How long does the naturalization process based on restitution (§ 15 StAG) take at the Federal Office of Administration?

The official naturalization process under Section 15 of the Nationality Act (StAG) is intended to pave the way for a legally secure return to Germany. However, instead of the hoped-for swift entry via German citizenship, applicants often encounter bureaucratic silence. Application documents sit at the Federal Office of Administration (BVA) in Cologne, months pass without any updates, and professional and personal plans are thrown into disarray. Those who rely on the enforcement of their historical rights face acute staff shortages and significant backlogs in the day-to-day operations of the administration. An application under Section 15 StAG is not a straightforward process but requires strategic support to prevent years of bureaucratic deadlock.

How long does an application under Section 15 of the Nationality Act currently take at the Federal Office of Administration?

Processing times at the Federal Office of Administration for naturalization applications under Section 15 of the Nationality Act (StAG) have increased dramatically in recent years. Currently, applicants must expect an average processing time of 2.0 to 3.5 years. This means that, in practice, applications handled by Division TS II 9 (Section 15 StAG) take significantly longer than applications under Article 116 Paragraph 2 of the Basic Law (GG).

The Federal Office of Administration (BVA) regularly justifies these extreme delays with drastically increased application numbers and a lack of staff. For those affected who want to relocate their primary residence to Germany from the USA , Canada, or the United Kingdom ( UK ), or who want to use a German passport as a permanent anchor for themselves and their descendants, these timeframes are hardly acceptable. In our experience, status inquiries usually only result in generic, pre-printed responses. Standardized inquiries do not expedite the BVA process; rather, they necessitate targeted legal intervention.

Why do proceedings under Section 15 of the Nationality Act take significantly longer than those under Article 116 Paragraph 2 of the Basic Law?

While claims under Article 116 Paragraph 2 of the Basic Law (GG) concern denaturalization for political, racist, or religious reasons between 1933 and 1945, Section 15 of the Nationality Act (StAG) closes remaining regulatory gaps for persons affected by Nazi injustices but who did not fall under the narrower constitutional provision. The legal and historical review in the area of Section 15 of the Nationality Act is often more complex for the authorities.

The Federal Office of Administration (BVA) conducts extensive investigations for each file, meticulously examining lines of descent, emigration data, and evidence of persecution. A further complication is that many documents originating from the USA , Great Britain , or Canada are subject to procurement deadlines. If the initial application does not include complete documentation and the required format, the proceedings at the BVA often remain suspended for many months without the applicant being actively informed.

What legal options are available if the authorities have been inactive for years?

If the Federal Office of Administration fails to decide on an application for naturalization within a reasonable timeframe without sufficient reason, procedural law provides for the possibility of filing an action for failure to act pursuant to Section 75 of the Code of Administrative Court Procedure (VwGO). Such an action is generally admissible by law after three months have elapsed since the application was submitted.

In practice, the Federal Office of Administration (BVA) regularly argues before the Cologne Administrative Court that the delay is not attributable to its own fault due to organizational overload. However, this argument often fails to withstand legal scrutiny, as structural staff shortages fall within the agency's sphere of responsibility. A well-prepared action for failure to act compels the caseworker to take on the relevant file and process it as a priority.

Important practical advice: Before filing a lawsuit, the file must be completely ready for a decision. If the Federal Office of Administration (BVA) lacks formally correct documentation – such as current certificates of good conduct or properly authenticated documents with an apostille – the authority will use these formalities in the court proceedings to gain further time.

How can applications for the entire family be strategically bundled?

A significant advantage of citizenship law lies in the consolidation of family proceedings. If several family members in the USA , Great Britain , or Canada share common ancestors, the Federal Office of Administration (BVA) generally handles these cases as a single, coherent matter.

It is often unnecessary for each family member to pursue legal action. In practice, the targeted legal prioritization or omission of a single sample application within the family leads to the Federal Office of Administration (BVA) handling the entire case and deciding on the applications of the whole family . Furthermore, the agency accepts applications for expedited processing (fast-tracking) in cases of very advanced age or serious health limitations of the applicants, provided these circumstances are documented by medical certificates.

Conclusion: A well-thought-out strategy shortens the path to a German passport

Restitutionary naturalization under Section 15 of the German Nationality Act (StAG) is a historically significant instrument that restores the right to German citizenship to applicants and their families. However, the reality at the Federal Office of Administration (BVA) is characterized by waiting times of several years. Those who rely solely on submitting the forms lose valuable time. A structured application with watertight documentation from the outset and a willingness to take consistent procedural steps are key to successfully navigating the BVA process. We will guide you and your family safely through the entire process from the USA , Canada, or Great Britain .