deutsche-Staatsbuergerschaft

Germany’s two top institutions Bundestag and Bundesrat have approved last Friday an amendment to the Nationality Act, which grants descendants of Nazi persecuted persons who suffered disadvantages in terms of nationality but who do not fall under the claim under Article 116 (2) of the Basic Law with the right to obtain German citizenship.

The German parliament Bundestag and Bundesrat, the legislative body that represents the sixteen Länder of Germany, on June 25, passed the Fourth Act to Amend the Nationality Act, which previously on August 30, 2019, had been enacted by the Ministry of the Interior.

The amendment grants the descendants of those persecuted by the Nazis who were stripped of their citizenship and who do not fall under the current laws to obtain German citizenship with the right of obtaining German citizenship.

According to a press release of the German Ministry of the Interior, children of German and former German citizens who were born before January 1, 1975, or before July 1, 1993, were excluded from the acquisition of German citizenship, as well as their descendants, were also taken into account.

In a second step, these regulations will now be converted into legal bases for claims, and comprehensive legal regulations will be created, some of which go beyond the enactments,” the press release explains.

It also notes that the law, in particular, regulates that the so-called generational cut does not apply in cases of nationality law compensation for NS injustice so that claims for compensation naturalization will not be subject to any time limit in the future either.

The generation average does not apply to births abroad either for descendants, the main parent of whom has already obtained German citizenship in the past, and the same are descendants of people who were persecuted by the Nazis.

Which means that these people are exempt from the requirement to lodge an application for certifying their birth in the birth register within one year after birth, in order to acquire German nationality.

The Federal Government of Germany had agreed to make changes to the Citizenship Act by making it possible for people who have been stripped of their German citizenship by National Socialism to apply for re-naturalization back on March 24, 2021.

Now the law will come into force on the day after it is published in the Federal Law Gazette, which date has still not yet been determined. Applications for restitution of the naturalization as well as declarations to acquire German citizenship can be filed after the law has come into force.