The Application of Acquisition of Declaration – Another Path to German Citizenship?

The Fourth Amendment to the Nationality Act, which came into force on 20.08.2021, creates a ten-year right of declaration that gives children born after 23.05.1949 to a German parent the opportunity to obtain German citizenship by means of a simple declaration. The new regulation now gives those entitled to make a declaration the opportunity to submit the declaration to the competent German authority until August 19, 2031.

The Federal Office of Administration (BVA) is the competent citizenship authority for persons who have their habitual residence abroad. This means that only the BVA can make a final statement on the existence or non-existence of German citizenship. All applications to acquire German citizenship by declaration are submitted to the BVA via the embassies or consulates general, where a decision is then made.

The reason for the new amendment to the law coming into force is to remedy the gender-specific discrimination in the Citizenship Act of 1913, which remained in place even after the Constitution came into force. The unequal treatment of cases and the gender-discriminatory law do not comply with the legal requirements of the Constitution. The legal basis for obtaining a declaration can be found in Section 5 of the Citizenship Act (StAG).

Groups addressed by Section 5 of the Nationality Act are children who did not automatically become German nationals because they were born in wedlock before January 1, 1975, to a German mother and a non-German father or born out of wedlock to a German father and a foreign mother. Additionally subject to the law are also children born after May 23, 1949, who lost their German nationality acquired by birth through legitimisation effected by a foreigner and valid under German law. Furthermore, children born after May 23, 1949 to a mother who lost her German citizenship through marriage to a foreigner may also be eligible applicants. The regulation also applies to descendants of those eligible to declare.

However, a person is not eligible to declare if they have previously held German nationality by birth or after losing it due to legitimate recognition by a foreigner under German law, but have subsequently renounced, lost, or rejected it, or if they were born as a descendant of such a person after its renunciation, loss, or rejection.

Finally, the birth of a child born abroad must be registered within one year if the German parent was born abroad after December 31, 1999. Otherwise, the child cannot acquire German nationality by declaration.

The application has to be submitted at the responsible German representation abroad, where it is checked for completeness before being forwarded to the Federal Office of Administration (BVA). After a positive decision, a certificate of acquisition of German citizenship is issued. This can be used to apply for a passport.

The Application of Acquisition of Declaration – Another Path to German Citizenship?

The Fourth Amendment to the Nationality Act, which came into force on 20.08.2021, creates a ten-year right of declaration that gives children born after 23.05.1949 to a German parent the opportunity to obtain German citizenship by means of a simple declaration. The new regulation now gives those entitled to make a declaration the opportunity to submit the declaration to the competent German authority until August 19, 2031.

The Federal Office of Administration (BVA) is the competent citizenship authority for persons who have their habitual residence abroad. This means that only the BVA can make a final statement on the existence or non-existence of German citizenship. All applications to acquire German citizenship by declaration are submitted to the BVA via the embassies or consulates general, where a decision is then made.

The reason for the new amendment to the law coming into force is to remedy the gender-specific discrimination in the Citizenship Act of 1913, which remained in place even after the Constitution came into force. The unequal treatment of cases and the gender-discriminatory law do not comply with the legal requirements of the Constitution. The legal basis for obtaining a declaration can be found in Section 5 of the Citizenship Act (StAG).

Groups addressed by Section 5 of the Nationality Act are children who did not automatically become German nationals because they were born in wedlock before January 1, 1975, to a German mother and a non-German father or born out of wedlock to a German father and a foreign mother. Additionally subject to the law are also children born after May 23, 1949, who lost their German nationality acquired by birth through legitimisation effected by a foreigner and valid under German law. Furthermore, children born after May 23, 1949 to a mother who lost her German citizenship through marriage to a foreigner may also be eligible applicants. The regulation also applies to descendants of those eligible to declare.

However, a person is not eligible to declare if they have previously held German nationality by birth or after losing it due to legitimate recognition by a foreigner under German law, but have subsequently renounced, lost, or rejected it, or if they were born as a descendant of such a person after its renunciation, loss, or rejection.

Finally, the birth of a child born abroad must be registered within one year if the German parent was born abroad after December 31, 1999. Otherwise, the child cannot acquire German nationality by declaration.

The application has to be submitted at the responsible German representation abroad, where it is checked for completeness before being forwarded to the Federal Office of Administration (BVA). After a positive decision, a certificate of acquisition of German citizenship is issued. This can be used to apply for a passport.