Eligibility for German Citizenship by Descent and Application Steps explained

The application for German citizenship by descent can be a complex process. Whether your claim is clear-cut or tied to more complicated facts, understanding the legal framework is the crucial first step. With thorough preparation and the right guidance, one can successfully navigate the path to reclaiming or obtaining German citizenship. 

Germany’s citizenship law is primarily based on jus sanguinis (right of blood), meaning that citizenship is passed through German parentage, not merely by being born in Germany.

Here are some factors which determine eligibility:

Children of German citizens: If one or both parents were German citizens at the time of a child’s birth, that child may have inherited German citizenship, even if born abroad. 

Recent Reforms of German citizenship laws, such as Section 5 StAG: This recently enacted law provides eligibility for descendants of German mothers who were previously excluded because citizenship could only pass through fathers. 

Claims in connection with nazi persecution – Article 116 GG and Section 15 StAG: Descendants of individuals who lost their citizenship as a result of Nazi persecution between 1933–1945 may have the right to reclaim it, even if many generations have passed. Section 15 StAG widens the path to German citizenship by allowing descendants of individuals who were previously excluded under Art 116 II GG due to historical legal discrimination to now reclaim or acquire citizenship.

Because the German citizenship law is complex and exceptions are common, determining eligibility often requires a close review documents, of family history, and applicable laws. 

Applying for German citizenship by descent typically involves the following steps: 

1. Confirming eligibility: Review of family history, documents, and applicable laws.
2. Gathering documentation: Birth and marriage certificates, German passports, other proof of German citizenship, and historical records, especially for claims linked to Nazi persecution. 
3. Submitting the application: Applications are filed with the German authorities.
4. Waiting for a decision: Processing times vary depending on the type of proceeding.
5. Naturalization certificate and German passport application: Once an application is approved, applicants are issued a German citizenship certificate and may apply for a German passport.