\nThe acquisition of a declaration in accordance with \u00a7 5 StAG has existed since 20.08.2021<\/strong>.<\/p>\n<\/li>\n\nOnly persons who after 23 May 1949<\/strong> were born.<\/p>\n<\/li>\n\nThere are four case groups<\/strong>(1) Child of a German parent without acquisition by birth, (2) Child of a mother with loss of marriage before birth, (3) Loss through legitimisation, (4) Descendants.<\/p>\n<\/li>\n\nSeveral key dates are relevant, in particular 01.04.1953<\/strong>, 01.01.1975<\/strong>, 01.07.1993<\/strong>.<\/p>\n<\/li>\n\nThe declaration must be submitted no later than until 19.08.2031<\/strong> effectively received (the decisive factor is the Entrance<\/strong>).<\/p>\n<\/li>\n\nFor persons with their habitual residence abroad, the Federal Office of Administration (BVA)<\/strong> responsible.<\/p>\n<\/li>\n\nYou acquire citizenship upon receipt of the declaration<\/strong> with the competent authority (not only when the certificate is issued).<\/p>\n<\/li>\n\nThere are Reasons for exclusion<\/strong>, including serious criminal offences, extremist activities and certain cases of subsequent acquisition\/loss.<\/p>\n<\/li>\n\n\u00a7 5 StAG is No naturalisation \u201eas usual\u201c<\/strong>, but a special way of making amends.<\/p>\n<\/li>\n\nMultiple nationality is generally not permitted in the case of permissible<\/strong>; Whether your other nationality is affected is decided by the law of your home country.<\/p>\n<\/li>\n\nSince 27.06.2024<\/strong> In principle, multiple nationality is also accepted for regular naturalisation in Germany; in addition, the former retention permit has been abolished.<\/p>\n<\/li>\n\nSince 30.10.2025<\/strong> There is no longer any \u201eturbo naturalisation\u201c after three years; naturalisation as an entitlement generally requires at least five years<\/strong> ahead.<\/p>\n<\/li>\n<\/ul>\n<\/span>1) What does \u201eacquisition of declaration\u201c according to \u00a7 5 StAG mean?<\/span><\/h2>\nThe acquisition of citizenship by declaration in accordance with Section 5 StAG is a special legal approach that corrects a previous legal situation that is now regarded as unequal and discriminatory. For decades, nationality law treated certain family constellations differently - in particular depending on whether the German parent is the mother or the father<\/strong> was and whether the child marital or non-marital<\/strong> was born.<\/p>\n\u00a7 Section 5 StAG is intended to give these affected persons (and their descendants) the opportunity, without integration test<\/strong> and without residence in Germany<\/strong> acquire German citizenship - simply by making a declaration to the competent authority if the legal requirements are met.<\/p>\nImportant: The acquisition of a declaration is not an \u201eautomatic\u201c cure. It is a Active procedure<\/strong>, which requires proper documentation.<\/p>\n<\/span>2) For whom is \u00a7 5 StAG particularly relevant - and why abroad?<\/span><\/h2>\n\u00a7 In practice, Section 5 StAG very often affects families who have been living abroad for decades - for example in the USA<\/strong> or Israel<\/strong> - and where German ancestors are present, but an acquisition by birth was legally excluded in the past.<\/p>\nTypical starting positions abroad:<\/p>\n
\n- \n
Emigration after 1945, marriages with foreign spouses<\/p>\n<\/li>\n
- \n
illegitimate births with a German father (before the cut-off date of 1 July 1993)<\/p>\n<\/li>\n
- \n
Families with a German mother and foreign father with children born before 1975<\/p>\n<\/li>\n
- \n
Unclear or incomplete documents, name changes (USA), different document and register systems<\/p>\n<\/li>\n<\/ul>\n
Precisely because documents are often missing abroad or legal issues are passed down \u201ethrough generations\u201c, Section 5 of the German Citizenship Act is often the decisive key.<\/p>\n
<\/span>3) The four case groups of \u00a7 5 StAG - understandable and verifiable<\/span><\/h2>\nEssentially, Section 5 StAG asks: Do you belong to a legally favoured group and can you prove this?<\/strong><\/p>\n<\/span>Case group 1: Child of a German parent - but no acquisition by birth<\/span><\/h3>\nYou are a beneficiary if you are the child of a German parent, but German citizenship was not recognised under the law of the time. not<\/strong> could acquire by birth.<\/p>\nPractically especially often:<\/p>\n
\n- \n
Marital birth before 01.01.1975<\/strong>German mother + foreign father<\/p>\n<\/li>\n- \n
Non-marital birth before 01.07.1993<\/strong>German father + foreign mother<\/p>\n<\/li>\n<\/ul>\nMnemonic:<\/strong> In the past, the mother could not \u201ebequeath\u201c in certain constellations, and the father could often not \u201ebequeath\u201c in the case of illegitimate births. \u00a7 Section 5 StAG now compensates for this.<\/p>\n<\/span>Case group 2: Mother lost German citizenship before birth through marriage (until 1 April 1953)<\/span><\/h3>\nYou are a beneficiary if your mother has lost her German citizenship. before your birth<\/strong> solely through marriage to a foreigner - during the period in which this result was provided for by law (cut-off date 01.04.1953<\/strong>).<\/p>\nThis typically concerns the generation of the early 1950s: marriage abroad, loss of citizenship by law, later birth of the child abroad.<\/p>\n
<\/span>Case group 3: Loss through legitimisation (until 01.04.1953)<\/span><\/h3>\nThis case group is rare but important: it concerns people who German at birth<\/strong> but lost their German citizenship because the German mother married the foreign father after the birth and thus became legally legitimised (according to the legal situation at the time).<\/p>\nImportant in practice: Not every case of a subsequent marriage of the parents automatically leads to a loss. The exact legal assessment depends on historical norms and the specific effectiveness of the legitimisation. These cases should be reconstructed very carefully.<\/p>\n
<\/span>Case group 4: Descendants (children, grandchildren, great-grandchildren) of case groups 1-3<\/span><\/h3>\nYou are also a beneficiary if you are a descendant of a person who falls under case groups 1 to 3.<\/p>\n
One major advantage is that the ancestor does not have to have made the declaration themselves. Even if the parent or grandparent concerned is already deceased, the descendant may be entitled - the line of descent and the allocation to the case groups are decisive.<\/p>\n
<\/span>4) The most important key dates - as a clear watch list<\/span><\/h2>\nThis data is essential for a quick preliminary check:<\/p>\n
\n- \n
23.05.1949<\/strong>: Only those who to<\/strong> born on this date is generally eligible.<\/p>\n<\/li>\n- \n
01.04.1953<\/strong>Key date for case groups 2 and 3 (loss of marriage\/legitimisation).<\/p>\n<\/li>\n- \n
01.01.1975<\/strong>Key date for acquiring the birth certificate via the mother in the case of marital birth.<\/p>\n<\/li>\n- \n
01.07.1993<\/strong>Key date for acquiring the birth certificate via the father in the case of a non-marital birth.<\/p>\n<\/li>\n- \n
20.08.2021<\/strong>Start of the ten-year declaration period.<\/p>\n<\/li>\n- \n
19.08.2031<\/strong>Latest deadline - declarations received after this date are invalid.<\/p>\n<\/li>\n<\/ul>\nPractical note:<\/strong> The decisive factor for the deadline is not when you start or when you sign at the consulate, but when the declaration is effectively received by the competent authority.<\/p>\n<\/span>5) Reasons for exclusion: When does \u00a7 5 StAG fail?<\/span><\/h2>\nEven if \u00a7 5 StAG opens up a clear legal entitlement, the acquisition is not limitless. Typical areas of exclusion or problems are<\/p>\n
<\/span>1) Serious offences \/ security reasons<\/span><\/h3>\nAnyone who has been sentenced to significant custodial or juvenile sentences or for whom there are special reasons for exclusion under security law may be excluded. An official examination is carried out in this case.<\/p>\n
<\/span>2) Interim acquisition and subsequent loss of German citizenship<\/span><\/h3>\n\u00a7 Section 5 StAG is intended to correct historical discrimination, but not to \u201eundo\u201c later, independent decisions to lose citizenship. Anyone who has subsequently acquired German citizenship by other means and then lost it again may be excluded under the statutory provisions - in some cases also with effects on descendants, depending on the time of birth.<\/p>\n
<\/span>3) \u201eGeneration cut\u201c for children born abroad<\/span><\/h3>\nIn the case of certain generations born abroad, there may be constellations in which Section 5 StAG cannot be used to \u201ereplace\u201c missed deadline notifications. These cases are rare, but should be carefully examined in family chains with births after 2000.<\/p>\n
<\/span>6) Jurisdiction and procedure for clients abroad (USA, Israel, worldwide)<\/span><\/h2>\nPeople who live abroad usually ask themselves this question first: Where do I submit the declaration - and who decides?<\/strong><\/p>\n<\/span>Responsibility<\/span><\/h3>\nIn the case of habitual residence abroad, the Federal Office of Administration (BVA)<\/strong> responsible. In many cases, the German mission abroad (embassy\/consulate) can assist with the submission or accept documents.<\/p>\n<\/span>Step-by-step procedure<\/span><\/h3>\n\n- \n
Preliminary examination of the case group<\/strong> (1-4) based on your family constellation<\/p>\n<\/li>\n- \n
Document collection<\/strong> (identity, parentage, marital status, proof of nationality)<\/p>\n<\/li>\n- \n
Filling out the declaration forms<\/strong> (if applicable with attachments to ancestors)<\/p>\n<\/li>\n- \n
Submission<\/strong> (via foreign representation or directly, depending on the case)<\/p>\n<\/li>\n- \n
Official inspection<\/strong> (evidence, plausibility, queries if necessary)<\/p>\n<\/li>\n- \n
Time of acquisition<\/strong>upon receipt of the declaration by the competent authority, provided that all requirements are met<\/p>\n<\/li>\n- \n
Certificate<\/strong> as proof (please keep permanently)<\/p>\n<\/li>\n<\/ol>\nPractical note on the deadline:<\/strong> Anyone working close to the deadline should plan the logistics in such a way that timely receipt is ensured.<\/p>\n<\/span>7) Documents: What you typically need (foreign cases)<\/span><\/h2>\n\u00a7 Section 5 StAG is a verification procedure. Many cases do not fail because of the law, but because of missing documents. Working in four document blocks has proved successful:<\/p>\n
<\/span>A) Identity and current marital status<\/span><\/h3>\n\n- \n
Passport\/ID (copy)<\/p>\n<\/li>\n
- \n
Birth certificate (preferably a complete\/long-format copy)<\/p>\n<\/li>\n
- \n
Marriage certificate, divorce decree, proof of change of name, if applicable<\/p>\n<\/li>\n<\/ul>\n
USA practice:<\/strong> Name changes often occur on marriage or in the context of naturalisation; these must be documented consistently.<\/p>\n<\/span>B) Proof of German parent or German ancestors<\/span><\/h3>\n\n- \n
German passport\/identity card (also historical)<\/p>\n<\/li>\n
- \n
German birth certificates \/ register extracts<\/p>\n<\/li>\n
- \n
old registration certificates, proof of nationality\/citizenship, proof of citizenship if applicable<\/p>\n<\/li>\n<\/ul>\n
Important:<\/strong> \u201eBorn in Germany\u201c is not proof of citizenship. The decisive factor is the legal nationality.<\/p>\n<\/span>C) Proof of the constellation giving rise to the claim (case groups 1-3)<\/span><\/h3>\n\n- \n
Proof of marital\/non-marital birth (birth certificate, recognition of paternity if applicable, court judgement)<\/p>\n<\/li>\n
- \n
Marriage certificates (especially for case groups 2 and 3)<\/p>\n<\/li>\n
- \n
Proof of legitimisation and its effectiveness, if applicable<\/p>\n<\/li>\n<\/ul>\n
<\/span>D) Extracts from criminal records (if requested or required)<\/span><\/h3>\nIn foreign cases, a nationally valid criminal record extract is often required. For persons living in the USA, nationwide information is regularly required in practice (not just national extracts).<\/p>\n
<\/span>8) Multiple nationality: What really applies in January 2026?<\/span><\/h2>\n<\/span>A) In the case of acquisition of a declaration according to \u00a7 5 StAG<\/span><\/h3>\nThe acquisition of the declaration generally requires No task<\/strong> your previous nationality. Whether you retain your current nationality depends on the law of the country in question.<\/p>\n\n- \n
USA:<\/strong> Multiple citizenship is practically possible; an automatic loss of US citizenship through the acquisition of an additional citizenship does not generally occur for this reason alone.<\/p>\n<\/li>\n- \n
Israel:<\/strong> Multiple nationality is also possible in principle.<\/p>\n<\/li>\n<\/ul>\nImportant:<\/strong> German law is only one side of the coin here. The other side is governed solely by the law of your home country.<\/p>\n<\/span>B) Differentiation from naturalisation: multiple nationality in principle since 2024<\/span><\/h3>\nIn the past, when applying for naturalisation in Germany, you often had to expect that you would have to give up your previous citizenship or that complicated exceptions would be necessary. This basic assumption no longer applies since the 2024 reform: multiple nationalities are accepted in principle.<\/p>\n
<\/span>C) Discontinuation of the retention licence since 2024<\/span><\/h3>\nSince 2024, the previous retention authorisation has also been abolished as a rule. This is relevant for people who, as Germans abroad, wish to acquire another nationality on application without losing their German nationality.<\/p>\n
<\/span>9) Differentiation: Section 5 StAG vs. determination of nationality vs. other special procedures<\/span><\/h2>\nMany clients abroad confuse three completely different procedures:<\/p>\n
<\/span>1) \u00a7 5 StAG (acquisition of declaration)<\/span><\/h3>\n