With the passage and entry into force of the constitution, as of August 20, 2021, descendants of Germans on their mothers side (fin specific cases on their father’s side) who were born on or after May 23, 1949, (maternal line) may now acquire German citizenship by declaration.
This new provision applies to descendants who could not obtain German citizenship due to old laws.
Eligible are children of a German parent who were born on or after May 23, 1949, and who did not receive German citizenship by birth. The same applies to children of a German mother or offspring born before January 1, 1975, in a marriage to a foreign father, and to illegitimate children of a German father or offspring and a foreign mother born before July 1, 1993.
The same also applies to children born after May 23, 1949, to a German mother who lost the right to German citizenship before the child’s birth because she married a foreigner before April 1, 1953, according to Section 17 No. 6 RuStAG, old version.
With the entry into force of the new constitution and the old provisions and laws of the former Empire and Nationality Act („Reichs- und Staatsangehörigkeitsgesetz“ – RuStAG), which applied at the time of birth and where citizenship was excluded and denied on the basis of gender or illegitimate children, the new amendment allows all those persons whose application was rejected for the above reasons to obtain German citizenship.
My German mother married my foreign father in 1951 (under current law, she is now eligible).
My German grandmother married an Argentine in 1952. In 1953, my father was born the legitimate child of a foreigner (under current law, he is now eligible).
My father is German, I was born 1985 as a child out of wedlock (under current law, I am now eligible).
My siblings, who were born in 1976-1978 to a German mother, have been granted citizenship; I was born in 1973, and could not acquire it under the old law (under current law, I am now eligible).
The average duration of the procedure to verify German citizenship with our service is 22 months, these times may vary depending on the operation and demand of the Ministry. Those who go through the procedure via the German embassy or consulate usually have a waiting time of more than 3 years.
As soon as the responsible ministry in Germany has fully approved the application for proof of German citizenship, the responsible office issues a certificate, the so-called Staatsangehörigkeitsbrief. This document can be used to apply for a German passport at the embassy or consulate of your place of residence.
