If you have an ancestor who was a German, then you may be eligible to obtain German citizenship by descent.
Eligibility Criteria for German Citizenship by Descent
You are considered a German citizen if you fit in one of the categories listed below.
Children born to married parents are considered German citizens if they were born:
- Between January 1, 1914, and December 31, 1974, and your father was a German citizen at the time of your birth.
- Between January 1, 1964, and December 31, 1974, and mother was German, your father was foreign.*
- After January 1, 1975, and one of your parents was a German citizen.
Children born to unmarried parents are considered German citizens if they were born:
- After January 1, 1914, and your mother was German at the time of your birth.
- After July 1, 1993, and your father was a German citizen, your paternity was established according to German law.
- Before July 1, 1993, if your father was a German citizen, and his paternity has been legally recognized., you have resided in Germany for at least three years, and you applied before turning 23.
* You are considered German only if you would have become stateless otherwise.
You can check your eligibility for German citizenship by descent through this online form. You just have to answer a series of questions regarding your birth date, the nationality of your parents, and any acquired nationalities you have.
New Rules for German Citizenship by Descent (August 2021)
Starting from August 2021, the Fourth Act Amending the German Nationality Act came into force. The new rules allow children born to a German mother or father, the right to declare German citizenship, if (at the time of their birth) they were excluded from citizenship due to gender-discriminatory rules. Descendants of these individuals are also eligible for German citizenship.
More specifically, under the new rules, you are entitled to German citizenship if:
- You were born before 1975 and did not acquire German citizenship because prior to your birth, your German mother married your foreign father (and consequently had to forfeit her German nationality).
- You were born out of wedlock before July 1993 to a German father and foreign mother.
- You lost your German citizenship through “legitimization” (i.e. after you were born, your German mother married your foreign father and had to forfeit her nationality).
- You are the direct descendant (child or grandchild) of one of the individuals listed above.
Remember: These new rules are only applicable for ten years, starting from the time they came into force.
What Are the Documents I Need to Submit?
The required paperwork can vary, but typically includes the following:
- Passport.
- ID Card.
- Documents proving parentage, such as:
- Birth certificates
- Marriage certificates
- Certificates of descent
- Family books
- Certificate of good conduct from your country of residence.
- Proof of impunity. You must prove you do not have convictions to imprisonment or youth sentences of two or more years or have been subject to preventive detention.
- Proof of possession or loss of German citizenship (if applicable).
- Proof of acquiring or possessing other citizenships (if applicable).
- Certificate of name change (if applicable).
- Proof of custody (if applying with children up to 16 years).
You have to submit original documents or notarized copies, of yourself and all your ancestors. The BVA will let you know if you need to submit any extra documents before your application is processed.
To ensure that your document package is complete, you may consider consulting legal advisors with expertise in German immigration law. They can assist with verifying your documents, navigating legal requirements, and addressing any complexities in the application process.
How Can I Apply for German Citizenship by Descent?
You may apply directly to the German Federal Office of Administration (Bundesverwaltungsamt – BVA). The process is as follows:
- Download and complete the relevant application forms. You can download a form package from the website of the German Federal Office of Administration (BVA). Complete the ones that apply to you.
- Collect the required documents. Your documents will depend on your specific circumstances. They must be either originals or notarized copies.
- Submit the documents. You have to submit the documents either at the German embassy or consulate in your country or directly to BVA. You must submit the documents either via post or in person. It is not recommended to send the documents through email.
- Get your file number. You will receive a confirmation of receipt from the German Federal Office of Administration, via letter or email, which contains a file number. You must save this number and use it in future correspondence.
- Wait to hear an answer. Once your application has been submitted, the Federal Office of Administration will inform you if you need to submit further documents or information. Once everything is in order, your application will be processed.
- Receive your certificate of acquisition of German citizenship. After your application is processed, you will receive a certificate proving you have acquired German citizenship.
In some cases, obtaining German citizenship may involve more complexities than simply submitting a declaration. To ensure your application is accurate and complete, you may consider seeking assistance from immigration lawyers with experience in German citizenship processes. They can guide you through legal requirements and improve your chances of a successful application
German Citizenship for Nazi Victims
The new rules to the German Nationality Act also include facilitation for German citizenship to Nazi victims and their descendants. Under these rules, individuals who between 30 January 1933 and 8 May 1945 surrendered, lost or were denied German citizenship due to political, racial or religious persecution are entitled to German citizenship. This includes:
- Individuals who surrendered or lost their German citizenship before 26 February 1955 (e.g. by acquiring foreign citizenship, or marriage with a foreigner).
- Individuals who were excluded from legally acquiring German citizenship via marriage, legitimization or collective naturalization of persons of German ethnic origin.
- Individuals who were not naturalized as German citizens following an application, despite being eligible for citizenship.
- Individuals who were excluded from applying for naturalization, despite being eligible for citizenship.
- Individuals who surrendered or lost their German residency provided that residency was established before 30 January 1933. In the case of children, residency established after 30 January 1933 is also eligible.
- Direct descendants of individuals listed above.
Frequently Asked Questions
Do I Have to Pay Fees?
There are no administrative or processing fees for acquiring German citizenship by descent. However, this does not include any resulting costs from legal advice, translations, notarizations, or mailing documents.
How Long Does it Take to Receive an Answer?
Once you’ve submitted your application, expect a processing time of 2-3 years to receive your citizenship certificate.
What if my Documents are Incomplete?
If your document package is missing items, the BVA will inform you and give you time to gather and submit the required documents.
Can I Apply if Only One Parent is German?
Yes, as long as your German parent meets the eligibility criteria outlined by the German Nationality Act, you may apply for citizenship by descent.
What Happens if My Documents are Not in German or English?
Documents in other languages must be translated by a certified translator and stamped as official.
Can I apply directly to the BVA, or must I go through an embassy?
You can apply either through the German embassy or consulate in your country or directly to the BVA in Germany.