Acquisition of German Citizenship by Declaration under Section 5 of the German Nationality Act (StAG)
Many people are unaware that they may now be entitled to acquire German citizenship because of historical gender discrimination in German nationality law. Section 5 of the German Nationality Act (Staatsangehörigkeitsgesetz – StAG) was introduced to remedy past inequalities that prevented certain individuals from acquiring or retaining German citizenship.
Whether a person is eligible depends on their family history, the date of birth, and the nationality laws that applied at the relevant time. Equally important is submitting a complete application supported by the correct documentation.
What is the acquisition of citizenship by declaration under Section 5 StAG?
Section 5 StAG allows certain individuals to acquire German citizenship by declaration if they or their ancestors were disadvantaged by gender-discriminatory provisions of German nationality law.
The provision was introduced to correct historical inequalities that continued to exist even after the German Basic Law (Grundgesetz) entered into force on 24 May 1949.
Who is eligible to make a declaration under Section 5 StAG?
A declaration under Section 5 StAG may be available to the following groups of people:
Children of a German parent who were unable to acquire German citizenship at birth because of the nationality laws in force at the time.
Children whose German mother had lost her German citizenship before their birth by marrying a foreign national.
Children who initially acquired German citizenship at birth but later lost it following the subsequent marriage of their German mother to their foreign father (known as "legitimation" under the law then in force).
Descendants of all of the above groups.
As a general rule, the first person affected by the historical discrimination must have been born on or after 24 May 1949, the date on which the German Basic Law entered into force.
In addition, German citizenship must not have been acquired or re-acquired at a later date and subsequently lost again.
The correct supporting documents are crucial
In practice, many applications are unsuccessful not because the legal requirements are not met, but because the necessary evidence is incomplete.
Depending on the family's history, applicants may need to obtain documents covering several generations, including:
birth certificates,
marriage certificates,
proof that an ancestor held German citizenship,
historical civil status records,
registration records, and
other documents issued by German or foreign authorities.
Older documents are often difficult to obtain and may have to be located in archives. Careful preparation of the family lineage and the supporting documentation is therefore essential for a successful application.
What if the first person affected by the discrimination was born before 24 May 1949?
Not every case falls within the scope of Section 5 StAG. If the first person affected by the historical gender discrimination was born before 24 May 1949, acquisition of German citizenship by declaration is generally not available.
However, this does not necessarily mean that German citizenship cannot be obtained.
In many such cases, discretionary naturalisation under Section 14 StAG may be possible. To qualify, the applicant must first satisfy the requirements that would generally apply under Section 5 StAG. In addition, however, Section 14 StAG requires the applicant to demonstrate particularly close ties to Germany. Such ties may arise, for example, from long-standing family connections, regular visits to Germany, German language skills, cultural ties, or other particularly strong personal links with Germany.
Whether these requirements are met must always be assessed on the basis of the individual circumstances of each case.
Professional legal assistance
Applications under Sections 5 and 14 StAG often require a detailed legal assessment and the collection of historical records from several generations. Determining the relevant nationality status under the law applicable at the relevant time can be legally complex.
As a lawyer specialising in German immigration and citizenszip law, I assist clients in assessing their eligibility, obtaining the necessary documentation, and preparing a complete and well-supported application.
If you would like to find out whether you may qualify for German citizenship by declaration under Section 5 StAG or by discretionary naturalisation under Section 14 StAG, I would be pleased to advise you and guide you through the entire application process.