German Citizenship under Article 116: Restitution for Nazi-Era Persecutees
Article 116 of the German Basic Law grants a constitutional right to citizenship for descendants of those persecuted by the Nazi regime. The 2021 reform expanded eligibility further. Here's the complete guide.
K. Schneider
Counsel · Berlin Bar
What is Article 116 of the German Basic Law?
Who qualifies under Article 116?
The 2021 reform — what changed?
What documents do you need?
How to file and how long it takes
Restitution vs naturalization — what's the difference?
Key Facts
- 1Article 116(2) of the German Basic Law restores citizenship to those deprived of it by the Nazi regime between 1933 and 1945, and their descendants.
- 2There is no generational limit — children, grandchildren, and great-grandchildren all qualify.
- 3The 2021 reform expanded eligibility for descendants of German mothers and out-of-wedlock children.
- 4Germany permits dual citizenship for Article 116 restitution cases.
- 5Applications are filed with the Bundesverwaltungsamt (BVA) in Cologne.
- 6Processing time is 12 to 30 months.
- 7Persecution grounds include Jewish ancestry, political opposition, religious minorities, Roma/Sinti, LGBTQ, and disability.
Frequently Asked Questions
What is Article 116 of the German Basic Law?
Article 116(2) of the German Grundgesetz restores German citizenship to former citizens who were deprived of it between January 30, 1933 and May 8, 1945 on political, racial, or religious grounds, and to their descendants. It is a constitutional restitution, not a grant — applicants are deemed to have been German citizens since birth.
Who qualifies for German citizenship under Article 116?
Descendants of German citizens persecuted by the Nazi regime between 1933 and 1945 qualify for Article 116 restitution, with no generational limit. Persecution grounds include Jewish ancestry, political opposition, religious minorities, Roma/Sinti, LGBTQ individuals, and people with disabilities. The 2021 reform expanded eligibility for descendants of German mothers and out-of-wedlock children.
How long does an Article 116 German citizenship case take?
Article 116 German citizenship cases typically take 12 to 30 months to process, depending on the complexity of the case and the availability of Nazi-era records at the Bundesarchiv. Applications are filed with the Bundesverwaltungsamt (BVA) in Cologne.
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