German citizenship by declaration is the route for people who did not become German at birth only because German law used to treat mothers and fathers differently. Many Canadians with a German mother were told for decades that they had no claim. Since August 20, 2021, that has changed.
Key points at a glance
- Section 5 of the German Nationality Act (StAG) allows certain descendants of German mothers to acquire German citizenship by declaration.
- The typical case: born in wedlock before January 1, 1975 to a German mother and a non-German father.
- Children and grandchildren of a person entitled to declare can declare as well.
- The declaration has to reach the authorities by August 19, 2031.
- Applicants in Canada declare through a German mission. The Federal Office of Administration (BVA) in Cologne decides.
Was your mother or grandmother German? Book your consultation today and have your family line checked by our German lawyers in Calgary. Or start with our free German Citizenship Check.
Why many children of German mothers were not German
For a long time German nationality law passed citizenship mainly through the father. A child born in wedlock to a German mother and a foreign father did not become German at birth if born before January 1, 1975. Other rules worked against women as well: under older law, a German woman who married a foreigner could lose her German citizenship, and with it the possibility to pass it on.
The Fourth Act amending the Nationality Act ended this unequal treatment. It created a right of declaration in Section 5 StAG for the people affected and their descendants.
Who can acquire German citizenship by declaration?
The right of declaration applies to people born after the German Basic Law came into force on May 23, 1949, who fall into one of these groups:
- children of a German parent who did not acquire German citizenship at birth because of the old rules, above all children born in wedlock before 1975 to a German mother and a foreign father,
- children whose mother lost her German citizenship before their birth by marrying a foreigner,
- children who lost German citizenship acquired at birth through legitimation by a foreign father,
- the descendants of all these persons.
The last point matters for many families in Canada. Grandchildren can declare even if their parent never applied.
Who is excluded?
Section 5 (2) StAG excludes some people from the right of declaration. This includes people who could have become German by having their birth abroad registered in time under Section 4 (4) StAG and did not do so, or who can still do so.
Certain serious criminal convictions can also stand in the way. These exceptions are why every family history needs to be checked individually.
Declaration, descent or restoration: which route fits?
German citizenship by declaration is one of several routes. Which one applies depends on dates of birth, marriages and naturalizations in your family:
- If the chain of German nationality was never interrupted, you may already be German by birth. Read more about German citizenship by descent.
- If you are unsure whether you are German, a confirmation of German citizenship can establish your status.
- If an ancestor lost citizenship through Nazi persecution, restoration of German citizenship may apply.
How the declaration works from Canada
Applicants who live abroad submit the declaration through the competent German mission, in Canada the Embassy in Ottawa or one of the Consulates General. The mission checks the documents for completeness and forwards them to the BVA in Cologne. If the requirements are met, the BVA issues a certificate of acquisition of German citizenship. With it you can apply for a German passport.
You will typically need:
- your birth certificate and those of your parents,
- your parents’ marriage certificate,
- proof of your mother’s German citizenship at the time of your birth, for example an old passport or a certificate of citizenship,
- documents on any naturalization in your family.
Example from practice
Situation: Ms. R. from Edmonton was born in 1968 in Toronto. Her mother came from Hamburg, her father was Canadian. As a young woman she was told she could not be German.
Approach: We checked whether her mother was still German in 1968 and whether any exclusion applied. We then prepared declarations for Ms. R. and her two adult children.
Result: All three declarations were submitted through the German Consulate General with a complete set of documents.
(Fictional example based on typical cases from our practice.)
The deadline runs until August 19, 2031. Book your consultation today or call +1 587 349 3535.
Frequently asked questions
My mother was German, but I was not. Can I still become German?
Possibly. If you were born in wedlock before January 1, 1975 to a German mother and a non-German father, you did not acquire German citizenship at birth. Section 5 StAG now allows you to acquire it by declaration.
Can my children and grandchildren apply as well?
Yes. The right of declaration extends to the descendants of a person who is entitled to declare. Each descendant makes their own declaration, and children can be included together with their parent.
Is there a deadline for German citizenship by declaration?
Yes. The right of declaration can only be exercised within ten years after the law came into force on August 20, 2021. Declarations must therefore reach the authorities by August 19, 2031.
Where do I submit the declaration if I live in Canada?
Through a German mission in Canada, the Embassy in Ottawa or a Consulate General, which forwards it to the Federal Office of Administration (Bundesverwaltungsamt) in Cologne. The BVA decides and issues the certificate.
Do I have to give up my Canadian citizenship?
No. Canada permits dual citizenship, and since June 27, 2024 Germany generally accepts multiple citizenship as well. Acquiring German citizenship by declaration does not require you to renounce your Canadian citizenship.
What if I am not sure whether I am already German?
Then the first step is to clarify your status. Depending on the dates in your family, you may already be German by birth, may need to declare, or may have a claim to restoration. A confirmation procedure can establish the answer.
German citizenship by declaration repairs an old injustice. For many Canadians with a German mother or grandmother it is the simplest way to German citizenship, as long as the deadline has not passed.
Find out whether your family qualifies. Book your consultation today or call +1 587 349 3535. Rocky Mountain German Law Ltd., Suite 201, 8989 Macleod Trail S.W., Calgary, AB.
This article is for general information only and does not replace individual legal advice. For a binding assessment of your case, please contact Rocky Mountain German Law Ltd.
