Decision-making authority

Persons who are ordinarily resident in Germany should address any questions about German nationality to the nationality authority that is responsible for their place of residence.

The nationality authority responsible for persons who are ordinarily resident abroad is the Federal Office of Administration. For advice on issues of nationality law, you can also contact the German mission abroad that is responsible for your place of residence.

Within the Federal Government, overall responsibility for nationality law lies with the Federal Ministry of the Interior and Community (BMI).

Reforms of German nationality law

German nationality law consists of provisions in the Basic Law (GG) and the Nationality Act (StAG). Article 16 (1) of the Basic Law provides special protection for German nationality, stipulating that it may not be revoked, and can be lost only pursuant to a law and only if the person affected does not become stateless as a result.

German nationality law was thoroughly revised with the entry into force of the amended Nationality Act (StAG) on 1 January 2000. This supplemented the principle of descent (ius sanguinis), previously the sole possible way to acquire citizenship, by introducing the principle of place of birth (ius soli), meaning that children born in Germany to non-German parents are able to acquire German citizenship if certain conditions are met. The amended Nationality Act also introduced the “generational cut-off point” (Generationenschnitt). This means that children born abroad to German parents will no longer automatically acquire German nationality if certain conditions are met.

The Nationality Act was further revised with the entry into force of the main part of the Immigration Act (Zuwanderungsgesetz) on 1 January 2005 and its further provisions on 28 August 2007. The Second Act Amending the Nationality Act, which entered into force on 20 December 2014, contains new provisions concerning the obligation for children born in Germany to non-German parents to opt for one citizenship (Optionsregelung). The Third Act Amending the Nationality Act, effective since 9 August 2019, stipulates that German citizenship will be lost by anyone who actively participates in fighting by a terrorist organisation abroad.

The Fourth Act Amending the Nationality Act then entered into force on 20 August 2021, creating a legal claim to restitution for persons who were affected by National Socialist persecution but who are not entitled to the restoration of their German citizenship pursuant to Article 116 (2) sentence 1 of the Basic Law, and for their descendants. This Act also includes a ten-year right of declaration applicable to persons who were born to a German parent after the entry into force of the Basic Law and who, due to the provisions in force at the time of their birth, were excluded in a gender-discriminating manner from acquiring German citizenship by birth; they now have the option of obtaining German citizenship by making a simple declaration.

You can read about the main issues covered by the updated legislation here.

Provisions for non-Germans living in Germany

Since 2000, children born in Germany to non-German parents acquire German citizenship at birth if one parent has been legally resident in Germany for at least eight years – now just five years – and has a permanent right of residence.

Pursuant to section 7 of the Nationality Act, ethnic German resettlers automatically acquire German citizenship upon receipt of the certificate issued to them under section 15 of the Federal Expellees Act (BVFG) after they arrive in Germany.

As a general rule, non-Germans have the right to become naturalised after five years of legal residence in the Federal Republic of Germany, provided they meet certain additional conditions. The minimum period of residence for spouses of German citizens is usually shorter. In order to become naturalised, it is necessary to prove sufficient knowledge of the German language and to pass the naturalisation test, which proves that the applicant is familiar with the legal system, society and way of life in Germany. For the guest worker (Gastarbeiter) generation, the new law introduces a much simpler path to naturalisation from 27 June 2024 onwards. A clean criminal record and commitment to the tenets of the Basic Law (Germany’s constitution) are further criteria. It is not possible to become naturalised following a conviction for an antisemitic, racist or xenophobic crime or any other crime evidencing contempt for humanity, regardless of the specific sentence received. Applicants must also be able to support themselves financially.

Since 28 August 2007, citizens of EU member states and Switzerland who are naturalised in Germany have been allowed to hold multiple citizenship. As of 27 June 2024, citizens of all countries who are naturalised in Germany are allowed to hold multiple citizenship.Applicants must find out in advance whether the laws of their country of origin also permit multiple citizenship.

Information about the naturalisation procedure in Germany is available from the nationality authority in your town/city or district.

Provisions for Germans abroad

The new citizenship law affects not only non-Germans living in Germany, but also Germans living abroad. The most important provisions for Germans living abroad are as follows.

The generational cut-off point

Children born abroad to a German parent or German parents who was/were born after 31 December 1999, also abroad, no longer acquire German citizenship – this is known as the generational cut-off point (Generationenschnitt) (section 4 (4) of the Nationality Act). The only exceptions are if the child would otherwise be stateless or if an application for the birth to be recorded in the German births register is made within a year of the child’s birth (section 36 of the Civil Status Act – PStG). This deadline will also be deemed to have been met if the notification of birth is received by the competent German mission abroad within one year. The German mission will be happy to provide you with more detailed information.

All Germans (expats and emigrants) who were themselves born abroad and who have a child abroad, regardless of the reason for or duration of their residence abroad and of whether they have spent periods of time living in Germany, may be affected by this rule.

The generational cut-off point does not apply to descendants of a German citizen who acquired German citizenship through restoration or restitution pursuant to Article 116 (2) sentence 1 of the Basic Law or section 15 of the Nationality Act by way of reparations for Nazi persecution.

Loss of German nationality

Since 27 June 2024, applying for and receiving citizenship of a foreign country no longer means losing German citizenship.

German citizens who voluntarily enlist with the armed forces or comparable armed organisations of a state whose citizenship they also possess, without the consent of the competent German authorities, automatically lose their German citizenship (section 28 (1) number 1 of the Nationality Act). However, since 6 July 2011, this rule no longer applies to persons who voluntarily enlist with the armed forces of an EU member state, a NATO member state, an EFTA country or Australia, New Zealand, Israel or the Republic of Korea. As of 9 August 2019, any Germans who actively participate in fighting by a terrorist organisation abroad will lose their citizenship, unless they would otherwise become stateless (section 28 (1) number 2 of the Nationality Act).

Former Germans who lost their German citizenship because they failed to apply for permission to retain it before applying for and acquiring a foreign citizenship (section 25 of the Nationality Act) can regain German citizenship if certain conditions are met and they retain close ties with Germany (section 13 of the Nationality Act). More information is available on the website of the Federal Office of Administration.

For advice on issues of citizenship law, persons living abroad can contact the German mission responsible for their place of residence. The nationality authority responsible for persons who are resident abroad is the Federal Office of Administration.

Obligation to opt for one nationality (Optionsregelung) under section 29 of the Nationality Act

This provision no longer applies as of 27 June 2024.

If you received a notification (Optionshinweis) of your obligation to opt for one citizenship under section 29 (5) sentence 5 of the Nationality Act, and the deadline given in the notification has not yet passed, this obligation no longer applies to you. Nor does it apply to anyone who was under 23 years of age on 27 June 2024.

If you were born in Germany to foreign parents, and therefore acquired German citizenship at birth but were subject to the requirement to choose one citizenship (Optionspflicht) under the previous legislation, you will still have to provide information when you apply for a German passport abroad regarding the potential loss of your German or foreign citizenship.

Detailed information is available on the website of the Federal Office of Administration.

Naturalisation

German citizenship law assumes that naturalisation will generally take place within Germany. However, in exceptional cases foreigners can also be naturalised while living abroad, provided they have particular ties with Germany to justify this (sections 13 and 14 of the Nationality Act).

Former Germans who lost their German citizenship under the previous legislation because they failed to apply for permission to retain it before applying for and acquiring a foreign citizenship (section 25 of the Nationality Act) can regain German citizenship under less strict conditions if they retain close ties with Germany (section 13 of the Nationality Act). More information is available on the website of the Federal Office of Administration.

Options for acquiring German nationality for children who were born to German parents but did not acquire German nationality by birth

Acquisition by declaration pursuant to section 5 of the Nationality Act

The Fourth Act Amending the Nationality Act, which entered into force on 20 August 2021, created a ten-year right of declaration (section 5 of the Nationality Act) applicable to persons who were born to a German parent after 23 May 1949 (entry into force of the Basic Law) and who, under the version of the Reich and Nationality Act (RuStAG) in force at the time of their birth, were excluded in a gender-discriminating manner from acquiring German citizenship by birth; they now have the option of obtaining German citizenship by making a simple declaration to the competent nationality authority. Their descendants also have this option.

The right of declaration applies to:

1. children who were born after 23 May 1949 to a German parent and who did not acquire German citizenship by birth (children born in wedlock prior to 1 January 1975 to a German mother and a foreign father or children born out of wedlock prior to 1 July 1993 to a German father and a foreign mother),
2. children born after 23 May 1949 to a mother who lost her German citizenship before their birth through marriage to a foreigner prior to 1 April 1953, pursuant to section 17 (6) of the Reich and Nationality Act (old version),
3. children born after 23 May 1949 who acquired German citizenship by birth but subsequently lost it prior to 1 April 1953 through legitimisation effected by a foreigner and valid under German law, pursuant to section 17 (5) of the Reich and Nationality Act (old version), and
4. descendants of the children listed in paragraphs 1 to 3.

Persons who are ordinarily resident abroad can submit the declaration directly to the Federal Office of Administration or to the competent German mission. It will take effect upon receipt by the competent nationality authority (which is the Federal Office of Administration for persons resident abroad) if all other conditions are fulfilled.

Detailed information on acquisition by declaration can be found on the website of the Federal Office of Administration.

Information sheet on acquisition of German nationality by declaration (in German)

Declaration for the acquisition of German nationality (in German)

Annex to the declaration of German nationality (in German)

Persons born before 24 May 1949 who did not acquire German nationality by birth due to the gender-discriminating nature of the citizenship law in force at the time, and their descendants, still have the option of naturalisation pursuant to section 14 of the Nationality Act.

If this applies to you and you live abroad, you can submit an application for naturalisation to the mission abroad that is responsible for your place of residence. The mission can provide you with advice and will then forward your application to the Federal Office of Administration for further processing. However, strict conditions must be met for naturalisation. Before applying, you should therefore carefully read the information on conditions, required documents and fees that is contained in the information sheets provided by the Federal Office of Administration.

Information, application forms from the Federal Office of Administration

Naturalisation of victims of Nazi persecution and their descendants

Victims of persecution by the Nazi regime who were forcibly deprived of their German citizenship can be renaturalised in Germany, as can their descendants.

Special rules on renaturalisation apply for victims of persecution by the Nazi regime who were deprived of their German citizenship on political, racial or religious grounds between 30 January 1933 and 8 May 1945. These persons and their descendants are entitled to naturalisation through restoration of citizenship under Article 116 (2) sentence 1 of the Basic Law by way of reparations for Nazi persecution.

Detailed information on this topic can be found on the website of the Federal Office of Administration.

The Federal Constitutional Court decision 2 BvR 2628/18 of 20 May 2020 made it possible for more people to claim citizenship under Article 116 (2) sentence 1 of the Basic Law.

The term “descendants” within the meaning of Article 116 (2) sentence 1 of the Basic Law now also includes:

• children born in wedlock prior to 1 April 1953 to a mother who was forcibly deprived of her German citizenship, and a foreign father, and
• children born out of wedlock prior to 1 July 1993 to a father who was forcibly deprived of his German citizenship, and a foreign mother.

If you fall into one of these categories and you previously applied for naturalisation under Article 116 (2) sentence 1 of the Basic Law but were rejected under the legislation in force at the time, you can now submit a new application; no special form is required. The German mission responsible for you will be happy to assist you.

Furthermore, on 30 August 2019 the Federal Ministry of the Interior introduced two comprehensive ministerial orders which made it easier for descendants of German victims of Nazi persecution to claim citizenship if they live abroad and are not entitled to renaturalisation under Article 116 (2) of the Basic Law. On 20 August 2021, the Fourth Act Amending the Nationality Act then entered into force. This contains a new legal entitlement to naturalisation on grounds of restitution, by way of reparations for Nazi persecution.

In detail, the Fourth Act Amending the Nationality Act introduces the option of (re)naturalisation for persons who lost or were denied German citizenship due to Nazi persecution and who are not already entitled to restoration of citizenship under Article 116 (2) of the Basic Law (section 15 of the Nationality Act). All descendants of such persons are now also entitled to naturalisation.

Under section 15 of the Nationality Act, persons who gave up, lost or were denied German citizenship between 30 January 1933 and 8 May 1945 due to persecution on political, racial or religious grounds are entitled to (re)naturalisation in the following cases:

1. Persons who gave up or lost their German citizenship prior to 26 February 1955, for example through acquisition of foreign citizenship on application, release on application or marriage to a foreigner,
2. Persons who were excluded from lawfully acquiring German citizenship through marriage, legitimisation or the collective naturalisation of ethnic Germans,
3. Persons who were not naturalised upon application or were generally excluded from naturalisation which would otherwise have been possible upon application, or
4. Persons who gave up or lost their ordinary residence in Germany, if established prior to 30 January 1933 or, if they were children at the time, also after that date.

Descendants of these persons are also entitled to naturalisation.

Detailed information on naturalisation for descendants of victims of Nazi persecution can be found on the website of the Federal Office of Administration. The German mission abroad responsible for your place of residence will also be happy to advise you.