The biggest myths in German citizenship law – and what official practice really requires

The dream of obtaining a German passport rarely fails due to a lack of willingness to integrate, but far more often due to persistent legal misconceptions that linger in expat forums and family traditions. Those who believe that being born on German soil, having German ancestors, or the 2024 reform of the Nationality Act will automatically open doors are often met with a rude awakening when dealing with the authorities. As a law firm specializing in migration and citizenship law, we witness daily how seemingly clear-cut claims are shattered by the reality of bureaucratic discretion.

For wealthy individuals, investors, and their families—especially those from the USA , Great Britain , and Canada—acquiring or retaining German citizenship is about far more than just a travel document. It's about global mobility, asset protection, and securing family status across generations. Those who rely on dangerous half-truths risk irreparable legal losses. We debunk the most common myths and show how the administrative process actually works.

Does being born in Germany automatically lead to German citizenship?

The widespread myth of the unrestricted principle of birthright citizenship ( ius soli ), as known from the USA or Canada, does not fundamentally apply in Germany. German citizenship law is historically and systematically based primarily on the principle of descent ( ius sanguinis ).

A child born in Germany to foreign parents acquires German citizenship by birth in Germany only if at least one parent has had their habitual legal residence in Germany for five years and holds an unlimited residence permit , according to Section 4 Paragraph 3 of the Nationality Act (StAG) . The law thus links the principle of birthright citizenship to strict immigration-related qualifications of the parents. If these temporal or status-related requirements are not met at the time of birth, the acquisition of German citizenship by birth remains impossible – even if the family has invested in the country for years or holds substantial assets.

Does the reacquisition of citizenship after loss of citizenship in older cases fail due to formal hurdles?

Since the modernization of citizenship law came into effect in 2024, Germany has generally accepted multiple citizenship (§ 10 para. 1 StAG nF). This leads many former German citizens from the USA , UK , or Canada to the misconception that the reform applies retroactively and that a previous loss of German citizenship is automatically remedied.

The law, however, has no retroactive effect. Anyone who acquired a foreign nationality before the reform's effective date without the required retention permit (§ 25 StAG aF) has irrevocably lost their German citizenship by operation of law. Practice shows, however, that formal law does not have to be the final word. Reacquisition of citizenship from abroad via § 13 StAG remains possible at the discretion of the authorities. In our legal practice, we regularly see that rigid rejection tendencies of the Federal Office of Administration (BVA) can be overcome. The key often lies in a well-reasoned and persuasive presentation of the circumstances of the original loss of citizenship during the initial contact with the responsible case worker. By demonstrating how unfair the harsh legal consequences of the old formulaic law are in a specific case—for example, in cases of unavoidable time pressure or misleading information from authorities abroad—we can influence the authority's exercise of discretion in favor of the affected party based on substantive considerations.

Does German ancestry automatically guarantee a German passport?

Many applicants assume that having a German grandfather or great-grandfather is sufficient to establish a claim to citizenship . However, descent under Section 4 Paragraph 1 of the German Nationality Act (StAG) requires an unbroken legal chain of succession. If an ancestor acquired a foreign nationality before the birth of the next generation and thereby lost their German citizenship , the line of descent is broken. A subsequent reliance on family history is legally ineffective. Determining citizenship (Section 30 StAG) requires the precise reconstruction of all civil and citizenship-related events across generations. Exceptions exist for restitutionary naturalization for victims of National Socialist persecution and their descendants under Article 116 Paragraph 2 of the Basic Law (GG) and Section 15 StAG. Outside of these specific restitutionary circumstances, mere biological descent without an unbroken legal continuation of citizenship status at the time of the children 's birth is insufficient.

Will constantly contacting the naturalization authority speed up the process?

Legal processing deadlines are routinely exceeded by the completely overburdened naturalization authorities. Many applicants try to exert pressure through regular phone calls, emails, or personal appearances. In practice, this usually has the opposite effect: Routine status inquiries tie up resources, are added to the files, and further delay the processing.

German administrative law, however, offers a powerful tool: the action for failure to act under Section 75 of the Code of Administrative Court Procedure (VwGO). If an application for naturalization has not been decided upon within a reasonable period – generally after three months – without sufficient cause, legal action can be taken . In our experience, proceedings cannot be expedited by informal reminders, but rather by a legally sound threat of an action for failure to act, setting a strict deadline. If a law firm signals to the immigration authorities that the action under Section 75 VwGO will be filed without further ado if the deadline expires without action, the authorities will prioritize this case to avoid court costs and procedural burdens.

Conclusion

German citizenship law, even after the 2024 reform, is by no means a walk in the park. For wealthy foreigners, investors, and their families from the Anglo-American world, success depends not on gut feeling or online forum knowledge, but on mastering the intricacies of the Citizenship Act and actual administrative practice. Whether enforcing discretionary decisions under Section 13 of the Citizenship Act or strategically exerting pressure using Section 75 of the Administrative Court Procedure Act, sound legal representation prevents legal losses and secures your family 's status for the long term. We guide you through the bureaucratic maze – in a structured, legally sound, and assertive manner.