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Naturalization of former Germans
All information about naturalization if you have previously been a German citizen.
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What naturalization rules apply to former Germans?
how you can become a naturalized citizen again
Requirements for the naturalization of former Germans
which residence rights apply in the case of naturalization
1. Naturalization of former Germans
2. Requirements for naturalization
3. Discretion in the naturalization of former Germans
4. Administrative practice regarding naturalization
5. FAQ on Naturalization
6. Conclusion on naturalization
1. Naturalization of former Germans
The renaturalization of former citizens can be of considerable practical importance for those who have lost their German citizenship . Often, the loss of citizenship is based on automatic legal consequences, which is why renaturalization is frequently the second step in a process of regaining citizenship. Renaturalization itself is not an entitlement but a discretionary measure, the prerequisites and scope of which require complex case-by-case assessments.
Particular challenges arise from the multitude of substantive criteria that the authorities regularly consider, despite the formally less stringent requirements of Section 13 of the Nationality Act . While the wording of the provision does not explicitly require, for example, a secure means of subsistence , the Federal Office of Administration nevertheless examines German language skills, financial circumstances, and ties to Germany in practice. Furthermore, the exercise of discretion—due to a lack of clear legal guidelines—is largely shaped by internal administrative directives that are not made transparent to the public.
2. Requirements for naturalization
The renaturalization of former German citizens under Section 13 of the German Nationality Act (StAG) initially requires that the applicants previously held German citizenship and subsequently lost it. In practice, this often occurs through automatic loss. Earlier losses due to the obligation to choose one nationality or enlistment in foreign armed forces can also be relevant. Additionally, it must be examined whether German citizenship may have already been regained through adverse possession under Section 3 Paragraph 2 of the StAG.
Further requirements concern habitual residence and general naturalization requirements . While there are arguments in favor of applying Section 13 to former Germans residing in Germany, the clear wording of the law does not permit this, so Section 8 of the Nationality Act (StAG) is regularly applied in such cases. Regardless, the applicant's identity and nationality must be established, they must be legally competent or represented, they must not have committed any serious crimes, and no grounds for exclusion under Section 11 of the Nationality Act (StAG) may exist. Even though Section 13 does not require a secure livelihood, the applicant's financial circumstances are frequently examined within the scope of the authorities' discretion, so that the practical application of this provision is, in some respects, similar to a regular naturalization process.
3. Discretion in the naturalization of former Germans
The exercise of discretion in naturalization proceedings under Section 13 of the German Nationality Act (StAG) is legally complex because the provision grants a right to naturalization , yet only limited guidelines exist from case law and administrative practice. Case law on the exercise of discretion under Section 13 StAG initially demonstrates that the courts – particularly the Federal Administrative Court (BVerwG) – have not recognized a "statutory requirement of benevolence." The court thus rejected the notion that the provision contains a structural preference in favor of naturalization. Whether this case law is applicable to the new version of Section 13 StAG remains unclear. However, the Federal Administrative Court's case law on the principle of restitution in Article 116 Paragraph 2 of the Basic Law (GG) is significant. In a 2001 ruling, the court emphasized that this constitutional mandate must be taken into account when applying Section 13. In cases where the loss of German citizenship is due to National Socialist persecution or where those affected were excluded from acquiring citizenship because of the persecution, the idea of restitution is so prominent that naturalization can only be refused in exceptional cases.
In administrative practice, it is evident that, due to a lack of current, generally binding guidelines from the Federal Ministry of the Interior (BMI), the Federal Office of Administration (BVA) largely relies on internal decrees and working instructions that are not published and have no direct external effect. The BVA regularly stipulates minimum requirements in its information sheets, such as the ability to support oneself, German language skills, and close ties to Germany. At the same time, the discretionary power of the authorities varies considerably depending on the case category, without the legal basis for these decisions being disclosed. These divergent approaches demonstrate the absence of clear, normative guidelines and the fact that administrative practice sometimes compensates for politically motivated adjustments to previous legislation. Overall, the framework for exercising discretion in naturalization proceedings is difficult to understand, making decisions hard to predict.
4. Administrative practice regarding naturalization
If you wish to apply for naturalization, you must initiate the corresponding administrative procedure. The naturalization process is usually handled through German diplomatic missions abroad , which review the documents and provide opinions on the applications. However, it is not entirely clear whether this involvement has a sound legal basis or what legal influence these opinions actually have on the Federal Office of Administration's decision. Therefore, some uncertainty remains regarding the criteria the Federal Office of Administration uses to exercise its discretionary powers regarding naturalization.
Ifan appeal is unsuccessful, an action for performance can be brought against a negative decision. In such cases, the court will generally only order the authority to reconsider the application in accordance with the court's legal opinion. Fees are only incurred in exceptional cases: Anyone who lost their German citizenship through marriage to a foreign national is completely exempt from naturalization fees according to Section 38 Paragraph 3 No. 3 of the Nationality Act (StAG). For former Germans residing in Germany, Section 8 of the Nationality Act (StAG) generally applies (discretionary naturalization). The Residence Act (AufenthG) also contains a specific legal basis for the residence of former Germans in Section 38.
5. FAQ on Naturalization
When is someone considered a "former German"?
A person is considered a former German if they legally possessed German citizenship and later lost it.
Do I have a right to naturalization?
No. Naturalization under Section 13 of the Nationality Act is a discretionary decision. This means that the Federal Office of Administration (BVA) decides on naturalization and weighs various factors.
How does the process work?
The application is usually submitted through German diplomatic missions abroad. These missions review the documents and issue statements. The Federal Office of Administration makes the final decision. In case of rejection, an appeal and a lawsuit for performance can be filed.
What residence rights do I have during the proceedings?
Former Germans have a special right of residence under Section 38 of the Residence Act, which in many cases enables a legally secure return to Germany.
6. Conclusion on naturalization
Regaining German citizenship is a legally complex process that differs significantly from regular naturalization . While renaturalization under Section 13 of the German Nationality Act (StAG) is not governed by a fixed set of requirements, the authorities in practice examine numerous criteria similar to those used in regular naturalization. This often leads to uncertainty and unclear expectations for applicants. The highly discretionary nature of the process is particularly challenging. Due to a lack of transparent administrative regulations, decisions are not always predictable, and the chances of success vary depending on the specific circumstances. For those affected, this means that careful preparation of the application and a sound legal argument—especially regarding personal ties, economic integration, and any special historical circumstances—are crucial for successful renaturalization.
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[1] Hailbronner/Kau/Gnatzy/Weber, Nationality Law, 7th edition 2022, § 30
[2] Regarding the exercise of discretion in the naturalization of former Germans, see BVerwG, judgment of 21 October 1986, 1 C 44/84
[3] For renaturalization pursuant to Section 13 of the Nationality Act after a loss pursuant to Section 28 of the Nationality Act, see the decree of the Federal Ministry of the Interior dated 26 October 2010, file number V II 5 124 111 – 35/0
[4] For renaturalization pursuant to Section 13 of the Nationality Act without a retention permit, see the Federal Office of Administration's working note of 1 April 2014, file numbers S II 1 - 1.7.3.1 and S II 1 – 1.1.4
[5] For discretionary guidelines (including language proficiency requirements) under Section 13 of the Nationality Act, see the Federal Office of Administration's working note of 15 December 2011, file no. III B 1 – 1.1.4 / III B 2 – 1.7.20.13/14 and of 4 May 2021, file no. T II 1 – 1.1.4 / T II 1 – 1.7.20.13 and 14
[6] Regarding the international law requirement of naturalization, see Article 9 of the European Convention on Naturalization.
[7] BMI, Preliminary application guidelines of the Federal Ministry of the Interior on the Nationality Act (VAH-StAG), as of 1 June 2015
[8] Section 13 of the Nationality Act in the consolidated version published in the Federal Law Gazette Part III, Classification Number 102-1, as last amended by Article 2 of the Act of 22 March 2024 (Federal Law Gazette 2024 I No. 104)