Article 116 GG — Restoring Citizenship Lost Under Nazi Persecution

If your ancestors were stripped of their German citizenship — or forced to flee — because of Nazi racial laws, political persecution, or religious discrimination between 1933 and 1945, there is a dedicated legal pathway to reclaim that citizenship for yourself and your descendants. It is called Article 116(2) of the German Basic Law (Grundgesetz), and it remains one of the most significant — and most misunderstood — routes to German nationality.

What Is Article 116(2) GG?

Article 116(2) of the Grundgesetz provides that former German citizens — and their descendants — who had their citizenship revoked on political, racial, or religious grounds during the National Socialist period have a right to be renaturalised. Crucially, unlike other routes to German citizenship, this right extends to descendants of those who were persecuted, not just to the direct victims themselves.

This means that if your grandparent or great-grandparent fled Nazi Germany as a Jewish refugee, a political dissident, or a member of another persecuted group, you may have a legal right to German citizenship today — even if you were born and raised abroad, even if you have never visited Germany, and even if you do not speak German.

Who Does It Cover?

The provision covers people whose citizenship was revoked — or who were de facto driven out of the country — on the basis of: Race (in particular, persecution under the Nuremberg Laws targeting Jewish people and other ethnic groups); Political opinion or opposition to the Nazi regime; Religion (including Jehovah's Witnesses, Catholic and Protestant clergy who resisted, and others); Disability or other characteristics targeted by the regime.

It also covers people who were never formally denaturalised but were forced to flee and lost citizenship as a practical consequence of emigration during this period. Courts have recognised that the Nazi regime's actions cannot be treated as having legal force in creating statelessness.

What About the 2021 Law Change?

Prior to 2021, descendants of persecutees who were born before their parent acquired foreign citizenship were sometimes excluded from the Art. 116 route. The Fourteenth Act Amending the Nationality Act, which came into force in August 2021, significantly broadened the scope of Article 116 and the related provisions of the Nationality Act (StAG). It expressly brought in many previously excluded groups — including descendants born in the Jewish diaspora before their parents naturalised elsewhere, and children whose German mothers had lost citizenship upon marriage before gender equality reforms.

If you were told in the past that you did not qualify, it is worth having your case reassessed in light of the 2021 reforms.

Is There a Deadline?

Unlike applications under Section 5 of the Staatsangehörigkeitsgesetz (StAG) — which carries an application deadline of 19 August 2031 — there is currently no deadline for applications under Article 116(2) GG. However, gathering documentary evidence from archives can take considerable time, and official guidance has indicated that the law may be reviewed in future. Acting sooner rather than later is always advisable.

What Documents Are Typically Required?

Every case is different, but applications typically require evidence of: The ancestor's prior German citizenship (birth certificates, pre-war identity documents, passports); The persecution or revocation (Nuremberg Laws exemptions, emigration records, Nazi-era files from German archives); The family lineage connecting you to the persecuted ancestor (birth, marriage, and death certificates for each generation); Your own current identity documents.

Obtaining these records — particularly from German federal archives, regional Standesamt offices, or Jewish community archives — can take months. A lawyer who specialises in this area can help identify which archives to approach and how to interpret or certify documents issued in other countries.

Does It Affect My Other Nationality?

Germany generally requires renunciation of other nationalities upon naturalisation. However, persons who obtain citizenship under Article 116(2) — as a restoration of wrongfully withdrawn citizenship — are explicitly exempt from this requirement. You can hold German citizenship alongside your existing nationality. The same exemption applies to descendants naturalised under the related provisions of Section 15 StAG where the persecution connection applies.

How Do I Apply?

Applications are made to the German Embassy or Consulate in your country of residence, or directly to the relevant German authority if you are based in Germany. The process involves submitting a formal application with supporting documentation. An initial assessment can often identify relatively quickly whether a viable claim exists, before you invest significant time and money in gathering documents.

Speak With a Specialist

Fiona Macdonald is a German-qualified Rechtsanwältin with specialist expertise in citizenship restoration under Article 116 GG and the 2021 StAG reforms. She works with clients across the English-speaking world — in the UK, US, Canada, Australia, New Zealand, and beyond. Book a consultation at https://www.etermin.net/fmr-legal/serviceid/653027