The acquisition of the declaration pursuant to Section 5 of the German Nationality Act (StAG)

Since August 20, 2021, individuals born after the Basic Law came into force on May 23, 1949, have had the option of acquiring German citizenship by declaration. This regulation particularly affects those who, due to previous gender-discriminatory provisions in citizenship law, were either unable to acquire German citizenship at birth or subsequently lost it (§ 5 of the Nationality Act – StAG).

Due to unequal treatment caused by gender-discriminatory regulations in the previous nationality law, you can now acquire German citizenship by declaration.

Requirements for acquiring German citizenship by declaration:

1. Time of birth

In order to acquire German citizenship by declaration, you must have been born after May 23, 1949 – that is, after the Basic Law came into force.

2. Group of people

Some gender-discriminatory provisions in German citizenship law remained in effect even after the Basic Law came into force, resulting in certain individuals being unable to acquire German citizenship or losing it through their mother's marriage to a foreign father. The option to acquire citizenship through a declaration is therefore available to the following individuals:

• Children of a German parent (father or mother) who were unable to acquire German citizenship from that parent at birth.

• Children of a German mother who lost her German citizenship before the child's birth by marrying a non-German national.

• Children who acquired German citizenship by birth but lost it due to a later “legitimation” if the German mother married the non-German father after the birth.

• Descendants of the above-mentioned groups of people.

3. No subsequent loss of German citizenship

The acquisition of German citizenship by declaration is excluded if German citizenship was acquired or regained at a later date after birth and subsequently lost again (e.g., through renunciation or acquisition of another citizenship).

Advantages and challenges

Acquiring German citizenship by descent offers the advantage that people of German descent can acquire and retain citizenship even without their primary residence in Germany. This often fosters stronger ties to Germany and facilitates access to rights and privileges in Germany, as well as employment opportunities within the EU.

Support with the application process

Naturalization by descent can be complex, especially when multiple generations are involved and various documents need to be provided. As an experienced immigration lawyer, I am happy to help you find and compile the necessary documents and carefully prepare your application to ensure a smooth process.

If you have any questions about citizenship by descent according to §5 StAG or need assistance with your application, I am happy to help!