Anyone who has been legally resident in Germany for five years can be naturalised - but only under certain conditions, such as a permanent right of residence, B1 language skills, a passed naturalisation test, a secure livelihood and a commitment to the free democratic basic order. In certain cases, however, acquiring German citizenship can be much less complicated - without a naturalisation test, proof of language skills and residence in the Federal Republic. All that is required is an application and a declaration.

Declaration acquisition according to § 5 StAG.

What may seem like an advertising campaign at first glance is actually the 4th amendment to the German Citizenship Act (StAG) since 20 August 2021. The reform enables the subsequent acquisition of citizenship by declaration in a large number of so-called „old cases“ until 19 August 2031. The relevant Section 5 StAG standardises reparation in connection with gender-specific discrimination. The acquisition of citizenship by declaration in accordance with Section 5 StAG is therefore a special legal route that corrects a legal situation that is currently considered unequal in specific cases.

In practice, „old cases“ regularly occur in families who have lived abroad for generations - for example in the USA or Israel - and who have a German line of voting, but who have so far been denied citizenship due to a legal provision.

Looking back: Why do such „old cases“ exist?

German citizenship law was initially characterised exclusively by the principle of descent (ius sanguinis) and prioritised the male line - the so-called „father priority“ - until the 1970s.

Until 1975, children born in wedlock only received the nationality of their father, meaning that children born to German mothers and non-German fathers did not acquire German nationality.

Until the amendment of the StAG in the 21st century, there was thus unequal treatment for marital births between 1 January 1914 and 1 January 1975, as citizenship was only conferred on the father's side.

What is the legal basis for compensation?

The basic requirement is that the person wishing to acquire German citizenship was born after the Basic Law came into force on 23 May 1949.

Next, the person must be the child of a German parent who was unable to acquire citizenship at birth due to discriminatory regulations at the time. This regularly includes marital births before 1 January 1975 of German mothers and foreign fathers as well as non-marital births before 1 July 1993 of German fathers and foreign mothers.

The descendants, i.e. children of these persons, also benefit. It is irrelevant for the acquisition whether the ancestor affected by the discrimination is already deceased, as the intact line of descent is decisive.

How does the purchase work in practice?

The declaration must be submitted with the necessary documents and forms either to the Federal Office of Administration or to the relevant German diplomatic mission abroad.

In view of the complex legal situation in cases under Section 5 StAG and the large number of documents and evidence to be submitted, legal advice is advisable both for the initial assessment of the prospects of success and for support during the actual proceedings.

The blog post has also been published in English.

Naturalisation as a form of reparation-how does that work?

Anyone who has been legally resident in Germany for five years can become a naturalised citizen-but only under certain conditions, such as having a permanent right of residence, B1 language skills, passing a naturalization test, having a secure livelihood, and committing to the free democratic basic order. However, in specific circumstances, the process of obtaining German citizenship can be significantly simpler, not requiring a naturalisation test, language certificate, or proof of residence in the Federal Republic. Making a declaration and submitting an application is all that is necessary.

Acquisition of citizenship according to Section 5 StAG.

What at first glance appears to be an advertising campaign is in fact the fourth amendment to the German Nationality Act (StAG) since August 20, 2021. The reform allows for the retroactive acquisition of citizenship by declaration until August 19, 2031, in many so-called “old cases”. The relevant Section 5 StAG regulates redress in connection with gender-specific discrimination. The acquisition of citizenship by declaration under Section 5 StAG is thus a special legal route that corrects a legal situation that today is considered unequal in specific cases.

In practice, “old cases” regularly occur in families who have been living abroad for generations-for example, in the USA or Israel-and have German ancestry but have been denied the acquisition of citizenship due to a legal provision.

Looking back: Why do such “old cases” exist?

The German Nationality Act was initially based exclusively on the principle of descent (ius sanguinis) and, until the 1970s, gave priority to the male line-the so-called “father priority”.”

Until 1975, children born in wedlock received only their father's nationality, meaning that children of German mothers and non-German fathers did not acquire the German nationality.

Until the amendment of the StAG in the 21st century, children born in wedlock between January 1, 1914, and January 1, 1975, were treated unequally, as citizenship was only passed down via the paternal side.

How is compensation provided legally?

The essential requirement is that the person who wants to acquire German citizenship was born after the Basic Law for the Federal Republic of Germany came into force on May 23, 1949.

The person in question must also be a child of a German parent who was unable to obtain citizenship at birth due to discriminatory regulations in place at the time. This includes children born in wedlock before January 1, 1975, to German mothers and foreign fathers, as well as children born out of wedlock before July 1, 1993, to German fathers and foreign mothers.

The descendants, i.e., the children of these individuals, also benefit. It is irrelevant for the acquisition of German citizenship whether the ancestor affected by discrimination is already deceased, as the decisive factor is the intact line of descent.

How does the acquisition work in practice?

The declaration must be submitted with the necessary documents and forms either to the Federal Office of Administration or to the relevant German diplomatic mission abroad.

Considering the complex legal situation in cases under Section 5 of the StAG and the large number of documents and supporting evidence to be submitted, it is advisable to seek legal advice both for an initial assessment of the prospects of success and for assistance with the specific procedure.

Author box for this blog post:

Tobias Roß advises clients on questions relating to the acquisition of citizenship based on descent in German and English. Additionally, he helps clients navigate the proceedings before the appropriate authorities if needed.