Expanded Criteria for German Citizenship Eligibility Under Article 116 II GG
Following a series of unsuccessful attempts by German authorities to simplify the naturalisation process for descendants of German Jewish mothers, a landmark legal case has now significantly expanded the criteria for German citizenship eligibility. A non-German resident successfully challenged the decision in court – and ultimately won.
The details of the case are complex. A descendant of a German Jewish father, born out of wedlock, applied for naturalisation under Article 116 II GG but was denied. It was ruled that, although the applicant’s father had lost his German citizenship due to Nazi persecution, his parents were unmarried at the time of his birth.
The applicant refused to accept the German authority’s decision and formally objected, presenting legal grounds as to why the ruling was unlawful. When the authority declined to reverse its decision, the case was taken to the Administrative Court, where the applicant lost. An appeal to the Higher Administrative Court was also unsuccessful. Finally, as a last resort, the case was brought before the Federal Constitutional Court where justice was finally served.
After seven years of perseverance, resilience and considerable legal fees, all previous decisions were overturned. It was further ruled that the refusal to naturalise children born to German Jewish fathers out of wedlock, as well as those born to German Jewish mothers who married foreigners, was unconstitutional.
This is a landmark decision that is now final and binding.
In response, the Bundesverwaltungsamt in Cologne has issued the following statement:
Important notice regarding the decision of the Federal Constitutional Court dated 20.05.2020 regarding descendants of German victims of NS-persecution
The group of persons of descendants of German nationals who were deprived of citizenship, who have a direct claim under Art. 116 II GG has been expanded following the Chamber’s order of the Federal Constitutional Court of 20.05.2020 – 2 BvR 2628/28.
According to previous continual ruling of the Federal Administrative Court, children who were born in wedlock to Jewish mothers whose citizenship had been revoked and non-German fathers before 01.04.1953, as well as children born before 01.07.1993 out of wedlock to Jewish fathers who whose citizenship had been revoked and non-German mothers have not been recognised. This restriction is unconstitutional.
From now on and, due to said decision, the descendants of former German nationals who lost their citizenship due to Nazi persecution who had, till date, not been considered due to said unconstitutional restriction, have a direct claim under Art. 116 II GG.
The Bundesverwaltungsamt will implement this in its practice effective immediately…
How Does This Affect Your Eligibility for German Citizenship?
- If you were previously denied naturalisation because your German ancestor was female and the next generation child was born before 01.04.1953, you are now eligible.
- If you were denied because your German ancestor was born out of wedlock, you are now just as eligible for non-discretional naturalisation as any other descendant of a former German who lost citizenship due to persecution.
- It is no longer necessary to provide marriage certificates from pre-war Germany, as birth in wedlock is no longer a requirement.
- You no longer need to prove “basic knowledge of the German language and culture”, nor do you need to file your petition through the backlogged and understaffed German representative office near you, such as an embassy or consulate.
Let German Citizenship Restoration Handle Your Application Under Article 116 II GG
Following this ruling, we expect an increase in German citizenship applications submitted to the Bundesverwaltungsamt, which is likely to lead to longer processing times. Nevertheless, this represents a significant and positive development for many previously ineligible applicants.
For further information on our service, including a free, no-obligation assessment of your case: info@germanpassport.co.uk or tel:+44 208 066 9900.