German citizenship law is generally based on the principle of descent. This means that German citizenship does not usually depend on the birth in Germany, but instead on being the descendant of a German parent.
This principle of descent especially becomes relevant when the applicant is born abroad and has ancestors from Germany. In this case, a parent must be a German citizen at the time the applicant is born.
If a German passport has not yet been applied for, one can file an application to confirm German citizenship. The applicant is eligible when the German citizenship was never lost over the course of the generations and this can be proven. If citizenship was given up or not retained, an application by declaration or re-naturalization procedure may be successful.
Because German citizenship law underwent regular changes, the applicant’s date of birth is a major factor for the success chances of the application. Generally, the law is applied that was in effect when the applicant was born.
The following shall demonstrate the most relevant changes and situations as well as the procedure of the confirmation application.
I. Children born in wedlock
Children born in wedlock between January 1st, 1914, and December 31st, 1974, could only gain German citizenship through a German father, whereas children born in wedlock after January 1st, 1975, can receive German citizenship form either German parent. Children of a married German mother could only receive her German citizenship when born between January 1st, 1964, and December 31st, 1974, and if they became stateless otherwise.
II. Children born out of wedlock
German citizenship could also be derived from an unmarried German mother since January 1st, 1914. Since July 1st, 1993, children of an unmarried German father could also receive their German citizenship after the paternity was formally confirmed.
III. Adoption
German citizenship can also be gained by being adopted from a German parent after January 1st, 1977.
IV. Application of confirmation
The application consists of a form, an appendix V as well as a number of supporting documents which mostly contains proof of the parents’ citizenships and must be presented as certified copies. It is to be noted that divorce decrees and custody agreements must be translated into German.
In every application of confirmation, the applicant must prove a legal, economic or factual interest pertaining to the confirmation of German citizenship. This has to be determined in each individual case.
The application for applicants abroad is submitted to the competent German mission aborad. They will then assess the completion of the application and subsequently forward it to the Federal Office of Administration (Bundesverwaltungsamt). After the application is granted, they issue a certificate of citizenship that can then be used to apply for a German passport.
V. Good to know
Children born abroad whose parents were also born abroad after December 31st, 1999, will only receive German citizenship through birth if their birth is registered with the proper German authorities within one year.
We at SNP Canada Ltd. Have specialised in German citizenship matters over the last 20 years and are happy to assist you with our expertise. We utilize our knowledge to assess and determine your situation and chances of success in an individual first consultation.
