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Restitution naturalization
All information on naturalization after Nazi persecution of grandparents.
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About this Page
what restitutionary naturalization is
What is the difference between Article 116 Paragraph 2 of the Basic Law and Section 15 of the Nationality Act?
what are the requirements for naturalization based on restitution?
how the procedure works for families persecuted by the Nazis
Table of Contents
1. What is a naturalization based on restitution pursuant to Article 116 of the Basic Law?
2. Naturalization as compensation pursuant to Section 15 of the Nationality Act
3. Naturalization for families formerly persecuted by Nazis
4. Exclusion of naturalization based on restitution
5. FAQ on Restitution Naturalization
6. Conclusion on naturalization through restitution
1. What is a naturalization based on restitution pursuant to Article 116 of the Basic Law?
Restitutionary naturalization under Article 116, Paragraph 2 of the Basic Law (GG) serves to rectify the injustices perpetrated by the National Socialists in citizenship law . It is aimed at individuals who were deprived of German citizenship during the Nazi era for political, racial, or religious reasons – as well as all their descendants, regardless of generational succession. The provision acknowledges that many victims of persecution were unable to pass their citizenship on to their children and often had no other means of regaining it. The reparative nature of the regulation leads to a broad interpretation of the term "descendants": it includes not only children, but also grandchildren, great-grandchildren, and further descendants. The acquisition of another citizenship after denaturalization – for example, in a country of exile – does not preclude eligibility.
A prerequisite is always that German citizenship was formally revoked during the Nazi era , for example, through the Law on the Revocation of Naturalizations and the Deprivation of German Citizenship of 1933 or through the 11th Ordinance to the Reich Citizenship Law of 1941. A "general" loss under the old Reich Citizenship Law (e.g., through the acquisition of another citizenship) is insufficient, even if it was factually due to persecution. Those affected have two options: If they reside abroad, Article 116, Paragraph 2, Sentence 1 of the Basic Law establishes a right to renaturalization. If they reside in Germany, however, citizenship is considered, by virtue of Article 116, Paragraph 2, Sentence 2 of the Basic Law, to have never been revoked, so that only a declaratory judgment procedure is required. Thus, Article 116, Paragraph 2 of the Basic Law remains a central component of constitutional redress for victims of Nazi persecution and their families.
2. Naturalization as compensation pursuant to Section 15 of the Nationality Act
At the statutory level, Section 15 of the German Nationality Act (StAG) also allows for renaturalization in cases of Nazi persecution. Section 15 StAG encompasses a significantly broader group of people than Article 116, Paragraph 2 of the Basic Law (GG). Restitutionary naturalization under Section 15 StAG is aimed at individuals and their descendants who lost their German citizenship in connection with Nazi persecution or who were unable to acquire it in the first place due to the discriminatory legal situation at the time. It supplements the constitutional guarantee of renaturalization in Article 116, Paragraph 2 GG and creates an entitlement for all those cases in which there was no formal denaturalization and therefore no entitlement under Article 116, Paragraph 2 GG. Like the constitutional provision, Section 15 StAG covers not only the directly persecuted generation but also their children, grandchildren, and other descendants . For many of those affected, this opportunity comes decades after the injustices they suffered – but it nevertheless represents an important instrument of state responsibility.
Before any naturalization based on restitution, it is examined whether a direct entitlement exists under Article 116 Paragraph 2 of the Basic Law , because this applies without additional requirements and contains no grounds for exclusion. For descendants who were unable to inherit citizenship due to previous gender-discriminatory regulations, the right to declare their preference under Section 5 of the Nationality Act may also apply. If the requirements of Section 15 are not met, discretionary naturalization may be considered as an alternative (Section 8 of the Nationality Act), particularly under Sections 13 or 14 of the Nationality Act for applicants living abroad . In these cases, the family's Nazi persecution and the constitutionally enshrined principle of restitution must be taken into account in the decision.
3. Naturalization for families formerly persecuted by Nazis
Naturalization by way of restitution under Section 15 of the German Nationality Act (StAG) requires that the loss of or exclusion from acquiring German citizenship was related to Nazi persecution . This connection is always assumed if the person concerned belonged to a group persecuted during the Nazi era and one of the circumstances specified in the law applied – such as loss of citizenship due to persecution, exclusion from acquiring citizenship, or forced abandonment of habitual residence in Germany. This is generally always assumed if the person emigrated between 1933 and 1945. Earlier emigrations may also be covered if a return was no longer possible due to persecution.
The law specifies four concrete categories of cases in which an entitlement exists. These include, in particular, the loss of German citizenship (1) before February 26, 1955, exclusion from legal acquisition – for example, through marriage, legitimation, or collective naturalization – (2), the rejection or exclusion of naturalization for racist reasons (3), and the loss of habitual residence in Germany due to Nazi persecution (4). If these conditions are met and no entitlement exists under Article 116, Paragraph 2 of the Basic Law, Section 15 of the Nationality Act now provides a clear, legally secure path for descendants of Nazi persecution victims to regain German citizenship through restitution.
4. Exclusion of naturalization based on restitution
The right to naturalization based on restitution under Section 15 of the German Nationality Act (StAG) is excluded in certain cases . The exclusion due to serious criminal convictions is particularly relevant: Anyone who has been convicted of an intentional crime and sentenced to at least two years' imprisonment or juvenile detention, or who has been ordered to be held in preventive detention, cannot claim this right. This specific exclusion provision takes precedence over the general regulation in Section 12a of the StAG and deliberately sets a stricter standard to reconcile serious criminal offenses with the concept of restitution. Furthermore, there must be no indications of anti-constitutional activities as defined in Section 11 of the StAG ; however, a confirmed identity or nationality is exceptionally not required for Section 15.
Another exclusion criterion applies to individuals who were already naturalized once after 1945 and subsequently lost their German citizenship again – as well as their descendants. The legislature justifies this by arguing that the subsequent loss of citizenship is no longer related to Nazi persecution. However, this view is problematic in practice, as many victims of Nazi persecution did not return to Germany for factual or emotional reasons, or their lives were permanently impacted by the persecution. An exception applies, however, to women and children who lost their citizenship due to the unconstitutional gender-specific grounds for loss of citizenship that remained in effect until 1953 (e.g., marriage to a foreigner). They and their descendants remain eligible for citizenship.
5. FAQ on Restitution Naturalization
What is the difference between Article 116 of the Basic Law and Section 15 of the Nationality Act?
Article 116 of the Basic Law (GG) governs the restoration of German citizenship to persons who were formally denaturalized between 1933 and 1945 for political, racial, or religious reasons. Section 15 of the Nationality Act (StAG) grants naturalization to persons who lost or were unable to acquire citizenship due to National Socialist persecution, even if no formal denaturalization took place. Section 15 of the Nationality Act is therefore broader than Article 116 of the Basic Law.
Who is responsible for naturalization applications under Section 15 of the German Nationality Act (StAG) if I live abroad?
For applicants residing abroad, the Federal Office of Administration (BVA) is solely responsible. The official application forms (German/English) and information sheets on requirements and documents can be found on the BVA website.
Who processes naturalization applications according to § 15 of the German Nationality Act (StAG) if I live in Germany?
For people living in Germany, the naturalization authorities responsible under state law are in charge. Which authority is responsible depends on the respective federal state.
Can I appeal a rejection?
Yes, in principle, an objection is admissible. Exceptions exist if the respective state law excludes an objection procedure. In these cases, a lawsuit must be filed directly.
What type of legal action is appropriate in the case of an unlawful rejection?
The correct type of action is an action for performance pursuant to Section 42 Paragraph 1 Alternative 2 of the German Administrative Court Procedure Act (VwGO). This compels the authority to grant naturalization. Background: Section 15 of the German Nationality Act (StAG) establishes a legal entitlement without any discretionary power.
Are there any fees for the naturalization procedure according to § 15 StAG?
No. Naturalization procedures according to § 15 StAG are free of charge, cf. § 38 para. 3 no. 5 StAG.
6. Conclusion on naturalization through restitution
Naturalization as a form of redress is a central instrument of the state's responsibility to the victims of Nazi persecution and their descendants. Article 116, paragraph 2 of the Basic Law guarantees the restoration of citizenship to persons who were formally denaturalized between 1933 and 1945 for political, racial, or religious reasons, as well as to their descendants. Section 15 of the Nationality Act extends this right to persons who lost Germancitizenship due to Nazi persecution or were never able to acquire it, even without formal denaturalization. Thus, Section 15 of the Nationality Act provides a clear, legally secure path to renaturalization for a broader group of people and complements the constitutional right. Naturalization under Section 15 of the Nationality Act is therefore an expression of an ongoing legal and political claim to redress.
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List of Sources (Paywall)
[1] Hailbronner in: Hailbronner/Kau/Gnatzy/Weber, Nationality Law, 7th ed. 2022, § 15
[3] For the broad interpretation of the term “descendant” in Article 116 paragraph 2 of the Basic Law, see Federal Constitutional Court, decision of 20 June 2020, 2 BvR 2628/18
[6] Federal Ministry of the Interior, Preliminary application guidelines of the Federal Ministry of the Interior on the Nationality Act (VAH-StAG)
[7] Administrative guidelines for residence in Berlin (VAB), as of 18 February 2025, section S