Acquiring German Citizenship for Children of German Citizens

On August 20, 2021, a significant amendment was added to Section 5 of the German Citizenship Law. This amendment has opened a ten-year window allowing the children of male and female German citizens to apply for German citizenship, even if the German Citizenship Law at the time of their birth did not allow them to obtain citizenship through their parents. This change significantly expands the circle of those eligible to a German passport.

In this article, we will delve into the conditions under which one can apply for German citizenship according to Section 5. Additionally, we’ll guide you through the application process step by step.

Our firm specializes in acquiring German citizenship under various clauses of the German Citizenship Law. If you believe you’re eligible or wish to assess your eligibility, you’re more than welcome to contact us. We’re here to assist you throughout the process.

How Has the New Amendment Transformed the German Citizenship Law?

Originally, the German Citizenship Law, enacted in 1949, denied many children of Germans the right to German citizenship. In 2021, the German government took a corrective measure to address this injustice, allowing these descendants to acquire German citizenship within a ten-year timeframe. This shift now offers a significant number of Israelis and Jews worldwide, descendants of German citizens, the opportunity to obtain German citizenship.

What are some sample cases of expanded eligibility ?

Descendants of a German-citizen mother who were born after May 23, 1949, and before January 1, 1975, if their father was not a German citizen, and their parents married before their birth.
Descendants born to a German-citizen father after May 23, 1949, and before July 1, 1993, if their mother was not a German citizen at the time of their birth, the father recognized them before their 23rd birthday, and their parents did not marry before July 1, 1998.
Descendants born after May 23, 1949, to a mother who was a German citizen but lost her German citizenship due to marrying a foreign citizen before April 1, 1953, if their father was not a German citizen at the time of their birth and they were born after the mother lost her citizenship.

As you can discern, the conditions that once limited descendants of German citizens from acquiring German citizenship were intricate and convoluted. While these scenarios might seem rare, many descendants lost their rights due to these limitations. Justice has been restored, at least for the upcoming decade. Hence, it’s crucial to act swiftly to acquire German citizenship while this window of opportunity remains open.

German Citizenship Application Process According to Paragraph 5 Amendment

The eligibility criteria for descendants under the amendment to Paragraph 5 are quite complex. However, the application process for citizenship is identical to the more common procedures under Paragraphs 116 and 15.

Before preparing the application, it’s essential to locate appropriate documents that prove the applicant’s eligibility. These documents must include confirmation of the parent’s German citizenship, marriage certificates if relevant, and more. In many cases, Jews who were former German citizens did not retain their personal German documents. As a result, these documents might need to be located within Germany. Our office assists clients in finding the appropriate documents by contacting the relevant archives in Germany.

After obtaining the necessary documents, you can then proceed to prepare the application. This requires acquiring relevant documents for both the applicant and the parent who was a German citizen from the state of Israel. These documents might include registration extracts from the Ministry of Interior, birth and death certificates, and marriage certificates, among others.

Official documents from Israel need to be translated to German and notarized. After the translation, the documents need to be stamped with an apostille seal.

The final step involves filling out the application forms in German. Only after this can the forms, along with all collected documents, be submitted to the Citizenship Department in Cologne. The examination of the application can take between two to three years before receiving a final response.

If you receive a positive response on your application, you won’t automatically get a German passport. Instead, the approval grants a citizenship certificate, confirming that the recipient is a German citizen in all respects. Upon receiving the affirmative response, applicants will be invited to schedule an appointment at the German Embassy in Israel to collect their citizenship certificate. Only after obtaining this certificate can one schedule an appointment to issue a passport, which incurs a fee of 81 euros (as of July 2023).

Acquiring Citizenship via Paragraph 5 Amendment – Seize the Opportunity!

As you can see, applying for German citizenship involves a multi-step process. The new amendment to Paragraph 5 significantly broadens the circle of those eligible for citizenship. However, it’s also one of the most intricate parts of the law. This amendment only opens a ten-year eligibility window, so it’s vital to act swiftly.

Being a very recent amendment, not every office assisting in German citizenship knows how to help those eligible under this change. We strive to stay updated with all changes in the German Citizenship Law, mastering the intricacies of various amendments to provide our clients with the best opportunity to acquire German citizenship.

If in the past you weren’t eligible for German citizenship due to restrictive laws, you might be eligible today. Our specialized office is eager to help you maximize this opportunity most efficiently.