Restoration of German citizenship is open to former German citizens who lost their nationality through Nazi persecution, and to their children, grandchildren and great-grandchildren, many of whom live in Canada.
Key points at a glance
- Restoration of German citizenship rests on two legal bases: Article 116 (2) of the Basic Law and Section 15 of the Nationality Act (StAG).
- Both routes cover people persecuted on political, racial or religious grounds between January 30, 1933 and May 8, 1945, and their descendants.
- Every descendant has an individual claim. Grandchildren can apply even if their parents never did.
- The application is free of charge. Applicants abroad apply to the Federal Office of Administration (Bundesverwaltungsamt) in Cologne.
- You do not have to give up your Canadian citizenship.
- Processing often takes two to three years, so complete documents from the start save a lot of time.
Not sure whether your family history qualifies? Book your consultation today or call us at +1 587 349 3535.
Who can have German citizenship restored?
Restoration of German citizenship is not a regular naturalization. It is a form of restitution for injustice committed by the Nazi regime. Many families who fled Germany in the 1930s and 1940s settled in Canada, the United States, the United Kingdom or Israel. Their descendants often do not know that they may have a claim.
A claim can arise if an ancestor
- was deprived of German citizenship by the Nazi regime, for example by individual revocation or by the 11th Decree to the Reich Citizenship Law of November 25, 1941,
- lost or renounced German citizenship in connection with persecution, for instance through naturalization abroad after fleeing,
- was excluded from acquiring German citizenship, or was refused naturalization despite applying,
- had habitual residence in Germany before January 30, 1933 and lost it because of persecution.
In our experience, the decisive question is rarely whether persecution took place. It is whether the documents show how and when German citizenship was lost, and how the family line runs from the ancestor to you.
Article 116 (2) Basic Law or Section 15 StAG: which route applies?
Article 116 (2) of the German Basic Law gives former German citizens who were deprived of their citizenship between 1933 and 1945 on political, racial or religious grounds, and their descendants, a constitutional right to have their citizenship restored.
Section 15 of the Nationality Act entered into force on August 20, 2021. It closes the gaps Article 116 (2) left open. It covers persecuted persons whose citizenship was not formally revoked but who lost it in other ways, for example
- by acquiring a foreign citizenship after emigrating,
- by marrying a foreign national,
- by being excluded from collective naturalizations or from acquiring citizenship through marriage or legitimation.
Section 15 applies only where Article 116 (2) does not. Which route fits your case depends on the exact legal ground of the loss, and on the order in which your ancestor lost German citizenship and acquired a foreign one. This is where applications most often go wrong.
What changed for descendants since 2020?
For a long time, descendants were excluded if the family line ran through a German mother and a foreign father, or through a German father whose child was born out of wedlock. In 2020 the Federal Constitutional Court decided (2 BvR 2628/18) that this exclusion violated the Basic Law.
Today the following children and their descendants are included:
- children born in wedlock before April 1, 1953 to a German mother who was deprived of citizenship and a foreign father,
- children born out of wedlock before July 1, 1993 to a German father who was deprived of citizenship and a foreign mother.
If your application was rejected in the past on these grounds, you can apply again.
How does the application work from Canada?
Applicants living abroad apply to the Federal Office of Administration (Bundesverwaltungsamt, BVA) in Cologne. The application can be submitted through the German missions in Canada, which check the documents and forward them. There is no fee for the application.
The BVA typically asks for
- the completed application form for each applicant, including children,
- proof of the ancestor’s German citizenship, such as a passport, a naturalization certificate or registry entries,
- documents showing the persecution and the loss of citizenship,
- birth and marriage certificates linking every generation from the ancestor to you,
- police clearance certificates for all applicants aged 14 or older, not older than two years at the time of the decision.
Foreign documents may have to be translated into German, and some require an apostille. Serious criminal convictions can stand in the way of a claim under Section 15, so a clean record matters.
Do I have to give up my Canadian citizenship?
No. Applicants under Article 116 (2) and Section 15 do not have to renounce their current citizenship. Canada also permits dual citizenship. Since June 27, 2024 Germany generally accepts multiple citizenship as well. You can read more in our overview of dual citizenship between Germany and Canada.
How long does it take?
According to the German missions, applications under Section 15 currently take about two to three years, and in some cases considerably longer. Status inquiries do not speed up the process. Incomplete files cause further delays, because the BVA then requests missing documents and the file waits.
- Collect archive records before you apply, not after.
- Check that names and dates match across all certificates.
- Apply for all eligible family members at the same time.
Example from practice
Situation: Ms. K. from Calgary knew that her grandfather had left Berlin in 1938 and later became a British subject before moving to Canada. The family assumed that his German citizenship had simply expired.
Approach: We traced the grandfather’s residence and emigration records and checked whether his citizenship had been revoked by decree or lost through his later naturalization. The answer decided between Article 116 (2) and Section 15.
Result: Ms. K. and her two children submitted their applications together with a complete set of documents to the BVA.
(Fictional example based on typical cases from our practice.)
Every family history is different. Book your consultation today and have your case assessed by our German lawyers in Calgary.
Step by step to restored German citizenship
- Gather family records. Collect passports, certificates, letters and emigration papers of the ancestor and every following generation.
- Identify the legal basis. Determine whether Article 116 (2) or Section 15 StAG applies to the way your ancestor lost German citizenship.
- Request archive documents. Missing proof can often be found in German state and municipal archives or in the records of the Federal Archives.
- Prepare the application. Complete the BVA forms for each applicant, add translations and police clearance certificates.
- Submit and follow up. Submit through a German mission in Canada or directly to the BVA and respond promptly to any requests.
Frequently asked questions
Can I apply if my parents never applied?
Yes. Every descendant has an individual claim. Grandchildren and great-grandchildren can apply even if their parents or grandparents did not, as long as the family line from the persecuted ancestor to them can be documented.
Is there a deadline for restoration of German citizenship?
Claims under Section 15 StAG are not subject to a deadline. This distinguishes them from the declaration procedure under Section 5 StAG for children of German mothers, which is time limited. Waiting still makes documents harder to obtain.
Does restoration of German citizenship cost anything?
The application to the Federal Office of Administration is free of charge. Costs can arise for certificates, apostilles, translations and archive searches, and for legal advice if you choose to have your case prepared by a lawyer.
Do I need to speak German?
The information published by the German missions on Article 116 (2) and Section 15 does not name German language skills as a requirement. Restoration is a form of restitution, not a regular naturalization. We check the current requirements for your individual case.
Can I keep my Canadian citizenship?
Yes. You do not have to give up your Canadian or any other citizenship to have German citizenship restored under Article 116 (2) or Section 15. Canada also allows its citizens to hold another citizenship.
How do I find a lawyer for German citizenship restoration in Canada?
Look for German qualified lawyers who work with the Federal Office of Administration regularly. Rocky Mountain German Law advises clients on restoration of German citizenship from its office in Calgary.
Restoration of German citizenship gives descendants of persecuted Germans a real way back to German nationality, often without them knowing it. The legal basis and the documents decide whether an application succeeds and how long it takes.
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.
