Aliens law: The possibilities of foreign naturalisation for people living abroad

Who the German nationality If you would like to purchase a habitual residence in Germany have. However, nationality law recognises Important exceptions, in which persons residing abroad can also obtain German citizenship - for example, for the purpose of Reparation for National Socialist injustice, to the Elimination of previous discrimination in parentage law or with particularly close ties to Germany.

This article explains the key ways in which you can Apply for German citizenship from abroad including typical requirements, procedural instructions and an illustrative case study.

1) German citizenship by declaration (§ 5 StAG)

The Acquisition by declaration is not a „naturalisation“ in the classical sense, but a legally regulated process. Acquiring status by submitting a declaration. The background is the Rectification of gender-discriminatory regulations of the former nationality law.

Who is eligible?

Put simply, people who born after 23 May 1949 and have German citizenship due to previous discriminatory regulations (or not permanently) - as well as their descendants (children/grandchildren, etc.). Typical constellations are

  • Children born in wedlock to a German mother and a foreign father, who did not automatically become German due to the previous legal situation.

  • Children born out of wedlock to a German father and a foreign mother, who did not automatically become German due to the previous legal situation.

  • Children of German mothers who have lost their German citizenship through marriage under previous law.

  • Cases in which a German nationality through legitimisation was lost again under previous law.

  • Descendants of the aforementioned persons.

What requirements apply?

  • The focus is on the Proof of descent and the historical legal situation in the specific family case.

  • As a rule none Requirements such as language test, naturalisation test or residence in Germany.

  • Reasons for exclusion apply (especially in the case of serious criminal offences); in addition, identity and marital status must be clearly proven.

Deadline

The acquisition of the declaration is time-bound (10 years from the entry into force of the regulation in 2021). In practice, this means Act in time, because the procurement of documents and archive records often takes time.

Example (Canada - illustrative)

One in Vancouver living in Canada (born in 1970) was born in wedlock. Her mother was German, her father Canadian. Due to the legal situation at the time, she did not automatically receive German citizenship at birth. About § 5 StAG today - without having to move to Germany - she can German citizenship by declaration if they can prove their parentage and fulfil the requirements on the basis of documents. Their adult children can also benefit, depending on the family constellation.

2) Re-naturalisation of former Germans (§ 13 StAG)

§ Section 13 StAG applies to persons who Former German nationals and later lost it. Re-naturalisation is also possible if you are resident abroad, but this is a Discretionary decisionThere is no automatic entitlement, even if all formal requirements are met.

Typical case groups

  • Loss due to Acceptance of a foreign nationality (e.g. Australia, Canada, USA), especially if no retention authorisation was available.

  • Loss in special historical constellations (depending on the individual case).

What does the authority check?

In practice, four points take centre stage:

1) Clarified identity and former German citizenship
It must be clearly demonstrated that you were previously German and what caused the loss.

2) No relevant criminal offences
Serious or relevant convictions may stand in the way.

3) Secure livelihood
Even if you live abroad, you are expected to be able to cover your own living expenses (including insurance against typical life risks).

4) Continued ties to Germany
The decisive factor is usually whether a State interest is recognisable from the reintroduction. Typical bonds:

  • Close family contacts in Germany

  • Regular stays in Germany

  • Property ownership or economic activity in Germany

  • Stable cultural/social ties

  • Sufficient knowledge of German (often at least B1)

Example (Australia - illustrative)

A former German has been living for years in Sydney and took Australian citizenship in 2015. He lost his German citizenship as a result. He still has family in Germany, visits them regularly, still has a flat in Germany and speaks fluent German. Under these circumstances, a Re-naturalisation according to § 13 StAG be realistic - but the decision remains a case-by-case assessment.

3) Naturalisation from abroad due to special ties (§ 14 StAG)

§ Section 14 StAG is intended for persons who were never German, but exceptionally close ties to Germany have. This is also a Discretionary naturalisation and thus an exception that must be carefully justified in practice.

When can § 14 StAG apply?

  • Long-standing, intensive relations with Germany (family, CV, education, culture)

  • Recurring, longer stays

  • special professional or economic ties to Germany

  • Marriage/life partnership with a German and an objectively comprehensible reason why the centre of life is abroad (e.g. secondment)

Typical minimum requirements (in practice)

  • German language skills (regularly at least B1)

  • Knowledge of the legal and social order (often naturalisation test, depending on the case)

  • secure livelihood

  • No significant criminal offences

  • above all: Substantial ties - „I like Germany“ is not enough; there must be a comprehensible, objectively recognisable weight.

Example (South Africa - illustrative)

A South African national lives with her German spouse in Cape Town, because he was employed there for several years by his German employer. She has learnt German for years (B1/B2), has repeatedly spent long periods in Germany, maintains close relationships with the German family and is financially secure. In such a constellation, a Naturalisation according to § 14 StAG However, the chances of success depend heavily on the overall presentation of the ties and the official assessment.

4) Reparation: Naturalisation claim under Art. 116 para. 2 GG (Nazi expatriation)

Art. 116 para. 2 of the Basic Law concerns persons who were deprived of German citizenship during the National Socialist era. withdrawn for political, racial or religious reasons and their Descendants. If the requirements are met, there is a right to Legal claim.

Who is included?

  • Affected persons who were deprived of their citizenship under the Nazi regime

  • their children, grandchildren, great-grandchildren (depending on the parentage and case constellation)

Typical requirements

  • Proof of former German citizenship and expatriation/removal or the corresponding historical chain

  • Proof of parentage (chain of title)

  • The focus is not on the usual integration requirements such as residency, language test or naturalisation test; the decisive factor is the Examination under restitution law.

Example (Canada - illustrative)

A man in Toronto establishes that his grandfather was persecuted as a German Jew in the 1930s and lost his German citizenship as a result of Nazi measures. He can submit an application under Art. 116 para. 2 of the Basic Law if he provides proof of his ancestry and historical evidence (e.g. documents from archives, previous papers, emigration documents). They do not have to move to Germany to do so.

5) Naturalisation entitlement for victims of Nazi persecution and their descendants (§ 15 StAG)

§ Section 15 StAG has created an entitlement since 2021 for cases in which there was Nazi persecution, but not necessarily an expatriation within the meaning of Art. 116 para. 2 GG. § Section 15 StAG is therefore the more practical way for many families, or the only way possible at all.

Which constellations are typically covered by Section 15 StAG?

For example (greatly simplified):

  • Loss or renunciation of German citizenship in connection with Nazi persecution (e.g. in exile by acquiring another citizenship)

  • Prevention of acquiring German citizenship due to Nazi-related regulations or exclusions

  • Leaving Germany as a result of persecution and the resulting loss of opportunities under nationality law

  • and in each case the Descendants the person concerned

What is decisive in practice?

  • clean Certificate chain (marital status/descent)

  • Comprehensible proof of the Persecution context

  • Convincing presentation of the family and flight history if the document situation is incomplete (can often be combined with archive research)

Example (Australia - illustrative)

A woman in Melbourne is the granddaughter of a person who had to leave Germany in the 1930s due to persecution. The family later obtained a new citizenship abroad, which meant that they lost their opportunities under citizenship law. There is no clear evidence of a classic expatriation, but the persecution and emigration are documented. In such cases § Section 15 StAG be the correct basis for the claim.

This is how the application from abroad typically works

Responsible: Embassy/Consulate and Federal Office of Administration

If you live abroad, applications are often submitted via the German diplomatic mission abroad submitted; the decision is regularly made by the Federal Office of Administration (depending on the legal basis and case design).

Documents: What you almost always need

  • Passport, birth certificate, marriage certificate if applicable, proof of change of name

  • Proof of parentage (chain of deeds for parents/grandparents)

  • for § 13/§ 14 additionally: proof of German language skills, livelihood, ties to Germany, naturalisation test if applicable

  • In the case of Art. 116 para. 2 GG / § 15 StAG additionally: evidence of the persecution situation or historical documents (often also archive documents)

Processing time

Experience has shown that foreign proceedings are not short-term, because chains of deeds, archive records and international documents often need to be checked. Good preparation significantly reduces queries and delays.

Dual nationality (multiple nationality)

Since the reform of the nationality law, the Multiple nationality in Germany is much more open than it used to be. In the restitution and declaration constellations described here, retaining the previous nationality is generally unproblematic in practice; in the case of § 13/§ 14, it depends - as always - on the specific case.

Frequently asked questions about naturalisation from abroad

Can I apply for German citizenship without moving to Germany?
Yes - but only in the exceptions provided for by law (e.g. § 5 StAG, Art. 116 para. 2 GG, § 15 StAG or in special discretionary cases according to § 13/§ 14 StAG).

Do I need German language skills (B1)?
With § 13 and § 14 StAG As a rule, yes. With § 5 StAG and for Restitution cases language tests are typically not a priority.

What is the most important success factor?
One Complete chain of documents and evidence. The clearer the lineage, marital status and the relevant historical/legal facts are documented, the smoother the procedure will run.

Concluding remarks

The Naturalisation from abroad is legally possible in Germany - but only within clear legal exceptions. Whoever finds the right way (e.g. § 5 StAG Declaration, Re-naturalisation, Naturalisation due to special ties, Art. 116 para. 2 GG or § Section 15 StAG) and prepares the application in a structured manner can successfully acquire German citizenship even without residing in Germany.

Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.

If you need legal advice, please feel free to call us at 0221 - 80187670 or send us an email at or send an email to info@mth-partner.de info@mth-partner.de

Lawyers in Cologne advise and represent clients nationwide in immigration law.

Picture of Helmer Tieben

Helmer Tieben

I am Helmer Tieben, LL.M. (International Tax), a lawyer who has been admitted to the Cologne Bar Association since 2005. I specialise in landlord and tenant law, employment law, migration law and digital law and advise both local and international clients. With a Master's degree from the University of Melbourne and many years of experience in leading law firms, I offer clear and effective legal solutions. You can also contact me via
Reach Xing Helmer Tieben
and about X:
Helmer Tieben.

Linkedin

Leave a Reply

Your email address will not be published. Required fields are marked *