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German citizenship by declaration
Declaration of acquisition of German citizenship in cases of unconstitutional withholding of citizenship.
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what the so-called “acquisition by declaration” (§ 5 StAG) is
in which cases German citizenship can be acquired by declaration
what conditions must be met for the acquisition of a declaration
by when a declaration to acquire German citizenship must be submitted
1. Acquire German citizenship by declaration
2. Which cases does the acquisition of a declaration encompass?
3. Prerequisites for acquiring a declaration
4. Declaration period and practical advice
5. FAQ Explanation Acquisition
6. Conclusion on acquiring explanations
1. Acquire German citizenship by declaration
The acquisition of German citizenship by declaration ( § 5 StAG ) was introduced to correct historical inequalities in citizenship law. It primarily concerns cases in which people did not receive German citizenship due to unconstitutional laws or legal loopholes in the transmission of citizenship. This is because German citizenship law always dictates the law that was in effect at the time of birth or transmission – even if it later turns out to be unconstitutional. Thus, it could happen that descendants of German parents did not receive German citizenship because earlier laws contained unconstitutional, discriminatory, or exclusionary provisions .
To eliminate such inequalities, the legislature created the possibility of so-called " acquisition by declaration ." Individuals born after the Basic Law came into force, whose parents or ancestors were disadvantaged by unconstitutional regulations or previous gaps in citizenship law, can acquire German citizenship by making a simple declaration to the competent authority . This acquisition by declaration thus represents an important form of redress – it enables affected descendants to restore their rightful German citizenship.
2. Which cases does the acquisition of a declaration encompass?
The loss of German citizenship due to unconstitutional laws is primarily based on the unequal treatment of men and women ( Article 3 of the Basic Law ). In the cases listed below, the respective regulations generally applied to only one gender. The unconstitutional loss of German citizenship has occurred primarily in the following cases:
Children of a German father and a foreign mother did not receive German citizenship if the parents were unmarried at the time of birth (version of the RuStAG valid until 30.6.1993).
Children of a German mother and a foreign father did not receive German citizenship, even if the parents were married at the time of birth (version of the RuStAG valid until 01.01.1975).
Children of German mothers did not receive German citizenship if the mother married a foreign national and thus lost her German citizenship (this was the case according to § 17 No. 6 RuStAG in the version valid until 01.04.1953).
Children of an unmarried German mother and a foreigner did not receive German citizenship if the child was effectively adopted by the foreigner as his own (so-called legitimation; RuStAG until 01.01.1975, effective until 01.04.1953).
3. Prerequisites for acquiring a declaration
Acquiring German citizenship by declaration is therefore open to all those who, or whose ancestors, were excluded from automatic acquisition of German citizenship due to unconstitutional, particularly gender-discriminatory, regulations. The decisive factor is that at the time of birth, one parent was a German citizen, but the child was not considered German under the law at that time. This also applies to descendants of such persons, such as children or grandchildren, who have their own right to make a declaration. This is intended to prevent the unconstitutional conditions of the past from continuing and entire families from being excluded from citizenship for generations.
To be eligible for German citizenship by declaration, the person concerned must have been born under the Basic Law (i.e., on or after May 23, 1949 ) and be legally competent or represented at the time of the declaration. Furthermore, no grounds for exclusion may exist. These include, in particular, convictions for serious crimes or the grounds for exclusion listed in Section 11 of the Nationality Act (StAG), such as an anti-constitutional attitude. Persons who deliberately chose not to take advantage of an earlier opportunity to acquire German citizenship or who subsequently relinquished their citizenship are also excluded from acquiring German citizenship by declaration.
4. Declaration period and practical advice
The declaration of intent to acquire German citizenship must be submitted to the competent authority no later than August 19, 2031. This deadline results from the entry into force of Section 5 of the Nationality Act through the Fourth Nationality Law Amendment Act on August 20, 2021, and is a non-extendable deadline. Anyone who misses this deadline irrevocably loses the opportunity to acquire German citizenship through this route. Depending on the applicant's place of residence, the competent authority is either the local citizenship office or – in the case of habitual residence abroad – the Federal Office of Administration, which can be contacted via the German diplomatic mission if necessary.
Upon successful and formally correct submission of the declaration, German citizenship is acquired immediately , provided the legal requirements are met and no grounds for exclusion exist. The acquisition generally takes effect retroactively to the date of application . A separate naturalization certificate is not issued; instead, those making the declaration receive a certificate confirming the acquisition of German citizenship by declaration. It should be noted, however, that submitting the declaration may, under certain circumstances, result in the loss of the previous citizenship if the law of the country of origin recognizes a comparable provision for loss. This potential legal consequence should therefore be carefully examined before submitting the declaration.
5. FAQ Explanation Acquisition
What is the acquisition of German citizenship by declaration?
The declaration of acquisition of citizenship was introduced to correct historical inequalities in German citizenship law. It is aimed at individuals who, or whose ancestors, did not receive German citizenship due to unconstitutional or discriminatory laws.
Who can use the acquisition of a declaration?
Eligible persons are those who were born after the Basic Law came into force (from 23 May 1949) and whose parents or ancestors were actually German at the time of their birth, but could not pass on their citizenship due to earlier unequal treatment.
What requirements must be met?
In addition to being born under the Basic Law, one parent must have been a German citizen. Furthermore, no grounds for exclusion may exist – in particular, no serious crimes or anti-constitutional activities (§ 11 StAG). Anyone who has not taken advantage of previous employment opportunities or has voluntarily relinquished their citizenship is also excluded from acquiring citizenship through this declaration.
By when must the declaration be submitted?
The declaration must be submitted no later than August 19, 2031. This deadline is a strict deadline and cannot be extended.
Where must the declaration be submitted?
In Germany, the local citizenship authority is responsible. Persons residing abroad can submit the declaration via the Federal Office of Administration or the German diplomatic mission abroad.
6. Conclusion on acquiring explanations
Acquiring German citizenship by declaration is an important instrument of legal redress. It allows descendants of individuals who were discriminated against in the past due to unconstitutional regulations to retrospectively assert their rightful claim to German citizenship. Those affected should act promptly: the deadline for declarations is August 19, 2031 – after which this special route to acquiring German citizenship will no longer be available. If in doubt, you should seek advice from a lawyer specializing in this area.
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List of Sources (Paywall)
[1] Hailbronner in Hailbronner/Kau/Gnatzy/Weber, Nationality Law | StAG § 5 | 7th edition 2022 (Paywall)
[2] Oberhäuser in Hofmann, Ausländerrecht | StAG § 5 | 3rd edition 2023 (paywall)
[3] German Nationality Law: Collection of regulations with an overview of nationality law, Eugen Ehmann and Heinz Stark, 25 March 2025
[4] Huber/Gerdes/Rödel, Nationality Law, 1st edition 2025