6 ways you can acquire German citizenship
There are many different ways in which an individual can acquire German citizenship. Depending on your circumstances, you may have acquired German citizenship automatically or you may be eligible for discretionary naturalisation.
German citizenship by descent
German citizenship can be acquired by descent, although it is not always acquired automatically by descent.
If you were born to married parents:
You are likely to acquire German citizenship automatically if:
- Your father was German at the time of your birth
- Your mother was German at the time of your birth and you were born on or after 1 January 1975.
If your mother was German at the time of your birth and you were born before 1 January 1975, you will probably not have acquired German citizenship automatically, but you might be eligible for discretionary naturalisation.
If you were born to unmarried parents:
You are likely to acquire German citizenship automatically if:
- Your mother was German at the time of your birth.
- Your legal father was German at the time of your birth and you were born on or after 1 July 1993.
If your legal father was German at the time of your birth and you were born on or before 30 June 1993, you will probably not have acquired German citizenship automatically, but you might be eligible for discretionary naturalisation.
German citizenship through birth on German territory
A child born in Germany to non-German parents on or after 1 January 2000 may acquire German citizenship under certain conditions:
- At least one of the foreign parents must have been permanently resident in Germany for at least 8 years and – for children born on or after 28 August 2007 – the parent must also possess indefinite leave to remain in Germany.
Children born to foreign parents in Germany before 1 January 2000 did not acquire German citizenship and cannot retroactively apply for citizenship.
If you are a German national according to these provisions, you will receive a letter from the competent authority when you reach age 21, asking you to declare whether you wish to keep the German nationality or the foreign citizenship (so-called ‘opting procedure’, section 29 of the Nationality Act), unless:
- You have been habitually resident in Germany for 8 years.
- You have attended school in Germany for 6 years.
- You hold a school-leaving certificate or have completed vocational training in Germany.
You are exempt from the opting procedure if you have the citizenship of another EU country or Switzerland in addition to your German citizenship.
Acquisition of German citizenship by declaration
The Fourth Act Amending the Nationality Act, which entered into force on 20 August 2021, has created a ten-year right of declaration (Section 5 of the Nationality Act).
Children born to a German parent after 23 May 1949 who, under the version of the Reich and Nationality Act valid at the time of their birth, were excluded in a gender-discriminating manner from acquiring German citizenship by descent at birth, have the option of obtaining German citizenship by making a simple declaration to the competent citizenship authority. The option of acquisition by declaration also applies to their descendants.
The group of persons affected are:
- Children born after 23 May 1949 to a German parent who did not acquire German nationality by birth (children born in wedlock prior to 1 January 1975 to a German mother and a foreign father or children born out of wedlock prior to 1 July 1993 to a German father and a foreign mother),
- Children born after 23 May 1949 to a mother who lost her German citizenship through marriage to a foreigner pursuant to Section 17 (6) of the Reich and Nationality Act (old version) before the birth of the child prior to 1 April 1953,
- Children born after 23 May 1949 who lost their German nationality acquired by birth through legitimisation effected by a foreigner and valid under German law pursuant to Section 17 (5) of the Reich and Nationality Act (old version) prior to 1 April 1953, and
- Descendants of the children in paragraphs 1 to 3.
German citizenship by marriage
Foreign women who married a German citizen between 1 April 1914 and 31 March 1953 automatically acquired German citizenship.
Foreign women who married a German citizen between 1 April 1953 and 31 December 1969 could have acquired German citizenship under certain conditions.
German citizenship by adoption
If you were legally adopted under the age of 18 by at least one German citizen on or after 1 January 1977, you are a German citizen.
If the adoption took place outside Germany it has to meet certain requirements.
German citizenship on another basis
Citizens of the former German Democratic Republic are usually considered citizens of the reunited Federal Republic of Germany as well.
German minorities in central and eastern Europe may also have received German citizenship under certain circumstances during the Second World War.
German immigration support
If you have any questions about your citizenship status, or if you would like to apply for naturalisation as a German national, Smith Stone Walters can help.
Our Frankfurt based team can provide support in assessing your current circumstances and eligibility for a future application. To speak to a qualified immigration advisor, please contact us today.
