German Citizenship Under Article 116(2) GG: Restitution for Victims of Nazi Persecution

Overview

Article 116(2) of the German Basic Law (Grundgesetz) gives a route to German citizenship to people whose German citizenship was taken from them between 1933 and 1945 because of Nazi persecution on political, racial, or religious grounds — and to their descendants. A companion provision, § 15 of the Nationality Act (Staatsangehörigkeitsgesetz – StAG), in force since 20 August 2021, closes the gaps for persecuted people and their descendants who fall outside Article 116(2). Together these two provisions are known as Wiedergutmachungseinbürgerung — naturalisation as a form of restitution.

What this is not: Article 116(2) does not concern ethnic German expellees or late resettlers (Spätaussiedler). That is an entirely separate framework (Article 116(1) GG and § 7 StAG read with the Federal Expellees Act). Article 116(2) is about people who already held — or would have held — German citizenship and lost it through Nazi persecution.

The Constitutional Basis

Article 116(2) GG provides: “Former German citizens who, between 30 January 1933 and 8 May 1945, were deprived of their citizenship on political, racial, or religious grounds, and their descendants, shall on application have their citizenship restored. They shall be deemed never to have been deprived of their citizenship if they took up residence in Germany after 8 May 1945 and have not expressed a contrary intention.”

Citizenship is treated as having been “deprived” (entzogen) on political, racial, or religious grounds in two situations: where it was lost automatically under § 2 of the 11th Ordinance to the Reich Citizenship Law of 25 November 1941, or where it was withdrawn in an individual case under the Law on the Revocation of Naturalisations and the Deprivation of German Citizenship of 14 July 1933. This constitutional entitlement has existed since 24 May 1949. People who resettled in Germany after 8 May 1945 are treated as never having lost their citizenship at all.

Who Qualifies Under Article 116(2)

Former German citizens deprived of citizenship between 30 January 1933 and 8 May 1945 on political, racial, or religious grounds.
Their descendants, with no generational cut-off, provided the family chain of descent can be documented.

The § 15 StAG Route (Since 20 August 2021)

Many people were persecuted but cannot use Article 116(2) because their citizenship was never formally “deprived” by the state — they lost it, or were kept from acquiring it, in other ways. § 15 StAG was created to reach exactly these cases. It benefits persons who, in connection with persecution on political, racial, or religious grounds between 30 January 1933 and 8 May 1945:

gave up or lost German citizenship before 26 February 1955 (in particular by being naturalised in another country on application);
were excluded from acquiring German citizenship by marriage, by legitimation, or through the collective naturalisation of ethnic Germans;
were not naturalised after applying, or were generally excluded from a naturalisation that would otherwise have been possible;
gave up or lost their habitual residence in Germany (within the borders of 31 December 1937), where that residence had been established before 30 January 1933 or, for a child, also after that date.

As with Article 116(2), the § 15 route is also open to the descendants of these persons.

Documents Required (non-exhaustive)

Required documents vary greatly depending on your exact situation.

For a person who was persecuted:

Birth certificate
Current identity document (ID card or passport)
Evidence of former German citizenship, or of the persecution-related denial of its acquisition
Evidence of the ground of persecution and the persecution measures
Proof of any name changes
Proof of acquisition of a foreign nationality, where applicable
Current police certificate of good conduct from your country of residence

For descendants, additionally:

Further civil-status records (birth and marriage certificates) documenting the chain of descent back to the persecuted ancestor
On request, a current police certificate of good conduct

Fees and Costs

The naturalisation procedure itself is free of charge. You may, however, incur costs for obtaining, translating, and certifying the documents you need to submit.

Frequently Asked Questions

My ancestor fled Nazi Germany and became a citizen of another country. Do I qualify?

Possibly. If their German citizenship was formally deprived, Article 116(2) GG applies; if they lost it in another way — for example by naturalising abroad — the § 15 StAG route is likely the right one. Descendants are included under both.

Is there a deadline or a limit on generations?

There is no application deadline, and descendants qualify regardless of generation, subject to documenting the chain of descent and to the § 15 limits on citizenship that was reacquired and lost again.

How much does it cost?

The procedure is free of charge; you only bear the cost of obtaining, translating, and certifying documents.

Last reviewed: August 2026 — RAin Fiona Macdonald

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