Here at GCR, we provide expert guidance and support to clients seeking to restore German citizenship, assisting them in navigating both key legal pathways: Article 116 GG (2) of the German Basic Law (Grundgesetz, GG) and Section 15 of the Nationality Act (Staatsangehörigkeitsgesetz, StAG). Our service begins with a complimentary eligibility assessment and tailored advice to identify the most suitable restoration route for your case. Once formerly engaged, we assist clients in preparing and submitting their applications in strict compliance with German authorities’ guidelines, ensuring the best possible chance of success and a smooth, positive restoration experience.

Overview of German Citizenship Restoration

Restoring German citizenship for descendants of those persecuted during the Nazi era can be pursued via two key legal routes: Article 116 (2) and Section 15 of the Nationality Act. While both ultimately secure naturalisation and restored citizenship, there are significant procedural differences applicants should understand.

Differences in Legal Routes and Application Requirements

For applicants pursuing restoration under Article 116 GG, eligibility is limited to those who were directly deprived of German citizenship between 1933 and 1945 on political, racial, or religious grounds under Nazi rule. The documentation preparation involves notarised or certified copies of necessary evidence such as birth, marriage certificates and official evidence proving former citizenship. Note, police clearance certificates (ACROs) are not required for this pathway. Processing times set by the German authorities average around 2 to 2.5 years and could be subject to change.

In contrast, Section 15 of the Nationality Act, introduced in August 2021, broadens eligibility to include descendants of individuals who did not meet Article 116 requirements, such as those females who lost citizenship upon marriage to a non-German, including those ancestors who naturalized abroad before being formally stripped of German citizenship, plus those who lost ordinary residence in Germany due to persecution, or descendants excluded by earlier nationality laws. The route also extends to those ancestors who were excluded from naturalisation in the protectorate in Bohemia, Moravia and the Sudetenland.

This naturalisation pathway, while similar in procedure to Article 116, demands a higher level of documental preparation; apostilles are required for documental evidence or legalisation, alongside police clearance certificates from all countries where the applicant has lived for more than six months in the past 15 years. Processing takes slightly longer on average, 3 years or over according to recent guidelines.

One of the key differences between the different application routes is that Article 116 GG does not contain a generational cut, whereas a person naturalised under section 15 StAG can only transfer their German citizenship to the next generation only if said person was born before 01.01.2000. Otherwise, they must register their newborn child within the first year after birth to ensure German citizenship is passed along.

Similarities in Outcomes and Processing

Despite the differences in eligibility criteria and document preparation, both Article 116 GG and Section 15 Nationality Act applications lead to the same ultimate outcome: you will be granted German citizenship. Once citizenship is restored, you are entitled to apply for a German passport, which is handled directly via your nearest German Embassy/consulate, unlocking numerous benefits across the European Union. Dual nationality is permitted under these circumstances, meaning applicants do not have to renounce their existing citizenship(s). Both application routes involve submission to the relevant German authorities, who handle the processing, and applicants are required to keep these authorities informed of any changes to their personal circumstances during the process e.g. marital status / address details.

Summary and Next Steps

In summary, while Article 116 GG and Section 15 present distinct legal pathways with specific eligibility and documentation requirements, they share the common goal of rectifying historical injustices by reinstating German citizenship to those affected by Nazi persecution.

For further information on our service, including a free, no-obligation assessment of your case: info@germanpassport.co.uk / tel:+44 208 066 9900