German ancestry and citizenship

Descent (StAG §§ 4, 5), Nazi-persecution cases (Art. 116 (2) GG, § 15) and loss under the old § 25.

1. Descent: StAG § 4

A child born to a German parent acquires German citizenship at birth (§ 4 (1)). Generational cut-off (§ 4 (4)): if the German parent was born abroad after 31 Dec 1999 and lives there, the child does not acquire it unless the birth is registered within one year. The cut-off does not apply to descendants of people covered by Art. 116 (2) GG or § 15 (§ 4 (5)). Source: § 4 StAG.

2. Declaration for children not covered: StAG § 5

Children born after the Basic Law came into force who did not acquire citizenship at birth (for example because the mother was German, but the rules then only gave it through the father) can acquire it by declaration, as can their descendants, unless excluded (criminal conviction, § 11). Deadline: 10 years after the 2021 amendment came into force, so until August 2031 (§ 5 (3); amendment effective 20 Aug 2021). Source: § 5 StAG.

3. Descendants of Nazi persecution victims: Art. 116 (2) GG and § 15 StAG

• Former German citizens deprived of citizenship for political, racial or religious reasons between 30 Jan 1933 and 8 May 1945 (Art. 116 (2) GG) and their descendants. Further groups are covered by § 15 StAG, which gives a right to naturalisation on application (text).
• § 15 also covers people who were prevented from acquiring citizenship (marriage, legitimation, collective naturalisation) or who left Germany because of persecution.
• Excluded: those who after 8 May 1945 acquired German citizenship and later lost it, and persons convicted of an intentional offence to at least 2 years' imprisonment or sentenced with preventive detention.
• Dual citizenship is accepted for these cases.

4. Loss through Canadian naturalisation: old § 25 StAG

Until 26 June 2024, § 25 StAG caused loss of German citizenship on voluntary naturalisation in another country without prior permission. The provision is now repealed (§ 25: "weggefallen"). A loss under the old § 25 before 27 June 2024 stays in place; the repeal does not heal it retroactively. Re-naturalisation from abroad is possible under § 13 StAG. Ask the BVA. Canada itself allows dual citizenship, so the Canadian side is not an obstacle (canada.ca; check the current rules for your case).

Procedure

• The Federal Office of Administration (BVA) handles proof of citizenship ("Feststellung") and applications from abroad via German missions. bva.bund.de. Fees, current processing times and form names: check there. Since the Embassy in Ottawa has no consular services, we did not verify through which mission such applications are filed in Canada.
• You need civil-status records for each generation: Documents and apostille.
• If you already live in Berlin, the competent authority is the Berlin citizenship office. Not verified here which unit.
• Do not pay brokers. See Scams.

If you are German, you need no residence permit; apply for an ID card or passport. If you are not yet German, use the other routes meanwhile: Which route?