NEW: Restitution of German Citizenship pursuant to Section 15 of the German Nationality Act

It’s been a long time coming but the Federal Office of Administration has finally issued the naturalization regulations for those with ancestors living in Germany who experienced Nazi persecution 1933 – 1945 but didn’t meet the eligibility requirements to restore citizenship according to Article 116 II GG.

This refers mainly to descendants of:

• a formerly German female ancestor who lost her German citizenship because she married a non-German citizen due to Nazi persecution
• a formerly German ancestor that fled Nazi persecution and naturalized in another country before the Germans could officially strip him of his German citizenship
• an ancestor who was excluded from naturalization in the protectorate of Bohemia and Moravia or the Sudetenland
• an ancestor who, due to Nazi persecution gave up or lost their ordinary place of residence in Germany, on the condition the residence was established by the ancestor and/or their parents prior to January 30, 1933.

How does this work?

The proceedings are rather similar to those under Article 116 II GG, the applicant has to prove that:

• an ancestor meets the requirements of the law now granting restitution of citizenship
• he/she is a descendant of said ancestor in direct family lineage
• he/she is of good character

What documentation is required from the applicant?

• The paperwork that needs to be provided is comparable to applications under Article 116 II GG, namely proof of former German citizenship and loss thereof, or (and this is new and much simpler!) – evidence of a former German residence that had to be surrendered due to persecution.
• Where an applicant does not hold the required documentation, GCR offers research services within Germany itself. As you only need to prove former residence in Germany, chances of finding documental evidence are ultimately much higher than in Article 116 II cases.
• In addition, applicants will also have to provide a certificate of good conduct/police clearance certificate showing no criminal record. The certificate must relate to the whole country of residence (i.e. not be limited to states, provinces etc.) and cannot be older than 6 months when filing the petition.

The German authority will also conduct research in Germany, as possessing no criminal record within Germany is another requirement for the petition to be granted.

What else is required from the applicant?

First and foremost, under the German law the applicant is NOT REQUIRED to relinquish any existing citizenship/s. Whether naturalization in Germany will lead to loss of citizenship elsewhere is dependent on the law of the state whose citizenship the applicant already possesses.

Currently, the UK, the USA and Australia, allow for dual citizenship. Whether this will change or whether this applies to other specific countries should be determined by the applicant prior to engaging GCR.

Once a petition is granted and before the naturalization certificate is handed over, an applicant aged 16 or older is required to pledge allegiance to Germany’s free and democratic system and make a declaration of loyalty.

How are the documents to be provided?

The Federal Office of Administration requests that all documents be provided as notarized copies. Where the documents are drafted in a foreign language, a certified translation must be provided for any document that is not a standard certificate and all birth, marriage and divorce certificates must be provided together with an apostille according to the relevant Hague Convention.

GCR are happy to provide all our clients with very clear and specific instructions regarding sourcing these documents and the required apostilles and translation and we have already had confirmation from the Federal Office of Administration enabling Alexandra, who is a notary in Israel, to provide in house notarized translations, if and where required.

Once we receive more information, this entry will be updated accordingly.

For now, we are confident that this amendment to the law will enable many previously excluded candidates to reclaim the German citizenship taken from their ancestors.

GCR offers a free initial consultation without obligation, if you’d like to discuss your case contact us – info@germanpassport.co.uk / +44-20-8066 9900