article 116 Paragraph 2 of the Basic Law for former German citizens who lost their citizenship for political, racial or religious reasons between 1933 and 1945, as well as for their descendants.
Former German citizens whose citizenship was revoked during the Nazi era, as well as their descendants, are eligible. Individuals who were forced to emigrate from Germany may also be eligible.
Yes, the claim extends to all descendants in the descending line, i.e. children, grandchildren, great-grandchildren and also adopted children adopted before 1977.
No, knowledge of German is not required for the compensation naturalization.
No, naturalization for reasons of Nazi persecution is not time-limited and can be applied for at any time.
Foreign ancestors who lived in Germany before 1933 and had to give up or lost their residence between 1933 and 1945 can also justify naturalization.
Article 116, paragraph 2 of the Basic Law (GG) regulates the constitutional right of victims of National Socialism. Section 15 of the StAG (National Socialist Act) also allows for naturalization for reasons of reparation, even after amendments by the law of August 20, 2021.
Yes, the renunciation or loss of citizenship does not necessarily have to have occurred between 1933 and 1945, but only in connection with National Socialist persecution before February 26, 1955.
Usually, proof of the ancestors' German citizenship, documents concerning their loss or withdrawal, as well as information on emigration or residence abroad during the period of persecution.
Contact SZ Legal for a personal consultation. They will determine whether you or your family members meet the requirements for naturalization and what steps are required.

Legal area

en_US