The history of National Socialist persecution profoundly impacted countless German citizens, particularly Jewish individuals and other marginalized groups, many of whom lost their rights and German citizenship as a result.
While these events cannot be undone, the German constitution provides a pathway for redress. Article 116 Paragraph 2 of the Basic Law allows individuals and their descendants who were affected by this injustice to seek re-naturalisation.
This blog outlines the criteria and process for those interested in reclaiming their citizenship, exploring the historical context, legal framework and practical implications of this regulation and highlighting its ongoing relevance today.
Article 116 (2) Basic Law
Article 116 (2) Basic Law reads: "Former German citizens, who between January 30, 1933, and May 8, 1945, were deprived of their citizenship on political, racial, or religious grounds, and their descendants, shall on application have their citizenship restored."
This provision also extends to descendants who were unable to obtain German citizenship by descent due to the injustices faced by their ancestors.
This restitution naturalisation is classified as entitlement naturalisation, meaning that if the necessary criteria are met, individuals have a legally guaranteed right to re-naturalisation.
Historical Background
During the National Socialist dictatorship, various groups were persecuted based on their political beliefs, ethnic origin or religious affiliation, often resulting in the loss of their German citizenship.
This systematic exclusion stripped many of their overall rights. Between 30 January 1933 and 8 May 1945, two specific legal regulations facilitated mass expatriations:
1. Individual de-naturalisation under the "Law on the Revocation of Naturalization and the Withdrawal of German Citizenship" of 14 July 1933:
Based on this law, the National Socialists were able to revoke the citizenship of people who had been naturalised during the Weimar Republic, as well as their descendants, if they were deemed "undesirable" according to arbitrary, racial, civic or cultural criteria.
This applied particularly to political opponents and some population groups considered "undesirable." Even members of the Reich abroad were also threatened with deprivation of citizenship if they were deemed disloyal to the regime, were labeled as harming "German interests" or did not return to Germany after being asked to return. These measures mainly affected political emigrants and refugees who had sought refuge abroad.
2. Collective naturalisation in accordance with the "Eleventh Ordinance to the Reich Citizenship Act" of 25 November 1941:
This ordinance determined that all Jews who held habitual residence abroad automatically lost their German citizenship. It was aimed specifically at those Jews who had fled abroad to escape persecution and extermination by the Nazi regime. This measure was a further step in the systematic disenfranchisement and extermination of the Jewish population.
In both cases, citizenship was withdrawn either by a specific decision in individual cases or automatically in accordance with the provisions of the 1941 decree.
Entitlement to Naturalisation
Requirements
- Loss of citizenship due to withdrawal or deprivation. Individuals who were deprived of German citizenship between 30 January 1933 and 8 May 1945 due to political, religious or racial persecution may be eligible for restitution. Citizenship is considered to have been revoked if it was rescinded in individual cases under the "Law on the Revocation of Naturalization and the Withdrawal of German Citizenship" of 14 July 1933, or if it was automatically lost according to § 2 of the "Eleventh Ordinance to the Reich Citizenship Act" of 25 November 1941.
- Descendants of a person who was affected. Descendants of individuals who lost their German citizenship during this period for the reasons mentioned may also be eligible for restitution.
Possible exceptions
- Persons who returned to Germany after 8 May 1945 and meet the requirements of Article 116 Paragraph 2 section 2 of the Basic Law are deemed never to have been expatriated. In these cases, German citizenship is deemed to have been continuous since birth, unless the person has expressly expressed a contrary intention at the latest when settling in Germany, for example by accepting another citizenship.
- The entitlement also lapses if citizenship has already been regained in accordance with Article 116 (2) of the Basic Law but was later relinquished or lost.
Supplementary Regulations: Section 15 of the Citizenship Act (StAG)
In addition to the right to naturalisation under Article 116 (2) of the Basic Law, the Nationality Act offers a further option for naturalisation.
According to Section 15 of the Citizenship Act, since 20 August 2021, people who lost their German citizenship due to Nazi persecution in ways other than seizure, or who never had it, have the opportunity to regain it. This regulation also applies to their descendants, who can, in effect, now acquire German citizenship.
This regulation also aims to make amends for the injustice committed against persons who were subjected to National Socialist persecution and suffered disadvantages in terms of citizenship law as a result, but who have no claim to naturalisation under Article 116 (2) Sentence 1 of the Basic Law.
These include persons who gave up their German citizenship before 26 February 1955; were excluded from acquiring citizenship by law; were not naturalised after submitting their application or gave up their habitual residence in Germany.
Need to know more?
Fragomen can assist with this application process and help gather the necessary documents, including historical records from ancestors. This involves searching various archives, particularly city archives in the former residences of those ancestors, as well as federal government archives.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
