Recognition of German Nationality by Descent

Recognition of German Nationality by Descent

Under Article 116 of the Basic Law of Germany, German nationality is granted by descent to individuals:

1. Who lived in the territory of the Reich since December 31, 1937.
2. Who were deprived of their citizenship for political, racial, or religious reasons before February 26, 1955, due to measures related to persecutions occurring between January 30, 1933, and May 8, 1945.

Based on this provision, descendants may claim the right to be recognized as German nationals, provided they meet certain requirements and understanding that the final decision will depend on the discretion of the administrative authorities.

German Nationality by Descent

The path to claim this right will vary based on the requirements for its recognition, as follows:

• By simple declaration: Only requires the collection of relevant documents.
• By naturalization: Requires collecting the relevant documents and, additionally, demonstrating a B1 level (at least) in the German language, frequent travel to or residence in Germany, other connections to Germany (such as studies, family, or cultural ties), and sufficient financial capacity to support oneself and dependents.

The applicable path is not determined by the applicant's preference but by meeting certain conditions related to their blood right, as follows:

1. If the German ancestor is the father, who had the child (the applicant) while unmarried between 1949 and 1993, the declaration path can be taken.
2. If the German ancestor is the father and the applicant was born while the father was married, the declaration path can be taken regardless of the year of birth.
3. If the German ancestor is the father, who had the child (the applicant) while unmarried after 1993, the naturalization path must be taken.
4. If the German ancestor is the mother, who had the child (the applicant) while married after 1949, the declaration path can be taken.
5. If the German ancestor is the mother, who had the child (the applicant) while unmarried, the naturalization path must be taken, regardless of the year of birth.
6. If the applicant's mother gave birth before 1949, whether she was German or had unconfirmed German nationality rights, the applicant must take the naturalization path.
7. If the German ancestor is the applicant’s mother, who married a foreigner after the applicant's birth.
8. If the German ancestor is a grandparent who had the child (parent of the applicant) while married abroad and never applied for citizenship, the applicant born after 1949 may take the declaration path, provided the parent’s right is proven.

By Naturalization

Requirements:

• Right to indefinite residence.
• Proof of sufficient financial capacity to support oneself and dependents.
• Renunciation or loss of previous nationality, or proof that renouncing it would be especially difficult or detrimental.
• Certificate of absence of criminal records.
• German language certificate at B1 level.

By Declaration

Requirements:

• The German parent was not born abroad after December 31, 1999, and has permanent residence abroad, unless the applicant is a minor and would become stateless if denied German nationality.
• No convictions to more than two years of imprisonment or juvenile detention for one or more intentional offenses, nor preventive detention ordered in the latest preventive sentence.
• Neither the applicant nor their ancestors abandoned or lost German nationality by descent after May 8, 1945.

Required Documentation

For the applicant:

1. Birth certificate.
2. Current identity document.
3. Other civil status certificates.
4. Birth and marriage certificates proving family connection to the German ancestor.

For the German ancestor:

1. Birth certificate.
2. Current (or last) identity document.
3. Death certificate (if applicable).
4. Proof of German citizenship, which may be demonstrated with:
   • Old German identity documents.
   • Pre-1945 deregistration certificates.
   • Old Heimatschein.
5. Proof of name change (if applicable).
6. Proof of acquisition of foreign nationality (if applicable).

Application

Applications can be made from abroad by sending the relevant form along with the complete file and the respective family tree by mail to the local German mission or directly to the Federal Office of Administration in Cologne.

Duration

Depending on the complexity of the file and the workload of the Federal Office of Administration, the German nationality by descent process may take between 1 and 3 years.

Citizenship by Persecution

Requirements

• The descendant who lost nationality due to persecution has not re-established residence in Germany after May 8, 1945, or expressed their intent not to regain nationality.
• No convictions to more than two years of imprisonment or juvenile detention for one or more intentional offenses, nor preventive detention ordered in the latest preventive sentence.
• Neither the applicant nor their ancestors abandoned or lost German nationality after May 8, 1945.

Required Documentation

For the applicant:

1. Birth certificate.
2. Current identity document.
3. Other civil status certificates.
4. Birth and marriage certificates proving family connection to the persecuted ancestor.

For the German ancestor:

1. Birth certificate.
2. Current (or last) identity document.
3. Death certificate (if applicable).
4. Proof of German citizenship, which may be demonstrated with:
   • Old German identity documents.
   • Pre-1945 deregistration certificates.
   • Old Heimatschein.
5. Evidence of persecution, such as:
   • Religious affiliation listed in birth or marriage certificates (for the applicant or their parents).
   • Notes in passports or other official documents.
   • Receipt of compensation payments under the Federal Compensation Law.
6. Proof of name change (if applicable).
7. Proof of acquisition of foreign nationality (if applicable).

Application

Applications can be made from abroad by sending the relevant form along with the complete file and the respective family tree by mail to the local German mission or directly to the Federal Office of Administration in Cologne.

Duration

Depending on the complexity of the file and the workload of the Federal Office of Administration, this process may take between 1 and 3 years.