You were born and raised in Germany. At some point, you emigrated – to Canada, the USA, Australia, Brazil. There, you took on the citizenship of your new country. What you perhaps didn't know at the time: by acquiring foreign citizenship, you lost your German one. Automatically, by operation of law, without you ever having renounced it.
Many only find this out years later. On their next visit to the German embassy. When renewing their passport. Or when their own children ask if they are also German.
- Section 13 of the Nationality Act (StAG) opens up a path back for former Germans: naturalisation from abroad. We explain here what the procedure requires, what it costs, and what it means for your children.
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. This article is for general guidance only and does not replace individual legal advice. Re-naturalisation under § 13 StAG is a discretionary decision with high requirements. Have your case reviewed by a Solicitor for immigration law Check.
Step one: Have you truly lost your German citizenship?
That sounds like a strange question, but it’s a valid one. Not everyone who believes they have lost German citizenship has actually lost it. Before you apply for re-naturalisation, it's worth checking carefully.
No loss occurred if you did not acquire foreign nationality at your own request (e.g. automatic acquisition through birth or marriage), if you had obtained a valid retention permit (Beibehaltungsgenehmigung - BBG) before acquiring it, or if you acquired the nationality of an EU member state or Switzerland (since 2007). If one of these cases applies, you may still be German.
In case of doubt, one can Nationality determination proceedings clarify the situation with the Federal Administrative Office. The BVA will then make a binding decision on whether German citizenship still exists. This is a different procedure than re-naturalisation – and if it is determined that you are still German, you will not need a § 13 application.
How is German nationality lost?
The most common case: Acquisition of foreign nationality (§ 25 StAG)
Since 1 January 2000, the rule was: any German national who, upon reaching adulthood, acquired a foreign nationality at their own request, lost their German nationality. Automatically, at the moment of acquisition. Unless they had applied for and received a retention permit beforehand. Not just having applied for - actually having the permit in their possession. That was the trap many fell into.
Even before the year 2000, acquiring a foreign nationality could lead to the loss of German nationality — the regulations were, however, structured differently and more complicated in detail. Anyone who suspects they lost their nationality before 2000 should have the circumstances checked particularly carefully.
This automatic loss has been abolished since 27 June 2024. The Citizenship Modernisation Act has amended Section 25 of the Citizenship Act (StAG) such that acquiring a foreign nationality no longer affects German nationality. However: This change does not apply retrospectively. Anyone who lost their German citizenship before 27 June 2024, has lost it. The new regulation changes nothing about that. § 13 StAG is then the way back.
Further reasons for loss
Rare, but relevant: German women who married a foreigner before 1953 lost their nationality through marriage. Anyone who voluntarily joined the armed forces of a foreign state of which they were a national lost their nationality under § 28 of the Nationality Act (StAG) (exceptions for EU, NATO and certain other states since 2011). And anyone who has expressly renounced German nationality (§ 18 StAG) has also lost it. For these groups of people too, § 13 StAG can be a way back.
§ 13 StAG regulates the legal status of a foreigner who is a member of a German ethnic group and who has been granted the right to be resettled in Germany. The law does not regulate the following: * The conditions for a foreigner to be considered a member of a German ethnic group. * The number of ethnic Germans who may be resettled in Germany. * The financial support that ethnic Germans will receive. * The legal status of ethnic Germans after they have been resettled in Germany.
The wording is brief: A former German national and their minor children, who are normally resident abroad, may be naturalised upon application if their identity and nationality have been clarified and they meet the requirements of Section 8(1) Numbers 1 and 2.
Noticeable is what here not It states. The law only requires: clarified identity, legal capacity (adulthood or legal representation) and no criminal convictions. Neither language skills, nor financial capacity nor ties to Germany are mentioned in the legal text.
However, this does not mean that these things would be irrelevant. „Can be naturalised“ means: The BVA permission, but it does not have to. It is a discretionary decision. And this discretion is filled by the Federal Administrative Office's administrative practice with additional requirements that go far beyond the wording of the law. Anyone who only reads the paragraph will underestimate the application. Anyone who knows the administrative practice of the BVA knows what is important.
What the BVA actually requires
Public interest. The BVA will examine whether it is „advantageous for Germany to naturalise you exceptionally, despite your residence abroad.“ Purely private motives are not sufficient - neither inheritance matters nor sentimental attachment. A particularly strong indication: Would a retention permit have been granted if the application had been submitted in time? If the prerequisites for a BBG were met at the time and the ties to Germany continue to this day, this clearly argues for re-naturalisation.
Close ties to Germany in multiple respects. The same criterion as for § 14 StAGregular contact with relatives in Germany, regular visits, property ownership, professional or business connections, cultural engagement. However, it is easier for former Germans who grew up in Germany to provide this proof than for § 14 applicants who were never German. Someone who lived in Düsseldorf for 20 years and visits their parents every Christmas has a different starting point than someone who only knows Germany by hearsay.
Affordability. You must be able to support your livelihood in the country of residence without state assistance, including health insurance and old-age pension. In individual cases, the BVA may waive this requirement under § 8(2) of the Nationality Act (StAG), for example, for pensioners with low incomes or in cases of proven disability.
German language skills at B1 level. Verbally and in writing. A German school-leaving certificate or a vocational qualification completed in Germany is recognised. For former Germans who emigrated as adults, this is rarely a problem. For someone who left Germany at the age of three and has not spoken German since, it can be the biggest hurdle. Here too, § 8 Paragraph 2 StAG can apply in special hardship cases.
Citizenship test. Unless you grew up in Germany, the BVA may require proof of knowledge of the legal and social order. The test is taken at the foreign mission.
Commitment to the free and democratic basic order. Since the Reform 2024 Stricter wording: Actions motivated by racism, antisemitism, or contempt for human beings preclude naturalisation (§ 11 Sentence 1 No. 1 StAG).
Special case: Former Germans in the EU, EEA or Switzerland
The BVA distinguishes in its guidance notes between former Germans living in a state outside the EU and those living in an EU/EEA member state or Switzerland. For the latter, there is a separate guidance note with potentially differing discretionary criteria. Someone, for example, who was born German and lives in France, having acquired French nationality there (which since 2007 no longer results in loss of nationality), is in a different situation than someone in Canada. If you live in the EU or Switzerland, it is worthwhile to request the specific BVA guidance note for your case.
The question everyone is asking: What about my children?
This is usually the point where the conversation gets emotional. The answer depends on when your children were born – and how they acquired their foreign nationality.
Children born after the loss of German citizenship
Here is the harsh answer: These children are not German. If you lost German citizenship before the birth of your child, you could not pass it on – the chain of descent is broken. For these children, § 13 StAG does not apply (which requires that one former German is), but rather, if necessary, Naturalisation according to § 14 StAG — with higher requirements and a different procedure.
A specific example: You were born in Hamburg in 1972, emigrated to Canada in 1998, and became a Canadian citizen in 2006. Your daughter was born in Toronto in 2008. At the time of her birth, you were no longer German – your daughter did not acquire German citizenship. You can be naturalised again under § 13 StAG, but your daughter cannot. § 14 would be applicable for her.
Minor children born before the loss
- Section 13 of the Nationality Act expressly provides that minor children of former Germans can be re-naturalised together with the parent (co-naturalisation). They do not need to fulfil the requirements independently. Children under 16 years of age require the signature of all persons with parental responsibility. From the age of 16, they submit their own application. The fee is 51 Euros per child.
Children who were automatically naturalised upon the naturalisation of a parent abroad
This is where it gets legally interesting. § 25 StAG required the acquisition of foreign nationality „upon application“. If your minor child was automatically naturalised along with you when you were naturalised abroad – without a separate application being made for the child (so-called extended acquisition) – then in some circumstances there may be no ground for loss. The child could still be German without knowing it.
This is not a theoretical edge case. In the USA, Canada, and Australia, minor children are often automatically naturalised when a parent is naturalised. Whether this qualifies as „acquisition by application“ within the meaning of Section 25 of the Nationality Act (StAG) in individual cases depends on the foreign law and the specific circumstances. If there are doubts, a nationality determination procedure should be carried out before re-naturalisation – it might turn out that the child is still German and does not need a naturalisation application at all.
Important: Section 13 of the Nationality Act (StAG) requires a stay abroad
A point that the BVA specifically highlights on its website: § 13 StAG only applies to persons who have their habitual residence abroad. If you have already returned to Germany and live there, § 13 is not applicable. In this case, you must apply for discretionary naturalisation under § 8 StAG with the locally responsible naturalisation authority (city or district administration) – not with the BVA. The requirements are partly different, and responsibility lies with a different authority. Moving to Germany during an ongoing § 13 procedure with the BVA can lead to the BVA relinquishing responsibility.
Multiple nationality from 2024
From 27 June 2024, dual nationality will generally be accepted for all naturalisations. You will not have to give up your current nationality to be naturalised again. For many former Germans, this was precisely the reason for years why they did not apply – they did not want to risk their Canadian, American, or Australian citizenship. This obstacle no longer exists.
However, please note that whether your country of residence permits dual nationality is governed by its own laws. The BVA cannot provide information on this.
§ 13 vs. § 14 StAG: The Difference
| § 13 StAG (Re-acquisition of nationality) | § 14 StAG First naturalisation | |
| For whom? | Former German | People who were never German |
| Statutory minimum requirements | Identity + § 8 para. 1 nos. 1 and 2 (legal capacity, impunity) | The whole of Section 8 (all conditions) |
| BVA Benefit Assessment Criteria | Public interest, ties, B1, maintenance, naturalisation test | Public interest, ties, B1, maintenance, naturalisation test |
| Naturalisation of children | Expressly provided for in the text of the law | About management practice |
| Central discretion point | Would a BBG have been issued? | Do the bonds serve a German interest? |
Those who have never possessed German nationality cannot rely on § 13. Those who have possessed and lost it do not need § 14.
Who has a good chance?
A specific case, as is typical: You were born in Munich in 1975, completed your Abitur there and studied mechanical engineering. In 2001, you moved to Houston for a job. In 2008, you accepted US citizenship — without BBG because you weren’t aware of the regulation. Your parents still live in Munich. You visit them every year. You own a rented condominium in Schwabing. You speak German fluently. This is a § 13 case with very good prospects.
It becomes more difficult when contact with Germany has been broken off for decades, no German is spoken anymore, and there are no family, economic, or cultural ties. In such cases, the BVA will deny the public interest in re-naturalisation – and this decision is difficult to contest.
Process: From Application to Certificate
The procedure is conducted entirely through the German mission abroad. Travel to Germany is not required.
- Application form In person at the responsible German embassy or consulate general. Use the BVA application forms – others will not be accepted. Sending the application directly to the BVA will cause delays because the embassy has to be involved anyway.
- Examination by the BVA: The embassy will forward the application to the Federal Administrative Office in Cologne with its own statement. Expect follow-up questions and requests for further documentation. Check your email regularly, including your spam folder.
- Naturalisation test: Carried out at the foreign mission if required. Fee: 25 Euros.
- Certificate of naturalisation Upon a positive decision, you will receive the certificate at the embassy after you have taken the solemn oath and paid the fee. Naturalisation only becomes effective upon handover (§ 16, Sentence 1 of the StAG). Keep the certificate safe permanently – no duplicate will be issued if lost.
As a rule, the procedure takes several months to over a year. Incomplete documentation is the most common reason for delays. Foreign documents generally need to be accompanied by an apostille and translated into German by a sworn translator. Clarify with the embassy in advance which form of certification is accepted.
Costs
The naturalisation fee is €255 per person (§ 38(2) StAG), €51 for minor children being naturalised concurrently. A fee will also be charged if the application is rejected. Please only pay after express instruction from the BVA. Transfers from a German bank account are recommended; credit cards and online payment services are not accepted.
Additional costs may apply: translations, apostilles, naturalisation test (€25), and legal advice if required.
If the application is rejected
You can appeal against the rejection notice. If this is unsuccessful, you can take legal action before the Administrative Court of Cologne. The Administrative Court of Cologne has jurisdiction because the BVA is based there.
However, in discretionary decisions, the court only checks whether the BVA has exercised its discretion correctly – not whether it would have made the same decision. If the BVA has provided a factually comprehensible justification as to why the ties are insufficient, a court will rarely correct this. Therefore, the quality of the application is entscheidend. Legal representation is not only worthwhile in the appeals procedure, but already during the application process – that’s where the decision is made.
Frequently asked questions (FAQ)
Can I regain German citizenship even though I lost it through naturalisation abroad?
Yes, concerning § 13 StAG. Prerequisites: close ties to Germany and public interest. Particularly good chances if a BBG had been granted at the time. Discretionary decision, no legal entitlement.
How much does that cost?
€255 per person, €51 per child. A fee will also be charged for refusal. Additionally: translations, apostilles, tests, and potential legal fees.
Are my children born after the loss German?
No. If you were no longer German at the time of birth, you could not pass on citizenship. For these children, if applicable § 14 StAG Consideration.
My child was automatically naturalised with me during my naturalisation process. Have they lost their German citizenship?
Not necessarily. Section 25 of the Nationality Act (StAG) required acquisition „upon application“. In cases of automatic extension of citizenship, German nationality can subsist. This should be checked through a declaration of citizenship procedure.
Does the abolition of Section 25 have retroactive effect?
No. Losses prior to 27 June 2024 will remain. Section 13 of the German Nationality Act (StAG) is the way back.
I am living in Germany again. Can I still use § 13?
No. § 13 of the Nationality Act (StAG) requires a period of residence abroad. Those living in Germany must apply for discretionary naturalisation under § 8 of the Nationality Act (StAG) with the local naturalisation authority.
Could I perhaps still be German without knowing it?
Possible. If the foreign nationality was not acquired voluntarily, a valid BBG was in place, or it was acquired in the EU/Switzerland, German nationality may continue to exist. A determination procedure at the BVA will clarify this conclusively.
What happens if you are rejected?
Objection, followed by legal action before the Administrative Court of Cologne. Standard of review: error of discretion. Therefore, a convincing application from the outset is crucial.
Reclaiming your citizenship
The loss of German citizenship only affects some people with a delay – when they realise what it concretely means: no more German passport, no voting rights, no automatic transmission to their own children. § 13 StAG offers a way back. It requires that the connection to Germany is more than a memory – that it is demonstrated in concrete ties that still exist today.
If you wish to ascertain whether naturalisation has prospects of success in your case, please seek advice. Call us on 0221 - 80187670 or write to info@mth-partner.de.
Solicitors in Cologne – Advice and Representation in Asylum and nationality law
