German citizenship is based on the principle of ‘jus sanguinis’, which means it’s passed on from a parent to a child, irrespective of where the child is born. Because of this, many people today can claim citizenship by descent in Germany.
So, in this guide, we’ve detailed everything you need to know about who can pass on their citizenship to whom, how it works, how far back you can trace your family line, and how you can apply for citizenship by descent.
How to Get German Citizenship by Descent?
To be eligible for German citizenship by descent, two things must apply:
- One of your parents was a German citizen when you were born, and
- The citizenship rules in place at the time of your birth must support your claim.
While at first glance this seems simple enough, citizenship inheritance gets more complicated depending on when you were born, what laws were applicable at that time, and whether you were born to married parents or not.
To make sure you’re eligible for citizenship by descent, you can use this eligibility checker, which will determine your eligibility after answering a few simple questions .
Born to Married Parents
If you were born to married parents and one of them held German citizenship, your eligibility for German citizenship by descent depends on your date of birth:
- Born before January 1, 1975:
You are eligible for German citizenship only if your father was a German citizen at the time of your birth.
- Born before January 1, 1975, to a German mother and a non-German father:
You are not eligible for German citizenship unless you would have been stateless otherwise.
- Born after January 1, 1975:
You are eligible for German citizenship if either parent was a German citizen at the time of your birth.
Exception
As mentioned before, children born to married parents before 1975 to a German mother and a non-German father were not granted German citizenship at birth due to the laws in effect at the time.
While their parents had the opportunity to claim citizenship on their behalf between 1975 and 1977, many missed this short window.
So, since August 20, 2021, a new law allows these children — and their descendants — to obtain German citizenship by declaration, correcting the past gender-based discrimination.
This opportunity is available for 10 years, until August 19, 2031.
Born to Unmarried Parents
If you were born to unmarried parents, you can still be eligible for German citizenship depending on when you were born and which of your parents was a German citizen:
- Born before July 1993:
You are eligible for German citizenship only if your mother had German citizenship.
- Born on or after July 1993 to a German father and a foreign mother:
You are eligible for citizenship if your father recognized paternity.
- Born after 2000:
You are eligible for German citizenship if either parent was a German citizen.
Please note that children who are born abroad to a German parent after 1999 are eligible for citizenship only if the parent registers the birth in a German birth register within a year of the birth.
Can You Get German Citizenship Through a Grandparent?
You can’t get German citizenship directly from your grandparents. But, if your grandparents passed on their German citizenship to your parents (i.e., their children), then your parent can pass it on to you.
So, in this case, citizenship must be passed down to each generation without interruption. This means that if your parents did not obtain German citizenship, or lost it before your birth, then you can’t claim citizenship through a grandparent.
To verify this, you have to go back to every relevant record and document that shows proof that the citizenship was passed on to your parents before your birth.
How far back can you go?
In theory, as far back as 1914, when Germany’s first comprehensive citizenship law took effect, as long as you can prove the line of citizenship was never broken. But the farther back you go, the harder it gets to find complete documentation.
German Citizenship for Descendants of Nazi Victims
If you have German ancestors who lost their citizenship due to political, racial, or religious persecution, you can now claim German citizenship under new and updated laws.
Under Section 15 of the Nationality Act, those who lost their citizenship between January 30, 1933, and May 8, 1945, can claim German citizenship, including the following:
- People who gave up or lost their citizenship before February 26, 1955, due to obtaining another citizenship or marrying a foreigner.
- People who were prevented from acquiring German citizenship through marriage, legitimization, or collective naturalization (e.g., ethnic Germans)
- People who applied for citizenship but were denied, even though they met all the legal requirements.
- People who gave up or lost their regular place of residence in Germany, as long as they had been living there before January 30, 1933. For children, living in Germany after that date may also count.
- Descendants of all the above-mentioned individuals.
How Does the Application Process Go?
You have to apply for citizenship by descent at the German Federal Office of Administration (Bundesverwaltungsamt— BVA) or a German embassy/consulate in your country, by completing a process known as “declaration”.
So, you must first verify whether your parent can pass on German citizenship to you, and then go through an application process:
Step 1: Contact the nearest German embassy or consulate
It’s important that you first contact the nearest German embassy in your country to help you with your request. The embassy will point you in the right direction, and in some cases, they might even forward your application to the BVA. You can find a list of the embassies here.
Step 2: Prepare the application package
You must download an application package, which you can find here, on the website of the Federal Office of Administration (Bundesverwaltungsamt— BVA).
Step 3: 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.
Step 4: Submit your application
You must submit your application to the German embassy in your area or directly to the BVA. You can do this either in person or by post.
Step 5: Wait for a decision
You have to wait until your request is processed, which can sometimes take up to two years or more. Once your request is approved, you will receive your certificate of acquisition of German citizenship.
Documents Required
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
- Certificates 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.
Frequently Asked Questions
Can I Still Apply for Citizenship if My Ancestors Were Born Outside of Germany?
Yes, as long as your parent (or grandparent) was born a German citizen, then they can pass on citizenship to you regardless of where they or you were born.
What if I Can’t Find All the Required Documents?
You must have all the relevant documentation when you apply for citizenship by descent. Sometimes the BVA may accept affidavits or alternative evidence, but this depends on your circumstances.
It’s important in cases like these that you consult with a legal professional to help you obtain the required documents.
Can I Get Dual Citizenship?
Yes, Germany allows dual citizenship, even if you apply for citizenship by descent.
Do I Need to Speak German to Get Citizenship by Descent?
No, there is no language requirement when you apply for citizenship by descent, unlike with other pathways e.g., naturalization.
That being said, if you plan on making Germany your new home after your citizenship application, then it’s in your best interest to learn the language, as it will help you adapt to your new country.
Can Adopted Children Obtain Citizenship by Descent?
Children who are adopted by German citizens obtain citizenship automatically as soon as the adoption is finalized and is under legal circumstances.
However, if the adoption happened before 1979, then citizenship was not passed on automatically, and the child had to apply for citizenship via declaration. If this is the case for you or your parent, then you must consult with a legal professional to help you comb through the records carefully.