German nationality by descent through great-grandparents: When a claim exists and when it does not

Your great-grandmother was German. Perhaps you have her old passport, perhaps an immigration list, perhaps just a family story about emigrating from Hamburg in the 1920s. And now you're wondering: is that enough to get German citizenship?

The answer isn't yes or no – rather: It depends. And it doesn't depend on whether your great-grandmother was German. That's the start of the test, not the result. What matters is what happened in every single generation between her and you. German citizenship is passed down from parent to child – but only if the chain hasn't been broken at any point.

And here it becomes surprising for many families: Even if the chain is broken at some point, there are new ways to repair it since 2021 and 2024. These ways exist because previous law treated mothers and fathers unequally – and the legislator wants to correct this unequal treatment retroactively.

This article is for general guidance only and does not replace individual legal advice. Whether you are entitled to German citizenship depends on the specific circumstances of your family history. For an assessment of your individual case, please contact an attorney specialising in citizenship law.

How the principle of ancestry works

Germany follows the principle of ius sanguinis – „right of blood“. Unlike, for example, the USA, where birth on American soil establishes citizenship, German law primarily links citizenship to parentage. If one parent was a German national at the time of your birth, you generally are too – regardless of where in the world you were born.

This principle knows no generational limit. If your great-grandmother was German and passed on citizenship to your grandfather, who passed it on to your father, who passed it on to you, then you may already be a German citizen – even if no one in your family has held a German passport for generations.

However, there is one crucial reservation: nationality does not skip a generation. If the chain was broken at any point between your great-grandmother and you, you cannot derive nationality from the earlier ancestor. To assess whether your chain is intact, you must answer three questions at each generational step.

Three questions for each generation level

For each generation between your German ancestor and yourself, the law asks:

1. Was the parent a German citizen at the time of the child's birth? If the parent lost their German citizenship before the child's birth – for example, by naturalisation in another country – the child did not acquire citizenship. The status on the day of birth is the sole deciding factor.
2. Was the child, according to the law in force at the time, entitled to inherit citizenship? Before 1 January 1975, citizenship was passed down through the father only for children born within marriage. If your German ancestor was a woman who married a foreign man, her children born within marriage before 1975 did not usually acquire citizenship. This is the most common reason why claims for great-grandparents fail – and at the same time, the area where the most recent reforms have brought about the most change.
3. Has the child or parent done anything that led to the loss of citizenship before the next generation was born? Voluntary naturalisation in another state was historically the most common reason for loss. Until the reform in 2024, acquiring a foreign citizenship generally led to the automatic loss of German citizenship unless a retention permit had been granted beforehand.

For a great-grandparent claim, you must answer these three questions three times – once for each generational step. This is what fundamentally makes these cases more complex than claims that only go through parents or grandparents.

What this looks like in practice: Three family constellations

Scenario 1: The unbroken male line

Your great-grandfather was born in Germany in 1900. He emigrated to the USA in 1925 but never became an American citizen. Your grandfather was born in New York in 1930 – as his father was still German, he acquired German citizenship by birth. Your grandfather was naturalised in the USA in 1955. However, your father was already born in 1948 – therefore, before his grandfather's naturalisation – and also acquired German citizenship at birth.

Result: You are highly likely a German national. The chain of descent is intact. Your great-grandfather never lost his nationality. Your grandfather was still German at the time of your father's birth. And your father was German at the time of your birth. The fact that your grandfather later became an American citizen does not retroactively change this.

Scenario 2: Naturalisation before the next birth

The same family, but with a change: the great-grandfather became an American citizen in 1928 – two years before your grandfather was born in 1930.

Result: Your grandfather did not acquire German nationality at birth because his father was no longer German at that time. The chain broke at the first generational step. By the regular rules of descent, neither your father nor you can derive nationality from your great-grandfather.

This is the constellation under which most families fail. The great-grandfather was undoubtedly German – born in Germany, German-speaking, German in his self-perception. But legally, nationality ended the moment he adopted another. For everyone born after that, the legal chain stops there.

Scenario 3: The German mother who couldn't pass on her nationality

Your great-grandmother was born in Germany in 1910. She emigrated to the USA and married an American man in 1935. She never became naturalised and remained a German citizen all her life. Your grandmother was born in 1938 – legitimately, to a German mother and a non-German father.

Under the law applicable at the time, nationality was exclusively passed down through the father upon birth within marriage. Although her mother was German, your grandmother did not acquire nationality at birth. The chain is broken – not because anyone renounced citizenship, but because the law treated women and men unequally.

But this is exactly where it gets interesting: The 2021 reform introduced a right of declaration, allowing your grandmother – or you as her descendant – to acquire German citizenship through a simple declaration. This is the regulation § 5 of the Nationality Act, which specifically remedies the consequences of gender-discriminatory laws. And it applies not only to the directly affected child, but to all descendants in the line.

If the German ancestor was a woman: Acquisition of citizenship by declaration under Section 5 of the Nationality Act (StAG)

Many great-grandparent claims can actually be realised here. Before 1975, a married German woman could not pass on her nationality to her children if the father was a foreigner. Before 1st April 1953, it was even more restrictive: a German woman who married a foreigner automatically lost her German nationality.

The affected groups are:

• Children born in wedlock before 1 January 1975 to a German mother and a foreign father. These children did not acquire German nationality at birth, even though they would have acquired it if the parents' roles had been reversed.
• Non-marital children born to a German father and a foreign mother before 1 July 1993. In the case of non-marital birth, citizenship was only passed down through the mother – these children were therefore also excluded.
• Children whose German mother lost her nationality before the birth of the child through marriage to a foreigner before 1 April 1953.
• Descendants of all the above-mentioned groups of people – grandchildren, great-grandchildren and subsequent generations.

If you fall into one of these categories, you can acquire German citizenship by a simple declaration to the Federal Office of Administration (BVA). No language test. No naturalisation test. No obligation to give up your previous citizenship. No residency in Germany required.

The crucial detail: This right of explanation expires on 19 August 2031. After that, it will be permanently extinguished. And because obtaining the necessary birth and marriage certificates – particularly from foreign archives – can take years, the actual deadline is significantly earlier than it initially appears.

If the chain has broken for other reasons: Further paths

Acquisition of citizenship by declaration under Section 5 of the Nationality Act (StAG) covers gender-based unequal treatment. However, there are other reasons why the chain between your great-grandparent and you may be broken. Depending on the cause, different routes are available.

Reasons for interruption and possible remedy

What you need to do: The three-phase approach

If you suspect that a claim might exist through great-grandparents, the procedure takes place in three phases.

Phase 1: Reconstruct the chain

Begin with what you know and work backwards. For each generation between you and your German ancestor, you need to clarify: When and where was the person born? Were the parents married at the time of birth? Which parent was the German one? Did anyone become a naturalised citizen of another country before the birth of the next child?

The documents that support this are: birth certificates (ideally with information on the parents' nationality), marriage certificates, naturalisation certificates (or lack thereof), as well as German identity documents such as old passports, identity cards or nationality certificates.

Phase 2: Identify the correct legal basis

Once you understand the family history, the correct legal route usually becomes clear:

• If the chain of evidence is unbroken, you are presumably already a German national. You can apply for a certificate of nationality or a German passport directly.
• If the chain was broken due to gender discrimination, acquisition of citizenship by declaration under § 5 of the Citizenship Act (StAG) is usually the correct course of action. Your ancestor does not need to make a declaration themselves beforehand – you, as a descendant, can make the declaration directly.
• If the chain was broken by Nazi persecution, Article 116 (2) of the Basic Law or Section 15 of the Citizenship Act. Both are entitlements – not discretionary decisions. No language test, no citizenship test, no fee.
• If the chain was broken by voluntary naturalisation in another state, the only way from abroad remains discretionary naturalisation under § 14 StAG. This requires close ties to Germany, German language skills at B1 level and a naturalisation test. The hurdle is high.

Phase 3: Prepare and submit application

For applicants residing abroad, the Federal Office of Administration (BVA) in Cologne is the competent authority. Applications are submitted either through the German mission abroad in the country of residence or, in certain cases, directly to the BVA.

All documents in a foreign language must be submitted with a certified German translation. The sole exception: English-language documents are generally accepted without translation. Each family member must submit their own application – there is no joint family application. However, if several relatives apply in parallel, they can use the birth records jointly, which significantly reduces the effort.

Five common misconceptions about great-grandparent claims

4. „My great-grandfather was German, so I'm automatically entitled.“ No. The crucial factor is whether citizenship was passed down at each generational level between your great-grandfather and you. Your great-grandfather's citizenship is merely the starting point for the assessment.
5. „Only the directly affected person can make a declaration under Section 5 of the Citizenship Act.“ Incorrect. The right to declare also applies to all descendants. Your grandmother does not have to declare first – as her descendant, you can make the declaration yourself, even if she has already passed away.
6. „My ancestor emigrated before 1904, so he lost his nationality.“ According to the law in force until 1914, Germans who lived abroad for more than ten years without consular registration could automatically lose their nationality. This is a real problem for very early cases of emigration. But it does not apply to everyone – the specific circumstances are crucial.
7. „Dual nationality is not permitted.“ Since June 27, 2024, Germany has permitted multiple nationality without restriction. You no longer need to give up your previous nationality in order to become German. Conversely, acquiring a foreign nationality no longer leads to the loss of your German one.
8. „The procedure is too complicated to do without a lawyer.“ In the case of a simple declaration of acquisition under § 5 StAG with complete documentation, many applicants manage without legal assistance. However, in multi-generational great-grandparent cases – especially when different paths converge, documents are missing, or archives are located in difficult-to-access countries – a specialised lawyer can make the difference between a successful and a failed application.

Why time is running out

If your claim is based on acquisition by declaration under § 5 StAG, the window closes on 19 August 2031. This sounds like a lot of time, but reality is different: obtaining documents from overseas archives often takes one to three years, and processing times at the BVA are measured in months and years, not weeks. Families who start the process in 2030 risk running up against a deadline that cannot be extended.

There is no time limit for claims under Art. 116 (2) of the Basic Law (GG) or Section 15 of the Nationality Act (StAG) (Nazi persecution). However, the clock is ticking for the route via gender discrimination.

How we can help you

Solicitor Helmer Tieben of MTH Partner Law Firm In Cologne, clients worldwide are advised on German nationality by descent – from the initial eligibility check and document strategy to representation before the Federal Office of Administration. Whether your case requires a simple proof of descent, acquisition by declaration under § 5 StAG, or a complex multi-generational reconstruction: the first step is always the same – understanding your specific family history and identifying the correct legal path.