USA2Berlin From the USA to Berlin

German ancestry and citizenship

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

Complex law, individual facts. Everything below is general. Whether you already are, or can become, German depends on each link in your family chain. A lawyer or the Federal Office of Administration (BVA) must decide.

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

4. Loss through US 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 The provision is now repealed (§ 25: "weggefallen").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.

Procedure

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?

A question this page does not answer? Contact us. Free orientation only, no legal advice for individual cases.