What Is German Citizenship by Declaration?
Since August 2021, German citizenship by declaration under Section 5 StAG has created a new pathway for individuals who were previously unable to acquire German citizenship due to historical gender discrimination in nationality law.
But what does that mean? Declaration before whom? Under what circumstances and what documents do you have to present to the authorities in Germany?
Let us try and shed some light on this new form of acquiring German citizenship. Whilst it may seem straight forward and rather simple, the devil lies in the detail, and we have seen many attempts to make this declaration fail before clients turned to us for help.
If you were born after May 23, 1949 – the date the German Constitution (Grundgesetz) came into force – and you either did not acquire German citizenship at birth or later lost it, you may in certain circumstances be able to (re-)acquire German citizenship by declaration.
Cases of Eligibility Under Section 5 of the German Nationality Act
Subject to being born after May 23, 1949, a person is eligible to naturalise under the new rule if they:
- are a descendant of a German father or mother but did not acquire German citizenship from them at birth; or
- are the child of a mother who had lost her German citizenship by marrying a foreign national prior to the birth of said child (please visit our blog post for further information on this particular subject); or
- were a German citizen but lost said citizenship because the German mother married a foreign national after said person was born (please visit our blog post for further information on this particular subject); or
- are a descendant of a person eligible under any of the categories above.
Section 5 StAG of the German Nationality Act will, however, not apply to a person who had previously acquired German citizenship (for example through naturalisation) but later lost it again (for example through waiver or naturalisation in another country without retention permission), nor to the descendants of that person.
It will further not apply to children of German nationals who were born abroad and fall under the so-called generation cut-off point.
No Criminal Record Requirement
Applications may be denied if the applicant has been sentenced to a term of imprisonment or youth custody of at least two years, even if the sentence was imposed abroad. Orders of preventive detention for serious offenders, or other grounds for exclusion pursuant to Section 11 of the German Nationality Act, may also result in the application being refused.
For this reason, applicants must provide a certificate of good conduct as part of their application.
The Deadline
An application under Section 5 StAG of the German Nationality Act must be submitted by 19 August 2031. At present, there is no indication that this deadline will be extended.
Personal Documents and Forms
If you decide to hire our services, German Citizenship Restoration will guide you through the process by preparing a tailored list of documents you will need to provide. As a general rule, these documents must be originals or certified copies, translated by a certified translator or notary, and will usually require a Hague apostille.
The application forms, as well as the additional information forms, must be completed in German. German Citizenship Restoration can assist with this process based on the information you provide in English. We will then transfer the information and ensure that all data is complete, accurate, and consistent across the application forms of all family members.
We know that all the documents and forms can be daunting. Rest assured that we will make the process as smooth as possible and guide you through it step by step. We will patiently respond to any questions you may have and keep you updated throughout – from the submission of your application until we receive confirmation of its approval.