Germany Lists 4 Groups Eligible for Citizenship by Declaration Under 2021 Nationality Law

• Germany identified four groups of people who may obtain citizenship through a formal declaration under a 2021 amendment to its Nationality Act
• The provision targets individuals denied German citizenship at birth due to gender-discriminatory rules in older nationality legislation
• People living outside Germany can submit their declaration directly to the Federal Office of Administration or a German diplomatic mission abroad

Germany has identified four categories of people who qualify to obtain German citizenship through a declaration to the relevant citizenship authority, bypassing the standard naturalisation process entirely.

The provision was introduced under the Fourth Act Amending the Nationality Act, which came into force on 20 August 2021.

According to the German Federal Foreign Office, the measure creates a ten-year window under Section 5 of the Nationality Act, covering individuals who were historically denied citizenship at birth due to gender-discriminatory provisions in earlier versions of German nationality law, as well as their descendants.

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The Federal Foreign Office outlined the following four categories of eligible persons.

The first covers children born after 23 May 1949 to a German parent who did not pass on German nationality at birth.

This includes children born in wedlock before 1 January 1975 to a German mother and a foreign father, or children born out of wedlock before 1 July 1993 to a German father and a foreign mother.

The second category covers children born after 23 May 1949 to a mother who lost her German citizenship by marrying a foreign national under Section 17(6) of the old Reich and Nationality Act, where that marriage occurred before the child's birth and before 1 April 1953.

The third group comprises children born after 23 May 1949 who lost German nationality acquired at birth through a legitimisation by a foreigner valid under German law, under Section 17(5) of the old Reich and Nationality Act, before 1 April 1953.

The fourth category encompasses descendants of all persons falling under the first three groups.

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The reform is rooted in Germany's Basic Law, which came into force on 23 May 1949. The amendment acknowledges that earlier nationality legislation treated children differently depending on the gender of their German parent or the nature of their parents' relationship, outcomes that conflict with Germany's constitutional principles of equality.

How to Submit a Citizenship Declaration

The citizenship declaration does not involve a naturalisation process.

Eligible individuals make a formal declaration to the competent citizenship authority, and once all required conditions are satisfied, the declaration takes effect upon receipt by that authority.

Those living outside Germany have two options available to them.

They may submit the declaration directly to the Federal Office of Administration, which serves as the competent authority for persons resident abroad, or they may approach the nearest German diplomatic mission in their country.

Source: YEN.com.gh