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Generational shift in nationality
All information on the generational average of Germans living abroad.
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what a “ generational cut ” is
in which cases the generational average applies
Legal consequences and repercussions of the generational shift
Notification period to avoid generational cut-off
1. What is a “generational cut”?
2. Significance of generational divide
3. Prerequisites: Generational Cut-Off
4. No generational cut in naturalization through restitution
5. FAQ Generational Cut
6. Conclusion: Generational Average
1. What is a “generational cut”?
In German citizenship law, the term "generational cut" refers to a legal boundary beyond which the transfer of German citizenship to children born abroad is restricted . According to Section 4, Paragraph 4 of the German Nationality Act (StAG) , a child does not automatically acquire German citizenship if the German parent was born abroad after December 31, 1999, lives abroad, and the child acquires another citizenship at birth . With this regulation, the legislator intended to ensure that German citizenship is not passed on indefinitely to generations who no longer have any actual connection to Germany.
In order for children to still acquire German citizenship in these cases, their parents must apply for registration of the birth in the birth register at the responsible German registry office or at the German embassy or consulate within one year of the birth. If this registration is completed in time, German citizenship applies retroactively from the date of birth. This generational shift particularly affects Germans living abroad—such as expats or emigrants—who were themselves born outside of Germany and are now having children there. Therefore, anyone living permanently abroad should inform themselves about the deadlines and responsible authorities early on to prevent their child from losing their German citizenship.
2. Significance of generational divide
The generational cut-off has considerable practical significance for Germans living abroad . It ensures that German citizenship is not passed down through generations to descendants who no longer have any actual or legal connection to Germany. The legislator thus links the acquisition of citizenship by descent (ius sanguinis) to a certain connection with German territory. This connection is typically maintained through habitual residence in Germany or through the active exercise of civic rights. Anyone living permanently abroad must therefore take action to secure the continuation of German citizenship within their family.
For affected families, the generational cutoff means they must address the legal consequences and deadlines early on. If a child's birth is not registered in time, the child irrevocably loses its entitlement to German citizenship – even if both parents are German. In practice, this often leads to uncertainty for Germans living abroad, especially if they have lived abroad for years or started a family there. The generational cutoff is therefore a crucial mechanism for maintaining the link between citizenship and actual ties to Germany.
3. Prerequisites: Generational Cut-Off
The so-called generational cut-off in German citizenship law applies whenever a German parent was born abroad after December 31, 1999 , has their habitual residence there, and their child is also born abroad. In such cases, German citizenship is not automatically passed on to the child, unless the child would otherwise be stateless . To avoid losing their citizenship, the parents must register the birth within one year at Registry Office I in Berlin or at the competent German diplomatic mission abroad. The legislator justifies this restriction by citing the child's lack of connection to German territory, as there is no longer any actual link to life in Germany across several generations.
The conditions for determining German citizenship based on generational ties only apply if both parents were born and reside abroad. As soon as one parent was born or lives in Germany , the child automatically becomes a German citizen. Critics argue, however, that this blanket assumption can lead to unfair outcomes – for example, if a German citizen born abroad has predominantly lived in Germany but is temporarily working abroad. In such cases, the connection to Germany is not sufficiently considered, meaning that the generational ties effectively disadvantage certain families.
4. No generational cut in naturalization through restitution
For victims of Nazi injustice and their descendants, there is no generational cut-off (see Section 4, Paragraph 4, Sentence 4 of the Nationality Act). This means that the transfer of German citizenship is not prevented by the restriction introduced in 2000, according to which Germans born abroad can only pass on their citizenship to their children under certain conditions. This exception applies both to persons who have regained German citizenship as victims of Nazi persecution under Article 116, Paragraph 2 of the Basic Law and to those who were naturalized under Section 15 of the Nationality Act as a result of Nazi injustice. The legislature justifies this special regulation with the jurisprudence of the Federal Administrative Court, which had demanded a generous and constitutionally compliant interpretation in order to completely eliminate the consequences of Nazi-era denaturalizations.
The descendants of these victims – their children, grandchildren, and great-grandchildren – are also exempt from the generational cut-off. This ensures that German citizenship can be passed on permanently within the family in these cases, without the risk of later loss due to birth abroad. This regulation reflects the fundamental principle of reparations and clarifies that current citizenship law must not perpetuate any lasting disadvantages stemming from the Nazi era. It is an expression of the constitutional principle of not repeating injustice, but rather of sustainably correcting its consequences.
5. FAQ Generational Cut
Does the generational average apply to all Germans living abroad?
No. The generational cut only applies if the German parent was born abroad after December 31, 1999, lives there, and the child also acquires another nationality by birth.
What happens if the birth is not registered within one year?
The child will then not acquire German citizenship, and this loss is permanent. Retroactive registration is no longer possible.
Where must the birth be registered?
At the relevant German diplomatic mission abroad or directly at Registry Office I in Berlin. Both offices register births abroad.
Does the generational average also apply if both parents are German?
Yes. Even if both parents are German, the generational cut-off occurs if the legal requirements are met and the birth is not reported in time.
6. Conclusion: Generational Average
The generational cut-off point represents a far-reaching and often underestimated regulation for many Germans living abroad. It means that German citizenship is not automatically passed on to children if there is no actual connection to Germany for several generations. Families in which the German parent was born abroad are particularly affected. It is therefore all the more important to strictly adhere to the one-year deadline for registering the birth so that the child still receives a German passport. For families with a migration background or a long history of living abroad, the generational cut-off point can lead to considerable uncertainty. At the same time, the legal exception for descendants of victims of Nazi injustice ensures a constitutionally compliant and just solution. Overall, it is clear: Anyone living permanently abroad and wishing to have German children should seek information early on to avoid losing their citizenship. VISAGUARD offers clear guidance and professional support from specialized lawyers in this area.
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List of Sources (Paywall)
[1] Hailbronner/Kau/Gnatzy/Weber, Nationality Law, 7th edition 2022, § 4
[2] Kluth/Breidenbach/Junghans/Kolb, The New Migration Law | Bibliography | 1st Edition 2024 (Paywall)