Latest news
New law planned
On 24 March 2021, the Federal Cabinet adopted the draft bill on the Fourth Act Amending the Nationality Act. The bill will go through parliament in the next few months.
The aim of the new law is to create a new legal framework for the restitution of citizenship for the victims of National Socialist persecution and their descendants. The bill includes legal entitlements to naturalisation for persons who lost their German citizenship or never even obtained it due to National Socialist persecution, and who are not already entitled to restoration of citizenship under Article 116 (2) of the Basic Law (Grundgesetz). The entitlement to naturalisation will also apply to all descendants of the persons concerned.
Further information on this can be found in the press release from the Federal Ministry of the Interior, Building and Community.
Federal Constitutional Court decision 2 BvR 2628/18 of 20 May 2020 has made it possible for more people to claim citizenship under Article 116 (2) sentence 1 of the Basic Law.
With immediate effect, the term “descendants” within the meaning of Article 116 (2) sentence 1 of the Basic Law also includes
- children born in wedlock prior to 1 April 1953 to mothers who were forcibly deprived of their German nationality and foreign fathers
- and children born out of wedlock prior to 1 July 1993 to fathers who were forcibly deprived of their German nationality and foreign mothers.
Persons affected by this ruling, whose applications for naturalisation under Article 116 (2) sentence 1 of the Basic Law have previously been rejected in line with the existing case-law, may submit a new application; no special form is required.
Affected persons whose citizenship application under Article 116 (2) sentence 1 of the Basic Law was rejected in the past on the basis of the legislation in force at the time can contact the diplomatic mission about this at any time.
