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Citizenship law

All information on German citizenship law.

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About this Page

German citizenship law governs the legal framework surrounding the acquisition, loss, and determination of citizenship. Due to the high complexity and strict evidentiary requirements in naturalization or descent proceedings, a precise legal classification is crucial for success. VISAGUARD guides you clearly and with legal certainty through all official processes and shows you when the support of a specialized lawyer is indispensable.

Table of Contents

1. Nationality: Key cases in the law firm

2. These points are particularly important in citizenship law.

3. Should I hire a lawyer to take action against the Federal Office of Administration?

4. VISAGUARD services related to citizenship procedures

5. FAQ and online resources

1. Nationality: Key cases in the law firm

These are the most important practical cases in the field of citizenship and citizenship law:

  • Acquisition of German citizenship through descent over several generations

  • Revocation of naturalization due to deception and forgery

  • Acquisition of German citizenship as a descendant after the expulsion of the Jews in 1945

  • Acquisition of German citizenship by birth in Germany with a residence permit

  • Acquisition of German citizenship through adoption

  • Avoiding statelessness and ways out of statelessness

  • Loss of German citizenship / Loss determination procedure at the Federal Office of Administration

  • Retention permit upon joining a foreign military

  • Naturalization of former Germans

  • Generational shift and multiple citizenship

  • Naturalization for ethnic German repatriates

  • Nationality Act and Nationality Certificate

2. These points are particularly important in citizenship law.

In citizenship law, by far the most frequent problem is a very long waiting time and difficult communication with the authorities. This often leads to numerous subsequent problems (especially changes in the applicants' circumstances during the proceedings). The authorities simply do not prioritize processing citizenship applications. This is partly due to political reasons, but also because the authorities are overburdened. In some cases, the case workers in the authorities are poorly trained or simply incompetent.

 

To overcome the problem of long processing times, applicants must maintain very clear and consistent communication . They must actively inquire: What documents might be missing? What information needs to be provided? What problems are currently arising in the application process? Only in this way can it be prevented that the authorities simply "let the application sit" or even outright ignore it. Additionally, documents should always be proactively kept up to date: For example, if you inquire at the beginning of the month about the progress of your application, it is advisable to also send updated payslips and proof of rent payments. The authorities will request these documents at some point anyway.

 

If the authorities (especially the Federal Office of Administration) allocate several years for processing citizenship applications, this can usually only be countered with the help of a lawyer . Legally, citizenship applications must be processed within three months. Otherwise, an action for failure to act can be filed (§ 75 VwGO). While it is conceded that processing applications precisely within three months is probably not administratively feasible, it can certainly be demanded that the application be processed proactively and continuously, and that the applicant be regularly informed of its status. The Federal Office of Administration also bears a corresponding burden of proof and substantiation in this regard.

3. Should I hire a lawyer to take action against the Federal Office of Administration?

A lawyer can definitely be helpful in matters of citizenship law, at least from a certain point onward. The application process itself is usually not particularly complicated. Most major immigration offices offer an online application, where all the necessary information and documents are requested in a self-explanatory digital application process. If you meet all the requirements for citizenship, you probably won't need a lawyer to complete the online application. The situation may be different if your case is a bit more "exotic" regarding the fulfillment of the requirements (i.e., if you want to deviate from certain conditions).

4. VISAGUARD services related to citizenship procedures

As a law firm specializing in immigration and citizenship law, we offer the following specialized services:

  • Lawyer's letter: Proactive out-of-court communication with the Federal Office of Administration to ensure that your case is processed with the appropriate and administratively feasible speed.

  • Legal representation: Filing an action for failure to act if your application is not processed at all by the Federal Office of Administration, without the authorities communicating the reason for the impediment.

  • Out-of-court communication: Proactive communication with the authorities via legal channels to compel the authority to respond and thus bring the proceedings out of the “black box” state.

  • Eligibility and document verification: Evaluation of the citizenship requirements and review of your documents to ensure that you meet all material and formal requirements for citizenship.

  • Document procurement: Communication with archive and registration authorities in Germany if you are applying for citizenship from abroad (especially from the USA) based on descent from German ancestors.

  • Communication and representation vis-à-vis the Federal Office of Administration (BVA) in cases of naturalization abroad based on descent.

5. FAQ on Citizenship Law
What does German citizenship law regulate?
It defines who is a German citizen, how citizenship can be acquired (e.g., through naturalization, birth, descent, declaration), and under what conditions it is lost. It thus defines membership in the German people.  

What is the difference between citizenship law, residence law, and passport law?
Residence law regulates the entry and stay of foreigners. Passport law concerns identification documents such as passports. Nationality law, on the other hand, determines whether a person is German – regardless of residence or passport.  

Which legal frameworks are particularly important?
The Nationality Act (StAG) is central. In addition, the Basic Law (Article 16 GG), the Administrative Procedure Act, and administrative regulations and application guidelines of the Federal Ministry of the Interior (BMI) apply. Furthermore, international law and EU law influence the interpretation.

Judgments on citizenship law

  • The loss of European citizenship is only possible after a strict proportionality test (no automatic expiry; Federal Administrative Court (BVerwG), judgment of 4 March 2026, file no. 1 C 4.25).

Specialist Articles on the Topic

Flag of Germany

Importance of nationality

All information on nationality and the meaning of nationality in citizenship law.

Children playing in classroom

Loss of nationality of children

What happens to the children's citizenship if the parents' citizenship is revoked?

Law hammer and courtroom

Naturalization of former Germans

All information about naturalization if you have previously been a German citizen.

Map of Germany

Jus soli (principle of birthplace)

All information on acquiring German citizenship by birth in Germany (birthplace principle).

Pedigree

Ius Sanguinis (principle of descent)

All information on the principle of descent (nationality law) that applies in Germany.

Hands from multiple generations

Generational shift in nationality

All information on the generational average of Germans living abroad.

Written letters "Adoption"

German citizenship through adoption

Lawyer explains: Naturalization through adoption as a child - requirements and procedure.

Picture of a court building

Permission to retain citizenship

All information on the retention permit and its significance after its abolition in 2024.

German citizen packs her bags to leave Germany

Emigrating as a German

All the information you need to know if you want to emigrate as a German.

People swearing on the German constitution

German citizenship by declaration

Declaration of acquisition of German citizenship in cases of unconstitutional withholding of citizenship.

Law hammer and courtroom

Naturalization for ethnic German repatriates

All information on the topic of German citizenship for ethnic German repatriates and family reunification for ethnic German repatriates.

Person saying "no" in the camera

Determination of German citizenship

Lawyer explains: This is how the determination procedure for German citizenship works at the Federal Office of Administration (BVA).

Law hammer in courtroom

Renounce German citizenship

All information on voluntarily renouncing German citizenship.

Lawyer with law book in German court room

Deprivation of citizenship due to terrorism

All information: Revocation of citizenship on charges of terrorism.

Military personnel on training ground

Revocation of citizenship of foreign military personnel

All information: Loss of German citizenship through joining a foreign military.

Statue of Justice

Revocation of citizenship

A lawyer explains all the reasons why German citizenship can be revoked (expatriation).

Lawyer explaining citizenship law

Revocation of naturalization

Lawyer explains: When is it possible to revoke naturalization and what can you do?

Logo of the Federal Office of Administration

Citizenship authorities Germany

All information about the citizenship authorities that exist in Germany.

Picture of citizenship certificate/yellow certificate

German citizenship certificate

All information about the German citizenship certificate (proof of citizenship).

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Nationality Act

All information about the law on nationality (nationality law).

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