Various pathways are available for obtaining German citizenship by descent, depending on individual circumstances. In many cases, a citizenship application pursuant to StAG §5 is required, making it important to have specialists assess your case.
For example, if a woman in your line of descent had a child between May 23, 1949, and January 1, 1975, you will most likely need to apply by declaration under this provision.
To better understand this time-limited process, it is helpful to first consider its historical background.
How everything started:
The first citizenship laws of 1913 (the year when the very first German Grundgesetz was founded) allowed the passing of the right to German citizenship only under certain circumstances.
Children born in wedlock could inherit German citizenship exclusively from their father, therefore preventing women from passing their own citizenship status to their legitimate children. On the other hand, women could pass citizenship only to children born outside of wedlock.
This means that citizenship could only be inherited in very limited contexts. This framework mirrored the broader patriarchal structure of society at the time. The father was considered the head of the household and the primary legal representative, while a woman’s legal identity was often tied to that of her husband.
The 1975 change:
A turning point came on May 23, 1949, when new constitutional principles established equality between men and women.
Later on, these principles led to reforms in nationality law, and starting from January 1, 1975, this allowed women to pass on citizenship to their children even if they were born in wedlock.
However, these changes were not fully retroactive, therefore leaving many descendants without access to their German heritage.
The final shift, StAG §5:
Recently, a new amendment to the German Nationality Act was enacted on August 20, 2021.
A declaration process to claim German citizenship by descent became available for individuals (and further generations) who were born after May 23, 1949 and who in the past were excluded from receiving German citizenship from their parents.
The process is regulated under Section 5 of the Staatsangehorigkeitgesetz, and has a 10 years’ time window. Applicants therefore have until August 19, 2031 to submit their citizenship application.
Since time is limited for these kinds of applications, it is of vital importance to act now. Don’t miss your chance to reclaim your German citizenship and benefit from this historic reform. Start your journey today by seeking our guidance in the first steps in your application process.