This article is intended as a general guide and does not replace individual legal advice. Naturalisation by restitution is a complex area of law in which the individual case is decisive. Contact a specialist lawyer for migration law for your specific situation.
Her grandmother fled Berlin in 1938. Her grandfather lost his German nationality, because he had himself naturalised in the USA - in order to survive. Or your ancestors lived as Polish Jews in Germany for decades and were never granted citizenship because the Nazi regime deliberately excluded them.
All these stories have one thing in common: Germany has recognised the injustice and created opportunities for citizenship within the framework of the Reparation or to acquire them for the first time. The two central legal bases are Article 116 paragraph 2 of the Basic Law (GG) and § Section 15 of the Citizenship Act (StAG). Both paths are open to you and your descendants - without a language test, without residing in Germany and without giving up your previous citizenship.
This article explains which route is the right one for your family situation, which requirements apply and how the procedure actually works.
Two paths, one goal: Art. 116 para. 2 GG and Section 15 StAG at a glance
German law recognises two separate bases for claims for restitution naturalisation. Which one applies depends on this, like Your ancestor lost his German citizenship - or whether he was never able to acquire it.
Article 116 (2) GG - Re-naturalisation after formal revocation
Article 116 (2) sentence 1 of the Basic Law grants a constitutional claim for re-naturalisation. It applies to persons who were deprived of their German citizenship between 30 January 1933 and 8 May 1945 for political, racial or religious reasons. withdrawn and for their descendants.
What does „revoked“ mean in concrete terms? The law refers to two historical processes: firstly, individual denaturalisation on the basis of the law on the revocation of naturalisation of 14 July 1933, and secondly, automatic loss in accordance with the 11th Ordinance to the Reich Citizenship Act of 25 November 1941. This ordinance meant that all Jews who had their habitual residence abroad lost their citizenship by operation of law.
A ruling by the Federal Constitutional Court on 20 May 2020 (ref. 2 BvR 2628/18) has significantly expanded the group of beneficiaries. Since then, legitimate children born before 1 April 1953 to a German mother and a foreign father, as well as illegitimate children born before 1 July 1993 to German fathers and foreign mothers, have also been considered descendants within the meaning of Article 116 (2) of the Basic Law. This is of great importance for many Jewish families because there used to be gender-related gaps in the law.
For Art. 116 para. 2 GG there are No application deadline. The entitlement is unlimited in time, including for grandchildren, great-grandchildren and later generations. Each descendant has their own personal entitlement - regardless of whether parents or grandparents have submitted an application themselves.
§ Section 15 StAG - Restitution naturalisation in the event of loss or prevented acquisition
- Section 15 StAG has been in force since 20 August 2021 (Fourth Act Amending the Citizenship Act). It closes a loophole left open by Art. 116 para. 2 of the Basic Law: many persecuted persons did not lose their citizenship through formal revocation, but by other means - or were never able to acquire it due to persecution.
What does that mean in practice? A typical case: Your grandmother fled persecution to the USA in 1936 and was naturalised there in 1948. By accepting US citizenship, her German citizenship was automatically lost. However, it was not a „withdrawal“ within the meaning of Art. 116 para. 2 GG - it was a loss that would never have occurred without the persecution. This is precisely the case covered by Section 15 StAG.
The paragraph covers persons who were persecuted by the Nazis for political, racial or religious reasons in the period from 30 January 1933 to 8 May 1945:
- have given up or lost their German citizenship before 26 February 1955 - for example through naturalisation in another country
- were excluded from legal acquisition of citizenship through marriage, legitimisation or collective naturalisation
- were not naturalised despite applying for naturalisation or were generally excluded from naturalisation, which would otherwise have been possible
- had to give up their habitual residence in Germany if this had already been established before 30 January 1933 (for children also after this date)
The Descendants of these persons are entitled to naturalisation in accordance with § 15 StAG. This includes children, grandchildren, great-grandchildren and other generations. Important: In contrast to Art. 116 Para. 2 GG, persons can also be naturalised under § 15 StAG who never had German citizenship. That is a significant difference.
Comparison: Art. 116 para. 2 GG and § 15 StAG
The following comparison shows the main differences and similarities between the two legal bases at a glance:
| Feature | Art. 116 para. 2 GG | § Section 15 StAG |
| Occasion | Formal withdrawal of citizenship (denaturalisation) | Loss, abandonment or prevented acquisition in connection with persecution |
| Legal character | Constitutional claim (Basic Law) | Legal entitlement to naturalisation (StAG, since 20.08.2021) |
| Typical case | Jewish family whose citizenship was revoked by decree in 1941 | Jewish family who voluntarily accepted US citizenship after fleeing the country |
| Application deadline | None - unlimited entitlement | None - unlimited entitlement |
| Language Skills | Not required | Not required |
| Residence in Germany | Not required | Not required |
| Naturalisation test | No | No |
| Dual nationality | Permitted - no renunciation of previous citizenship necessary | Permitted - no renunciation of previous citizenship necessary |
| Fees | Free of charge | Free of charge |
| Generational boundary | None - descendants entitled in every generation | None - descendants entitled in every generation |
| Competent authority | Federal Office of Administration (BVA), Cologne | Federal Office of Administration (BVA), Cologne |
Who is entitled to claim? The most common constellations
The question of whether Art. 116 para. 2 GG or § 15 StAG is the right path depends on the specific circumstances of your family. In practice, we often encounter the following situations:
Withdrawal by the 11th Ordinance (1941) - Art. 116 para. 2 GG
If your ancestor was Jewish, had his habitual residence abroad on or after 27 November 1941 and automatically lost his citizenship as a result, this is a classic case of Article 116(2) of the Basic Law. This concerns by far the largest group of Jewish applicants. You and all your descendants - children, grandchildren, great-grandchildren, with no generational limit - have a right to naturalisation.
Flight and subsequent naturalisation abroad - § 15 StAG
Her ancestor fled Germany before 1941 and later naturalised in the USA, Great Britain, Argentina or another country. As he did not acquire German citizenship through a state act withdrawn but lost them through their own actions, Art. 116 para. 2 GG does not apply. § Section 15 StAG, on the other hand, covers precisely this case - provided that the loss was in connection with persecution measures.
Never acquired citizenship - § 15 StAG
Your ancestors may have lived in Germany for decades as foreign Jews, but were excluded from acquiring citizenship - whether by being denied naturalisation, by discriminatory exclusion rules for collective naturalisation or by exclusion from legal acquisition through marriage. On its website, the BVA cites the example of a family in Gdansk who, despite generations of residence, were denied citizenship because they were Jewish. § Section 15 StAG also opens up the path to German citizenship for these descendants for the first time.
Maternal line of descent - extension since 2020
Until the decision of the Federal Constitutional Court in May 2020, descent through the maternal line was a common obstacle. Today, legitimate children of German mothers (born before 1 April 1953) and illegitimate children of German fathers (born before 1 July 1993) can also assert claims. If a previous application under Art. 116 para. 2 GG was rejected on these grounds, a new application can be made today.
Prerequisites and reasons for exclusion
Both procedures require no knowledge of German, no residence in Germany and no naturalisation test. The procedure is free of charge. Dual citizenship is permitted - since 27 June 2024 in principle also in the case of regular naturalisation; this already applied to naturalisation by restitution.
However, there are reasons that preclude a claim:
- Serious convictions: A legally binding custodial or juvenile sentence of two years or more (at home or abroad) precludes naturalisation.
- Reasons for exclusion according to § 11 StAG: Anyone who pursues or supports anti-constitutional endeavours cannot be naturalised.
- Citizenship already regained and lost again: Anyone who regained German citizenship after 1945 and then voluntarily gave it up again (for example by renouncing it or naturalising in another country) cannot be naturalised again in accordance with Section 15 StAG. This restriction also applies to children born after this renewed loss. However, there is an exception if citizenship was lost before 1 April 1953 through marriage to a foreigner.
Before the naturalisation certificate is issued, a solemn declaration of commitment to the free democratic basic order must be made.
What documents are required?
Documentation is often the most time-consuming part of the procedure. The BVA requires proof of the persecution situation and the line of descent. In practice, this means
- Completed application form (Application E15 or AK for minors) - the BVA provides these forms for download in German and English
- Birth certificates and marriage certificates all persons in the line of descent - from you to the ancestor whose nationality was affected
- Proof of former German citizenship of the ancestor - old passports, identity cards, naturalisation certificates, registration certificates or other official documents
- Evidence of persecution - This can include deportation lists, emigration papers, letters, reparation files or entries in victim databases (e.g. Yad Vashem, Arolsen Archives)
- Proof of your current nationality - Passport or naturalisation certificate
- Certificate of good conduct or comparable certificate from your country of residence (depending on the individual case)
The BVA is aware that not all documents are always available due to the nature of the prosecution. If original documents have been destroyed, proof of plausibility and affidavits can be accepted. Nevertheless, the more complete the documents, the faster and smoother the procedure will be.
This is how the procedure works
The application is submitted to the Federal Office of Administration (BVA) in Cologne submitted. If you live abroad, submit the application via your responsible German mission abroad (embassy or consulate). The mission abroad will forward the documents to the BVA.
The BVA will check your application and the enclosed supporting documents. If the decision is favourable, you will receive a Naturalisation certificate. You acquire German citizenship from the moment the certificate is handed over to you - not from the date of the decision. The certificate is usually handed over via the diplomatic mission abroad.
A realistic assessment: The processing times at the BVA are long, often several years. Careful preparation of the documents and a fully completed application can significantly shorten the processing time because queries can be avoided.
Important for applications submitted before 20 August 2021: If you have already submitted an application under Section 14 StAG as part of the restitution process, this will automatically be treated as an application under Section 15 StAG. You do not need to submit a new application.
Common mistakes and misunderstandings
- „I have a Jewish grandfather - so I'm automatically entitled.“ Not necessarily. The decisive factor is not religious affiliation per se, but whether your ancestor had German citizenship (or could have acquired it) and lost it or was unable to acquire it due to National Socialist persecution. Jewish ancestry alone does not establish a claim.
- „Art. 116 and § 15 are the same.“ No. Art. 116 para. 2 GG presupposes a formal withdrawal. § Section 15 StAG covers all other persecution-related losses or prevented acquisitions. It is crucial to choose the correct basis for the claim - an incorrect application can lead to delays.
- „The procedure has a deadline.“ Neither Art. 116 para. 2 GG nor § 15 StAG have an application deadline. The entitlement is unlimited. (Not to be confused with the declaration period according to § 5 StAG, which applies until 19 August 2031 and affects a different group of people).
- „I have to speak German to be able to make the application.“ Incorrect. The forms are also available in English translation. Language skills are not a prerequisite for naturalisation.
- „If original documents are missing, the application has no chance of success.“ Not mandatory. The BVA takes into account that documents may have been destroyed due to persecution. Affidavits and indirect evidence (victim databases, archive material) are examined. However, professional preparation of the evidence significantly improves the chances of success.
Special regulation: No generational cut in compensation
Since the reform of nationality law in 2024, there has been a so-called generation cut for children born abroad to German parents (Section 4 (4) StAG): Anyone who is born abroad as the child of a German born abroad only acquires citizenship under certain conditions.
For descendants of persons who acquired their citizenship in the context of restitution pursuant to Art. 116 para. 2 GG or § 15 StAG, this generation cut applies explicitly not. The law makes it clear here that the chain of nationality transfer is not interrupted by restitution.
Why legal advice makes sense
The procedure itself is free of charge and, in principle, you can submit the application independently. In practice, however, it has been shown that naturalisation for restitution requires considerable legal and documentary effort:
- The correct allocation to Art. 116 para. 2 GG or § 15 StAG requires a precise analysis of the family and persecution history. An incorrect basis for entitlement leads to enquiries and delays.
- The multi-page application forms must be completed correctly in German. Errors in the presentation of the lineage can jeopardise the entire application.
- Obtaining historical documents from archives in several countries is time-consuming. Lawyers with experience in this area know the relevant archives and databases.
- In the case of incomplete documents, a conclusive legal argumentation is decisive - especially in borderline cases between the different case groups of § 15 StAG.
The law firm MTH Partner in Cologne regularly advises clients from Germany and abroad on restitution naturalisation. We examine your claim, prepare the documents and accompany the proceedings with the BVA. An initial consultation will clarify which basis of entitlement applies in your case and which next steps make sense.
Special cases: Austria, Eastern territories and EU citizenship
Between 13 March 1938 and 26 April 1945, Austria was considered part of the German Reich. Austrian citizens were considered German nationals during this period. If your Jewish ancestors came from Vienna, Graz or other Austrian cities and were persecuted there during this period, you may be entitled to restitution naturalisation.
German citizenship also extended to the eastern territories of the former Reich - Pomerania, Silesia, East Prussia and East Brandenburg (now parts of Poland). Jewish families from these regions may also be eligible if persecution led to the loss or denial of citizenship.
In practical terms, German citizenship also means a EU citizenshipFreedom of movement in all EU and EEA states, the right to live, work and study in any EU country, as well as consular protection worldwide. This opens up additional options for descendants of Jewish victims of persecution who now live in the USA, Israel, Argentina, the UK or elsewhere - without having to move to Germany.
Frequently asked questions (FAQ)
Can I apply for German citizenship if my Jewish grandfather fled Germany?
Yes, in most cases. If your grandfather was a German citizen and lost his citizenship as a result of persecution - either through denaturalisation (Art. 116 para. 2 GG) or through later naturalisation in another country after fleeing (§ 15 StAG) - you have your own entitlement as a descendant. There is no generational limit: grandchildren, great-grandchildren and later generations are also entitled.
Do I have to speak German to submit the application?
No. Neither Art. 116 para. 2 GG nor § 15 StAG require knowledge of German. The application forms are also available in English translation. There is no naturalisation test and no language certificate. You only have to declare your commitment to the free democratic basic order before receiving your naturalisation certificate.
How long does the procedure take?
Processing times vary considerably. With complete documentation, applicants report processing times of around 18 months or more. In complex cases involving archive research or incomplete documentation, the process can take two to three years or longer. Careful preparation of the application significantly shortens the duration because queries and additional requests from the BVA are avoided.
Do I have to give up my current citizenship?
No. Naturalisation by restitution expressly allows dual (or multiple) citizenship. You do not have to give up your previous citizenship. However, check whether the law of your home country allows you to acquire a second nationality - Germany does not impose any restrictions, but your country of origin may.
Is there a deadline for the application?
No. Neither Art. 116 para. 2 GG nor § 15 StAG have a time limit. The entitlement is unlimited. Do not confuse this with the declaration deadline under Section 5 StAG (deadline: 19 August 2031), which concerns a different group of people - namely people who were not considered German nationals under previous legislation due to gender-based discrimination.
What does the procedure cost?
The naturalisation procedure at the BVA itself is free of charge. However, costs may be incurred for the procurement and legalisation of documents, for apostilles, archive searches and, if necessary, for legal assistance.
My ancestor was Jewish but had Polish citizenship and lived in Germany. Do I have a claim?
Possibly yes. § Section 15 StAG also expressly covers people who never had German citizenship but were excluded from acquiring it due to Nazi persecution. If your ancestor had his habitual residence in Germany (established before 30 January 1933) and had to give it up due to persecution, he may be entitled to naturalisation - even if he was never a German citizen himself. The BVA cites precisely this case as an example.
Are you a descendant of victims of Nazi persecution and would like to have your claims checked? Contact us for a Initial assessment of your case - We will clarify which path is the right one for your family.
