German citizenship is primarily established through descent from a German legal mother and/or father. Learn about the various pathways to claim your German citizenship through ancestry.
In general, German citizenship is not established through birth on German territory but by descent from a German legal mother and/or a German legal father. There are several pathways to German citizenship by descent, depending on when and under what circumstances you or your ancestors were born.
If you don't qualify for citizenship by descent, you may still be eligible for naturalization after residing in Germany.
Historical Context: Germany's restrictive descent laws stem from its complex 20th-century history and efforts to address Nazi-era injustices, rather than promoting general heritage-based citizenship like other European countries.
Applying for German citizenship by descent is a nuanced journey that demands attention to detail. Once eligibility has been assessed and determined, you'll need to gather the necessary documents and submit your application.
The required documents vary on a case-by-case basis but generally include:
Original or notarized copies of documents are generally required. Documents must be in German or, in some instances, English. Documents in other languages must be translated and stamped by an official translator.
Consultation with German immigration attorney specializing in Article 116
Essential to determine if case has merit. Most people do not qualify for descent.
Research in German Federal Archives and historical records
Requires specialized researchers familiar with German historical records and persecution documentation.
Historical documents, persecution records, family lineage proof
May require documents from multiple countries and historical archives. Apostille required.
Preparation of comprehensive legal case with constitutional law arguments
Requires expertise in German constitutional law and Article 116 jurisprudence.
Filing with BAMF and ongoing legal representation during review
Includes representation during government review process and potential hearings.
Legal representation for appeals if initially denied
Many Article 116 cases require appeals. Additional court costs may apply.
Certified translations of all historical documents into German
All non-German documents must be translated by certified court translators.
Research trips to Germany, archive access fees, document retrieval
May be necessary for complex historical research or in-person archive access.
If you believe you may qualify under the limited circumstances above, the process typically involves:
Consult with a German immigration attorney to assess your specific case
Extensive research into German archives, persecution records, and family history
Submit formal application to German authorities with comprehensive documentation
German authorities review case and may request additional evidence
Total Estimated Cost: $3,500-9,000+ | Timeline: 2-5 years | Success Rate: Highly variable depending on case specifics
German citizenship is primarily established through descent from a German legal mother and/or a German legal father, not through birth on German territory. The specific rules depend on when and under what circumstances you were born.
It depends on when you were born and whether your parents were married. If you were born after January 1, 1975, you acquired German citizenship if your mother was German. If you were born between 1964-1974 in wedlock, you only acquired German citizenship if you would have been stateless otherwise. If born out of wedlock after January 1, 1914, you acquired German citizenship from your German mother.
If you were born after July 1, 1993, you acquired German citizenship if paternity was established according to German law. If born before July 1, 1993, you may acquire citizenship by declaration before your 23rd birthday if paternity has been established and you've resided in Germany for at least three years.
If you were adopted as a minor by at least one German citizen on or after January 1, 1977, you are a German citizen. If the adoption happened outside Germany, it has to meet certain requirements.
If your ancestor lost German citizenship due to Nazi persecution between 1933-1945 on political, racial, or religious grounds, you may have a claim to German citizenship under Article 116(2) of the German Basic Law.
As of 2024, Germany now allows dual citizenship for naturalization applicants. For citizenship by descent, dual citizenship has generally been allowed, but the specific rules depend on your situation.
For standard cases, processing typically takes 6-12 months. The duration can vary based on case complexity, documentation completeness, and the authorities' workload.
Since German citizenship by descent is so limited, explore other EU pathways that may be available to you