The Federal Administrative Office (BVA) has rejected your application for admission because a different nationality is listed in one of your documents. Then the change to § 6, paragraph 2 of the Federal Displaced Persons Act (BVFG), which has been in effect since December 23, 2023, may be important for you. However, it does not automatically remove old refusals, and how far it extends is still subject to differing assessments by the courts.
Note: This article serves general information purposes and does not replace legal advice in individual cases. The legal interpretation of the new regulation is still evolving. For your specific situation, please contact a lawyer.
The short answer
Since December 23, 2023, the following applies: Anyone who has changed their nationality declaration before leaving the resettlement area only to become a German national, will have their previous declaration for another nationality revoked. Even serious efforts to make such a change are sufficient (BGBl. 2023 I No. 390). This only concerns the question of whether a previous misunderstanding has been overcome. The remaining requirements – German ancestry, residence history, and language skills – must still be met.
A valid rejection remains in effect until it is reversed by a subsequent action. You must make the request yourself.
In what situation are you?
- Your procedure is still ongoing. If you still live in the resettlement area and your application has not been decided upon definitively, the new version is usually to be applied; your reasoning should then be based on § 6, paragraph 2, sentences 2 and 3 of the BVFG. Otherwise, it may be different if you already live in Germany: In that case, it may depend on when you established your permanent residence in Germany (VG Cologne, Judgment of 28.10.2025 – 7 K 853/24, paragraphs 20–22). Such cases must be examined separately.
- You have just received a rejection letter. First, check the instructions for appeals at the end of the decision. The deadline mentioned there – usually one month from the date of service – applies regardless of the reform.
- Their rejection is final. Then an application for the resumption of the proceedings under § 51 of the Administrative Procedure Act is considered, based on the changed legal situation (§ 51, paragraph 1, item 1 of the VwVfG). According to the legal reasoning, this applies to applicants who were rejected because of their lack of knowledge since the change in the BVA practice following the 2021 judgment of the Federal Administrative Court (BT-Drs. 20/8537, p. 14). For this application, the following applies: Section 27, paragraph 3 of the BVFG No deadline. However, it does not automatically lead to admission: The BVA examines the requirements for admission. Section 51 of the VwVfG and then the entire application for admission. Important: If the rejection was based on several independent reasons, there must be a ground for re-examination under § 51(1) VwVfG for each of these reasons. For example, if the BVA has additionally rejected German descent, it is not sufficient that the legal situation has changed upon subsequent knowledge (BVerwG, judgment of 26 January 2021 – 1 C 1.20, paragraphs 20–21Therefore, read the old notice to see the reasons on which it is based.
A new application does not replace the reopening of the case; it does not cancel the old decision. Whether a new application is advisable instead of or in addition to the reopening of the case – for example because further facts have changed since the rejection – should be clarified before submitting the application.
What is considered a counter-indication from a legal perspective
Recent immigrants must have declared their allegiance to the German people (§ 6, paragraph 2, BVFG). The usual proof is a declaration of nationality „German“ in official documents, especially in the former Soviet Union, in the form of a passport. The entry describes ethnic affiliation, not citizenship.
According to the Federal Administrative Court, when providing information to official bodies other than German citizenship, there is a „general“ lack of knowledge (BVerwG, judgment of 26 January 2021 – 1 C 5.20, p. 22). It is crucial whether the entry is based on an explanation attributable to you. The fact that a non-German entry appears somewhere does not replace this legal assessment.
With this judgment – issued on the previous version of the law – the practice was made stricter: To rule out equivocation, the court required external facts that would indicate a change in consciousness; German language skills alone were not sufficient (Paragraphs 21–25). The BVA adapted its administrative practice accordingly. The 2023 reform was intended to reduce this obstacle.
Changed entry, no effort or no possibility to make changes
The entry has been changed
According to § 6, paragraph 2, sentence 2 of the BVFG, nationality declarations that were changed only to German ethnicity before leaving the resettlement area take precedence over earlier declarations. The word „only“ in the legal justification is intended to clarify that all non-German nationality declarations must be changed (BT-Drs. 20/8537, p. 15).
This does not necessarily mean that every historical document that has long since expired must be changed. The OVG NRW had such a case: The old domestic passport with the non-German entry was invalid; in the current passport, a nationality entry was no longer possible. However, the plaintiff had the entries in his marriage certificate and in the birth certificates of his two children changed to „German“. On this basis, the lawsuit was successful (OVG NRW, Judgment of 23 May 2025 – 11 A 2449/24, paragraph 132). The expired passport and the missing entry field alone would not have been sufficient.
Despite efforts, the change did not succeed.
According to § 6, paragraph 2, sentence 3 of the BVFG, serious efforts to change a nationality declaration within the meaning of paragraph 2 are sufficient. The OVG NRW requires that such efforts correspond to the credibility and detectability of a nationality declaration and stand out externally. They are not already insignificant simply because they do not become apparent until after the admission application (OVG NRW, Judgment of 11 June 2026 – 11 A 2817/24, Paragraphs 43 and 51).
A change is not possible in the country of origin
In case 11 A 2817/24, the plaintiff lived in Georgia. According to the court’s findings, no nationalities are anymore recorded in birth certificates there since an order from the Ministry of Justice of June 1, 2021. Therefore, his efforts from June 2022 were inherently hopeless and not „serious efforts“ (Paragraphs 56–57). Efforts that began before such a change in the law in the country of origin may be evaluated differently according to the court’s ruling (Paragraph 58).
Two questions must be distinguished: whether the previous ignorance has been overcome, and whether there is a positive commitment to German culture. The removal of the old entry may be significant for the first question, but does not automatically meet the second requirement.
For the positive confession, the law also allows a confession „in other ways,“ in particular through German language skills at the B1 level or through family-mediated German language skills. However, according to a specifically stated counter-confession, this is not a safe alternative: According to the decision of the Federal Administrative Court from 2021 – issued regarding the previous version of the law – German language skills alone were not sufficient to withdraw from the counter-confession (1 C 5.20, operative part and paragraphs 21–25). It is not clear to the highest court how far this applies under the new version. In the Georgian case, the plaintiff was also unable to prove either B1 or family-mediated German language skills; membership in a cultural association was not sufficient (paragraphs 64–68).
Regardless of their confession, the late-immigrant must be able to have a simple conversation in German at the relevant time. Persons who are unable to speak German due to illness or disability are exempt from this requirement (Section 6, paragraph 2 of the BVFG). The exception does not replace the separate requirement of a declaration of allegiance to the German nation.
Administrative practice of the BVA and case law
There are two levels to be distinguished for applicants. The first is the BVA’s practice: According to its notification of November 26, 2025, the Federal Administrative Office has since the entry into force of the amendment at the end of 2023 resumed its former, more applicant-friendly administrative practice. The BVA therefore decides on applications on this basis.
The second level are the courts. They are particularly influential when the BVA nevertheless rejects an application and there is a lawsuit against it. Complaints against the BVA are regularly heard by the Administrative Court of Cologne, and appeals are heard by the Higher Administrative Court of NRW in Münster. In the core issue, the decisions differ from each other:
| Decision | Statement | Range |
|---|---|---|
| OVG NRW, 23.05.2025 – 11 A 2449/24 | An amended declaration of nationality replaces an earlier declaration „without further requirements“ (leading principle; paragraphs 117–133). The court ordered the BVA to issue the admission decision and allowed the appeal. | „Without further requirements“ refers to overcoming the initial unfamiliarity. Ancestry, language proficiency and the other admission requirements remain in place. |
| VG Köln (10th Chamber), 07.07.2025 – 10 K 3795/22 | Even after the reform, it is necessary to examine whether the change actually contains a commitment to German ethnicity. The Chamber evaluated concrete indications of a mere verbal commitment, such as years of inaction before the change (paragraphs 25–51). It explicitly deviated from the OVG’s decision and allowed the appeal to proceed. | A change during the admission process is not automatically invalid thereafter, but can, together with other circumstances, speak against a genuine confession. |
| OVG NRW, 11.06.2026 – 11 A 2817/24 | Late efforts are not excluded; efforts that are hopeless from the outset are not „serious efforts“. Revision not permitted. | It mainly affects countries of origin where nationality entries are no longer possible. |
The OVG NRW is superior to the VG Köln in the hierarchy of courts. A published decision of the Federal Administrative Court that conclusively interprets the new provision was not known to us at the time of writing (October 2026).
Which documents you should have ready
- Decisions and delivery details. Notice of rejection and, if applicable, notice of opposition, with the date of delivery attached. The deadlines and the choice of the correct route depend on this.
- Your departure date. If you have already left the resettlement area: According to § 6, paragraph 2, sentence 2 of the BVFG, only changes made before that date count.
- All documents with nationality entries. First and later domestic passports, marriage certificates, birth certificates of your children, military ID card if applicable – even expired ones.
- Evidence of the change. New documents with the entry „German“ as well as applications, orders or court decisions that resulted in the change are dated accordingly.
- Evidence of the efforts. If the change has not been successful: applications to the civil registry, refusals, correspondence, complaints – with the date of each step.
- Proof of language skills. Approximately a B1 certificate, with the restriction described above.
Missing documents can sometimes be obtained through archives; our contribution to this topic can be found here. Why archives often provide the crucial evidence. It primarily deals with proof of descent; in the BVFG procedure, the entry of nationality is also important.
Frequently asked questions
I already live in Germany. Can I change the entry now?
According to the wording of § 6, paragraph 2, sentence 2 of the BVFG, changes occur before leaving the resettlement area. However, anyone who has traveled due to war should have their case reviewed separately: the War-Related Residence Extension Regulation regulates whether residence in the country of origin continues despite departure. The OVG NRW has recognized that this residence fiction can affect the relevant time points, and has taken into account German language skills that were acquired only after entry (OVG NRW, Judgment of 05.09.2025 – 11 A 972/23, paragraph 79, 98–99). That later changes in nationality would also be effective does not follow from this. Different conditions and specific deadlines apply for Ukraine and Russia (§ 1 KrWoFGV); Details in the article at Process for accepting late immigrants.
Does the counter-affidavit also apply to my spouse and my children?
Spouses and descendants who are included in the admission certificate do not have to declare their German ethnicity themselves. Therefore, a separate entry from a non-German origin does not preclude their inclusion. The declaration of the late immigrant is decisive.
My current passport does not have a nationality listed. What then?
Then it comes to older documents and identity cards. In the case of the OVG NRW, the old domestic passport was invalid and in the current passport no nationality entry was possible. The plaintiff was successful because he had had the entries in his marriage certificate and in the birth certificates of his two children changed to „German“. The expired passport and the missing entry field alone were not sufficient (11 A 2449/24, p. 132).
How recent immigrants become Germans within the meaning of the Basic Law is explained in our article. Art. 116, Para. 1 of the Basic Law: Who is a „German“ citizen?
Legal review of your case
Lawyer Helmer Tieben advises in Aliens and nationality law and represents applicants before the Federal Administrative Office and before the administrative courts. Send us your rejection notice with the date of service and copies of your documents with the nationalization entry. Contact form.
Status: October 2026. The current version of the BVFG and the latest case law are the relevant standards.
