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Revocation of citizenship
A lawyer explains all the reasons why German citizenship can be revoked (expatriation).
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what grounds exist for the revocation of citizenship
how the revocation procedure works in the case of denaturalization
what defense options exist against the revocation of citizenship
Former grounds for revocation (old versions of the Nationality Act)
1. Revoking citizenship and denaturalization
2. Procedures for the revocation of citizenship
3. When can German citizenship be revoked?
4. Old version of the Nationality Act: Revocation through legitimation and marriage
5. FAQ Revocation of German citizenship
6. Conclusion: Deprivation of German citizenship
1. Revoking citizenship and denaturalization
The revocation or loss of German citizenship is clearly regulated in the Nationality Act (StAG) and can occur in various ways. Numerous different grounds can be systematically distinguished, which are listed in Section 17 of the StAG . The Federal Constitutional Court emphasizes in its established jurisprudence that citizenship, as a "reliable basis for equal belonging," is protected by Article 16 of the Basic Law (GG), which is why strict rules apply to the revocation of citizenship. Any regulation that makes the loss of this belonging unpredictable or uncontrollable violates the reliability of citizenship status.
All these cases are legally defined and must comply with the provisions of Article 16, Paragraph 1 of the Basic Law: Deprivation of citizenship under other circumstances is inadmissible . Previous grounds for loss of citizenship, such as the automatic loss of German citizenship upon acquiring another nationality, have since been abolished, as dual citizenship has been permitted since the reform of citizenship law. Nevertheless, specific situations, such as the loss of the father's citizenship or a subsequently invalidated adoption, can also lead to the loss of German citizenship.
2. Procedures for the revocation of citizenship
The procedure for revoking citizenship or denaturalization depends on the specific reason for the loss. A distinction must be made between the following procedures:
Regularobjection and appeal procedure : Administrative procedure for the revocation of naturalization (§ 35 StAG)
Determination procedure pursuant to Section 30 of the Nationality Act: Determination of the loss of citizenship in cases of terrorism / foreign military service
Regular obligation and performance procedure: Administrative procedure for voluntary renunciation and release from citizenship
The exact procedure for revoking German citizenship therefore always depends on the reason for the revocation. While the revocation of naturalization is carried out by the respective local naturalization authority , the procedures for establishing criminal ties (terrorism and military service) and for renunciation are handled by the Federal Office of Administration.
3. When can German citizenship be revoked?
The law recognizes the following grounds for revocation of citizenship:
Revocation of an unlawful naturalization (§ 35 StAG) in cases of deception, bribery and duress
statutory expiry through joining foreign armed forces or terrorist organizations (§ 28 StAG)
voluntary renunciation of German citizenship (§ 26 StAG) by declaration
Withdrawal of a naturalization commitment (§ 48 VwVfG)
Until the reform of the Nationality Act in 2024, acquiring another nationality was also grounds for loss of German citizenship (denaturalization for violating the prohibition of dual citizenship ). Since June 27, 2024, however, acquiring a foreign citizenship no longer automatically results in the loss of German citizenship for Germans, as the new law generally permits dual citizenship. The previous loss of citizenship upon acquiring German citizenship has also been abolished for naturalizations in Germany.
4. Old version of the Nationality Act: Revocation through legitimation and marriage
Under previous law, there were various grounds for the loss of German citizenship, which are no longer valid today but can still have repercussions . Particularly significant was the loss of citizenship through the legitimation of an illegitimate child by a foreign father (§ 17 No. 5 RuStAG aF). Until the end of 1974, legitimation legally valid under German law—for example, through the marriage of the foreign father to the German mother—automatically led to the child losing their German citizenship. However, this regulation was deemed unconstitutional because it gave greater weight to paternal descent than to maternal. It was therefore considered unconstitutional and repealed no later than March 31, 1953. The Fourth Citizenship Amendment Act later created the possibility of retroactively correcting this loss: Affected individuals and their descendants can reacquire German citizenship by making a simple declaration until August 19, 2031.
Another historical ground for denaturalization was the marriage of a German citizen to a foreigner (§ 17 No. 6 of the former Reich and Nationality Law). This provision was based on the earlier concept of "national family unity," according to which the wife was to assume the citizenship of her husband. However, after the Basic Law came into force, this regulation violated the principle of equality ( Article 3, Paragraph 2 of the Basic Law ) and the freedom to marry (Article 6, Paragraph 1 of the Basic Law). Therefore, according to the prevailing opinion, it was repealed as unconstitutional no later than March 31, 1953, and in some cases even as early as 1949. Here, too, the legislature later created the possibility, with § 5 of the Nationality Law, for affected women and their descendants to regain their lost citizenship by declaration.
The aforementioned reasons (legitimation, marriage to a foreigner, and dual citizenship) are hardly relevant today. However, it should be noted that the transfer of citizenship is always governed by the law in force at the time of transfer . Therefore, when naturalization by descent is examined, the grounds for revocation that were in effect at the time of transfer must be investigated, even if they are no longer valid today.
5. FAQ Revocation of German citizenship/Denaturalization
When can German citizenship be revoked?
The revocation of German citizenship is only possible in precisely defined legal cases. These include, in particular, the revocation of a fraudulently obtained naturalization (§ 35 StAG), voluntary renunciation (§ 26 StAG), or loss of citizenship through joining foreign armed forces or terrorist organizations (§ 28 StAG).
Who decides on the revocation of citizenship?
Different authorities are responsible depending on the case: The naturalization authorities of the municipalities conduct procedures for the revocation of naturalization. The Federal Office of Administration (BVA) is responsible for determination and renunciation procedures.
Is it possible to appeal the revocation of citizenship?
Yes. Affected individuals can appeal a revocation or cancellation (if admissible) and subsequently file a lawsuit with the administrative court. Since complex issues of constitutional and European law are often involved, a lawyer specializing in citizenship law should be consulted early on.
What applies to previous grounds for loss of citizenship such as dual citizenship, marriage to foreigners, or legitimation?
These grounds have now been abolished. Anyone who lost German citizenship due to such historical regulations can regain it by making a declaration in accordance with Sections 5 and 15 of the Nationality Act. However, these grounds remain relevant for determining whether citizenship is acquired by descent.
6. Conclusion: Deprivation of German citizenship/expatriation
The revocation of German citizenship is an extraordinary state intervention that may only occur under strict constitutional conditions . The protection afforded by Article 16 of the Basic Law guarantees that no one can be arbitrarily or unexpectedly excluded from the German community. In practice, revocation therefore almost exclusively concerns cases of serious deception during naturalization or security-related matters such as joining terrorist organizations. Anyone affected by proceedings for revocation or withdrawal of citizenship should seek legal advice immediately. Early legal representation can help assess the chances of success in an appeal and ensure the protection of fundamental rights. Especially in citizenship law, belonging to the German state is not only a legal matter but also a question of identity – its revocation must always be legally sound, proportionate, and constitutional.
List of Sources (Paywall)
[1] Hailbronner in: Hailbronner/Kau/Gnatzy/Weber, Nationality Law, 7th ed. 2022, StAG
[2] For the interpretation of Article 16 of the Basic Law, see Federal Constitutional Court, judgment of 24 May 2006 – 2 BvR 669/04
[5] Engst, Loss of German citizenship, ZAR 2005, 227
[6] Simon Gemperli: New rules for denaturalization | NZZ. In: Neue Zürcher Zeitung. July 28, 2016, ISSN 0376-6829
[7] Administrative guidelines for residence in Berlin (VAB), as of 18 February 2025, section S
[8] Act on the Modernisation of Nationality Law (StARModG) of 27 June 2024
[11] Reich and State Citizenship Law (RuStAG) of 22 July 1913