Three paths to German citizenship for Nazi victims and their descendants — and how to find the right one
Note: This article is for general information only and does not replace individual legal advice. The restitutionary naturalisation concerns complex family and legal history contexts that must always be examined on a case-by-case basis. Please consult a lawyer for your specific situation.
Your grandfather was a German national of Jewish faith. In 1939, he emigrated to Argentina. In 1941, he automatically lost his nationality through the 11th Ordinance to the Reich Citizenship Law. Your father was born in Buenos Aires in 1948, and you yourself in 1980. You now wish to reclaim German citizenship – but which law is actually applicable?
German law does not recognise one restitutionary naturalisation, but three different legal bases for claimsArticle 116, Paragraph 2 of the Basic Law (Grundgesetz, GG), § 15 of the Nationality Act (StAG)and § 5 StAG. Each has its own prerequisites, its own scope of application and its own legal consequences. Whoever chooses the wrong basis risks delays at best – and rejection at worst.
Article 116 (2) of the Basic Law (German Constitution) — the constitutionally guaranteed right to re-naturalisation
The oldest and best-known regulation has been enshrined directly in the Basic Law since 1949. Article 116 (2) sentence 1 of the Basic Law stipulates: Former German citizens who were deprived of their citizenship between 30 January 1933 and 8 May 1945 for political, racial or religious reasons withdrawn to be, and their Descendants can be naturalised again upon application.
The key word is „withdrawn“. Art. 116 para. 2 GG only applies if the nationality is by a sovereign act was eliminated by the Nazi regime. In practice, this affects two scenarios:
- Automatic loss of rights under Section 2 of the 11th Ordinance to the Reich Citizenship Law of 25 November 1941 All German nationals of Jewish faith, who at the time of coming into force or later had their habitual residence abroad, forfeited their nationality by operation of law. This affected hundreds of thousands.
- Individual expatriation under the law of 14 July 1933: Individuals were deprived of their nationality by public announcement in the Reichsanzeiger. This mainly affected political persecutees – Social Democrats, Communists, trade unionists, publicists.
Art. 116 para. 2 GG does not establish a new acquisition of nationality, but rather a Return. Dogmatically, denaturalisation is treated as void from the outset. The claim to naturalisation has existed since the Basic Law came into force on 24 May 1949, is unlimited in time and is not tied to any requirements such as language skills, residence or renunciation of previous citizenship. The procedure is fee-free.
Extension by the Federal Constitutional Court (2020)
Until 2020, administrative practice narrowly interpreted the term „descendants“. Illegitimate children of naturalised fathers and legitimate children of naturalised mothers with foreign husbands were not considered eligible. With its decision of 20 May 2020 (Ref. 2 BvR 2628/18), the Federal Constitutional Court clarified that this restriction violates Art. 6 (5) of the Basic Law (equality of illegitimate children) and Art. 3 (2) of the Basic Law (equality of the sexes). The compensatory purpose of the regulation fundamentally precludes a restrictive interpretation.
Since then, descendants are also considered to include children born in wedlock before 1 April 1953 to forcibly naturalised German mothers and foreign fathers, as well as children born out of wedlock before 1 July 1993 to forcibly naturalised German fathers and foreign mothers. Those previously rejected on this ground can submit a new application informally.
§ 15 of the Nationality Act (StAG) – the statutory residual provision since 2021
Art. 116 (2) of the Basic Law has a crucial limitation: it requires a formal Withdrawal This requires German citizenship. But what if someone was never a German citizen, even though they would have become one without the Nazi persecution? What if citizenship was not revoked, but lost through flight and subsequent naturalisation in another country?
It is precisely for these cases that the legislator created § 15 StAG with the Fourth Act Amending the Nationality Act (in force since 20 August 2021). It functions as Safeguarding arrangement for persons who are not entitled under Article 116 (2) of the Basic Law, but whose disadvantage under nationality law represents comparable injustice.
The central difference: Section 15 StAG establishes a genuine naturalisation — the initial acquisition of citizenship by administrative act. It is not about restitution, but about restoring the legal situation that would have existed without Nazi persecution. This procedure is also free of charge.
The four categories of cases under § 15 of the Nationality Act
- 15 StAG covers persons who, in connection with persecution for political, racial or religious reasons (30 January 1933 to 8 May 1945):
- Nationality renounced or lost before 26 February 1955 — for example, by acquiring another nationality after fleeing, by renunciation upon application, or by marriage to a foreigner. A typical example: A Jewish journalist flees to the USA in 1933 to avoid imminent imprisonment and is naturalised there in 1950. His German nationality was not lost through Nazi deprivation, but through a later legal act. Article 116, Paragraph 2 of the Basic Law does not apply — Section 15 of the Nationality Act, No. 1, already is.
- Excluded from legal acquisition through marriage, legitimation or mass naturalisation were — for example, Jewish residents of Danzig who were denied German citizenship when incorporated into the Reich, while all other inhabitants were automatically granted it.
- Not naturalised after application or excluded from naturalisation — approximately a stateless Berliner, who applied for naturalisation in 1933 and was rejected because he was considered a communist.
- have given up or lost their usual residence in Germany — provided it was established before 30 January 1933 (or after that date as a child). This applies to stateless persons and foreigners who lived in Germany for years before being expelled through deportation, expulsion, or forced emigration. By losing their residency, they also lost the possibility of ever becoming naturalised citizens. The residency must have been within the borders of Germany as of 31 December 1937.
In all four categories of cases, the claim to naturalisation also extends to the Descendants — Children, grandchildren, great-grandchildren and further generations. The claim is limited in time unlimited. As with Article 116 (2) of the Basic Law (Grundgesetz), neither language proficiency, residence in Germany, nor renouncing one's previous nationality is required.
Attention: The blocking effect of § 15 sentence 2 StAG
A frequently overlooked ground for exclusion: if German nationality was acquired after the persecution-related renunciation or loss acquired again later was (perhaps through naturalisation after 1945) and after which it was lost again (e.g., through renunciation, dismissal or acquisition of another nationality upon application), re-naturalisation is possible under Section 15 of the Nationality Act (StAG) excluded. This also applies to children born after this renewed loss.
Exception: The blocking effect does not apply if the nationality acquired after 8 May 1945 before 1 April 1953 lost through marriage to a foreigner or through legitimation.
§ 5 StAG – the time-limited declaration right for old cases of gender discrimination
In addition to naturalisation for restitution in the narrower sense, there is a third provision that often becomes relevant in the same context: § 5 StAG. It concerns persons born after 23 May 1949 who could not acquire German citizenship because the law in force at the time disadvantaged women in acquiring citizenship.
Typical cases: Children born in wedlock to a German mother and a foreign father before 1 January 1975 did not acquire German nationality – it was only passed down through the father. Children born out of wedlock to a German father before 1 July 1993 were also excluded.
Warning: § 5 StAG is limited in time. The declaration must be made no later than 19 August 2031 to have been received by the Federal Office of Administration or the competent authority. After this date, the possibility expires permanently. This procedure is also free of charge.
- The 5th Act on Nationality Law is not a Nazi-specific instrument – it corrects gender-discriminatory regulations in nationality law overall. In practice, however, it often overlaps with other reparation cases when gender discrimination occurs in families that were also affected by Nazi persecution.
Overview: Three grounds of claim in comparison
| Article 116(2) of the Basic Law | § 15 StAG | § 5 StAG | |
| Legal character | Constitutional claim (since 1949) | Statutory right to naturalisation (since 20.08.2021) | Acquisition of explanation (since 20.08.2021) |
| Core idea | Restoration of citizenship | First-time acquisition as restitution | Correction of gender-discriminatory old regulations |
| Central prerequisite | Formal Expropriation by the Nazi Regime (11th Ordinance or Law of 1933) | Loss of property, loss of livelihood or loss of residence in connection with Nazi persecution | Acquisition of nationality by birth due to discriminatory gender provisions; birth after 23.05.1949 |
| Descendants | Yes, including non-marital children (since Federal Constitutional Court 2020) | Yes | Yes |
| Fixed-term | Unlimited | Unlimited | By 19/08/2031 |
| Fees | Free of charge | Free of charge | Free of charge |
| Language Skills | Not required | Not required | Not required |
| Residence in DE | Not required | Not required | Not required |
| Multiple nationality | Permitted | Permitted | Permitted |
| Generational divide | Excluding descendants | Excluding descendants | § 4 Paragraph 4 of the Nationality Act can apply. |
| Jurisdiction (Abroad) | BVA, Cologne | BVA, Cologne | BVA, Cologne |
| Domestic jurisdiction | Immigration Office / District Administration | Immigration Office / District Administration | Nationality Authority of the place of residence |
Withdrawn, lost, never acquired — why the distinction is crucial
The systematics of naturalisation as reparation revolve around a central question: How Was the connection to German citizenship lost?
If nationality was removed by a sovereign act of the Nazi regime – expatriation, deprivation, or automatic loss under the 11th Ordinance – then a Withdrawal then Art. 116 para. 2 of the Basic Law is the correct basis for the claim.
Did nationality then cease to be held in some other way — through naturalisation in the host country after fleeing, through marriage to a foreigner, or through renunciation — or was it not acquired at all because Nazi persecution prevented its acquisition, does the case fall under § Section 15 StAG.
The distinction has practical consequences: Article 116 (2) of the Basic Law retroactively reinstates citizenship. Section 15 of the Nationality Act establishes it for the first time through naturalisation. In practice, an application under Article 116 (2) of the Basic Law is often reinterpreted as one under Section 15 of the Nationality Act – or vice versa. The Federal Office for Administration fundamentally examines both grounds. Nevertheless, it is worthwhile to classify your own family history according to these categories in order to compile the correct evidence from the outset.
Generational gap — an important exception
Since the reform of the Nationality Act in 2024, a so-called generation cut-off applies: the first generation born abroad after 31 December 1999 can only acquire German citizenship by birth if the birth is reported to the responsible registry office within one year.
For cases of restitution, an express ExceptionDescendants of persons who acquired nationality under Article 116(2) sentence 1 of the Basic Law (Grundgesetz) or Section 15 of the Nationality Act (Staatsangehörigkeitsgesetz) are exempt from generational cuts. The naturalisation of ancestors within the framework of reparation therefore also protects subsequent generations.
Reasons for exclusion according to § 11 StAG
For § 15 StAG and § 5 StAG, certain grounds for exclusion apply. Those convicted of a custodial sentence or youth sentence of two or more years, whether domestically or abroad, or in whom grounds for exclusion according to § 11 StAG exist (e.g. anti-constitutional aspirations), cannot be naturalised. Furthermore, for § 15 StAG, a solemn declaration of commitment to the liberal democratic basic order must be made before the naturalisation certificate is handed over (from the age of 16).
What documents do you need?
The specific proof required will depend on the individual case. In principle, the BVA (Federal Office of Administration) requires documents that prove two things: the ancestor's former German citizenship (or residence in Germany) and the line of descent to the applicant. In practice, these are primarily:
- Birth certificates of the ancestor and all generations down to the applicant
- Marriage certificates (insofar as they are relevant to the line of descent)
- Proof of former German citizenship: German passport, Certificate of Citizenship, residence registration certificates, passport entries, archive certificates
- Proof of persecution: emigration documents, ITS-Arolsen inquiries, restitution files, publication in the Reichsanzeiger
- Proof of acquisition of current nationality (naturalisation certificate of the ancestor in the host country)
- Applicant's valid passport
The BVA has explicitly pointed out that an application is also possible, if not all certificates are available yet. Missing documents are not a reason to refrain from applying, as the BVA will conduct its own investigations with German authorities. English-language certificates generally do not require translation.
Process duration and application submission
The processing time depends significantly on the completeness of the submitted documents. The BVA processes applications in the order they are received. With the current volume of applications, processing times of up to two years or more not unusual. Applications from the „experience generation“ (people who themselves experienced the persecution) are processed preferentially.
The Applications are made by persons abroad via the responsible German mission abroad or directly online via the federal portal. For persons residing in Germany, the local citizenship or immigration authority is responsible, not the BVA.
Practical tip: Complete documentation upon initial submission significantly shortens processing times. Any subsequent request will prolong the procedure by months. If previous family members have already undergone a citizenship procedure at the BVA, please provide the former file number – the BVA can retrieve previous procedural files and utilise documents already on file.
Common mistakes and misunderstandings
- „Article 116 of the German Basic Law applies to all victims of National Socialism.“ No. Article 116 (2) of the Basic Law applies only to formal deprivation. Anyone who has lost their nationality in another way or never possessed it is reliant on Section 15 of the Nationality Act.
- „If my ancestors were Jewish, I am automatically eligible.“ Not necessarily. The crucial point is whether the ancestor actually possessed German citizenship or could have acquired it. Jewish foreigners who never had German citizenship and did not establish residency in Germany may, under certain circumstances, not be covered by any of the regulations.
- „The 2031 deadline applies to all restitution cases.“ No. The deadline of 19 August 2031 only applies to § 5 StAG. Art. 116 (2) GG and § 15 StAG are not subject to time limits.
- „I need my grandfather's renunciation certificate.“ Not necessarily. The BVA also accepts other evidence and conducts its own investigations. Missing documents are not a reason not to submit an application.
- „My application was rejected before – so there's no point trying again.“ Yes. Since the Federal Constitutional Court's decision in 2020 and the entry into force of § 15 StAG in August 2021, the legal situation has fundamentally changed. Previously rejected applicants can submit a new application informally.
Frequently asked questions (FAQ)
Can I apply for German citizenship if my grandfather was Jewish and fled from Germany?
This depends on whether your grandfather held German citizenship at the time of his flight. If so, and it was later revoked by the 11th Ordinance to the Reich Citizenship Law (1941) or by individual expatriation, Article 116 (2) of the Basic Law (GG) applies. If he lost his citizenship through naturalisation in his country of adoption after his flight, Section 15 of the Nationality Act (StAG) No. 1 may be relevant. If he never held German citizenship but had his habitual residence in Germany, Section 15 of the Nationality Act (StAG) No. 4 may apply. In any case: Have the specific case reviewed by a lawyer.
How long does naturalisation by reparation take?
The processing time at the BVA currently ranges from several months to over two years, depending on the completeness of the documents and the volume of applications. Cases from the „experience generation“ are processed preferentially. Complete documents upon initial submission are the most important lever for acceleration. In addition, there are postal delivery times and, if applicable, the processing time of the foreign representation.
How much does restitutionary naturalisation cost?
The naturalisation process under Article 116 (2) of the Basic Law, Section 15 of the Nationality Act and Section 5 of the Nationality Act is free of charge. No administrative fees are incurred. However, costs may arise for obtaining documents (birth and marriage certificates, archive requests), certified translations of non-English documents, and if necessary, legal advice.
Do I need to surrender my other passport?
No. Under all three restitution schemes, the giving up of previous nationality Not required. You can retain your previous nationality, as far as your home country's laws allow this. Furthermore, since 27 June 2024, acquiring a foreign nationality subject to an application no longer results in the loss of German nationality.
My application under Article 116 of the Basic Law was previously rejected. Can I try again?
Yes. If your application was rejected due to the previous narrow interpretation of the term "descendant," you can now submit a new, informal application — referring to the previous file reference — following the Federal Constitutional Court's decision of 20 May 2020. Furthermore, since August 2021, § 15 StAG may open up an alternative claim that did not previously exist.
Can I submit the application online?
Yes. For applicants abroad, the BVA offers the possibility to apply for restitutionary naturalisation online via the federal portal. Documents can also be submitted there, and appeals can be lodged against decisions. Alternatively, the application can be submitted via the responsible German mission abroad.
Does the generational cut-off apply to my children?
If you acquired German nationality under the reparation provisions of Article 116 (2) of the Basic Law (Grundgesetz) or Section 15 of the Nationality Act (Staatsangehörigkeitsgesetz), your descendants are expressly exempt from the generational cut-off. This means that children and grandchildren born abroad after 31 December 1999 can also acquire nationality without a birth notification being required within one year.
I live in Germany, not abroad. Who is responsible for my application?
If you are resident in Germany, it is not the BVA (Federal Office of Administration) that is responsible, but the local citizenship authority — generally the immigration authority, district administration, or city administration. Inquire at the authority in your place of residence. The substantive requirements remain the same, only the jurisdiction differs.
My mother was German, but I didn't receive citizenship at birth. What can I do?
If you were born as a marital child to a German mother and a foreign father after 23 May 1949 and before 1 January 1975, you could not acquire citizenship at birth under the law then in force. § 5 StAG now allows you to acquire it by means of an informal declaration — but only until 19 August 2031. Act in good time.
What should those affected do now?
Have your case individually reviewed. The assignment to the correct basis of claim depends on details of family history: Which nationality did the ancestor possess? When and how was it lost? Was there a formal revocation or later loss through one's own actions? Was the ancestor a German national at all?
Anyone falling under Section 5 of the German Nationality Act should not wait. The deadline is on 19 August 2031 ab. After that, this path is permanently closed.
What MTH Partner can do for you
The application process requires the procurement and classification of historical documents, the correct assignment of the legal basis for the claim, and in some cases, dealing with the Bundesverwaltungsamt (BVA) on matters of interpretation. Particularly with complex family histories – where multiple grounds for loss occur, documentation is incomplete, or a previous application was rejected – legal assistance makes the difference between a successful and a stalled procedure.
Lawyer Helmer Tieben, at the MTH Partner law firm in Cologne, will examine which legal basis is suitable for your case, assist with the compilation of documents and oversee the proceedings with the BVA – for clients from Israel, the USA, Great Britain, South America, Australia and other countries.
