Germany Announces 4 Groups of People Qualified for German Citizenship by Declaration
- Germany's Fourth Act Amending the Nationality Act created a ten-year right for certain groups to claim citizenship by declaration
- The law targets children and descendants who were excluded from German citizenship due to gender-discriminatory rules under older nationality laws
- Eligible persons living abroad can submit their declaration directly to the Federal Office of Administration or a German mission abroad
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Germany has identified four groups of people who qualify to obtain German citizenship through a simple declaration to the relevant citizenship authority, under a provision introduced by the Fourth Act Amending the Nationality Act, which came into force on August 20, 2021.
The law, outlined by the German Federal Foreign Office, creates a ten-year window under Section 5 of the Nationality Act.
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It covers people who were denied German citizenship at birth because of gender-discriminatory provisions in the older Reich and Nationality Act. Their descendants are also covered.
German citizenship by declaration: Groups eligible to apply
The Federal Foreign Office listed the following four categories of eligible persons:
1. Children born after May 23, 1949, to a German parent who did not pass on German nationality at birth — specifically, children born in wedlock before January 1, 1975, to a German mother and a foreign father, or children born out of wedlock before July 1, 1993, to a German father and a foreign mother.
2. Children born after May 23, 1949, to a mother who lost her German citizenship by marrying a foreigner under Section 17 (6) of the old Reich and Nationality Act, where that marriage took place before the child's birth and before April 1, 1953.
3. Children born after May 23, 1949, who lost German nationality they had acquired at birth through a legitimisation by a foreigner that was valid under German law, under Section 17 (5) of the old Reich and Nationality Act, before April 1, 1953.
4. Descendants of those falling under groups one to three.
German citizenship by declaration: How to submit a declaration
The citizenship declaration does not require a naturalisation process. Instead, eligible individuals make a formal declaration to the competent citizenship authority. Once all required conditions are met, the declaration takes effect upon receipt by that authority.
People living outside Germany have two options: they can submit their declaration directly to the Federal Office of Administration, or they can approach the nearest German diplomatic mission abroad.
For those resident outside Germany, the Federal Office of Administration serves as the competent authority.
The provision is rooted in the Basic Law, which came into force on May 23, 1949. The reform acknowledged that earlier versions of German nationality law treated children differently depending on the gender of their German parent or the nature of their parents' relationship, outcomes that no longer align with Germany's constitutional principles of equality.
In a related story, Legit.ng reported that Germany had listed six categories of people who can seek citizenship without paying the required fee.
Germany's residency requirement for citizenship
Meanwhile, Legit.ng previously reported that Germany had explained how long foreigners must reside in the country before applying for citizenship.
Simply residing in Germany is not enough; applicants must also hold a permanent right of residence, such as a settlement permit or a qualifying residence permit.
A permit issued purely for the purpose of studying does not meet this requirement.
Source: Legit.ng
