German Citizenship Under Section 5: Naturalization Without Residence Requirement

§ 5 of the Nationality Act (Staatsangehörigkeitsgesetz – StAG) allows certain people to acquire German citizenship by a simple declaration (Erklärungserwerb), without a naturalisation procedure. It is aimed at people who were excluded from German citizenship by historical, gender-discriminatory rules in nationality law, together with their descendants. It requires no residence in Germany, no language test, and no fee.

Who May Qualify Under § 5 StAG?

People born before 1 January 1975 to a German mother and a foreign father, who did not acquire German citizenship at birth.
People who lost or were denied German citizenship through marriage, legitimation, or related gender-discriminatory rules before the law was reformed.
Descendants of either of the above groups.

Key Features of § 5 StAG

Acquisition is by declaration rather than discretionary naturalisation: if you fall within one of the eligible groups and submit a valid declaration, citizenship follows as of right. There is no residence requirement and no German-language test, and existing citizenship can be retained. The declaration must be submitted by 19 August 2031.

The Application Process

The declaration is submitted to the Federal Office of Administration (Bundesverwaltungsamt – BVA), or to a German embassy or consulate if you live abroad. The BVA examines descent and eligibility before confirming the acquisition.

Documentation and Genealogical Proof

The required documents vary greatly depending on your exact situation. In generally, you will need:

Your own birth certificate and those of the German parent or ancestor you derive your claim from
Marriage certificates and other civil-status records linking the generations
Evidence of the ancestor's German citizenship (e.g. passport, naturalisation, or registration records)
Where relevant, documents showing how and when citizenship was lost or not acquired

Frequently Asked Questions

I have German ancestors. Do I automatically qualify? Not necessarily. § 5 StAG applies only to the specific groups affected by the former gender-discriminatory rules and their descendants; you must establish that your line falls within one of them. You may, however, be a German citizen by birth if your ancestor’s maintained their German citizenship and it was passed on to you at the time of your birth.

Is there a deadline? Yes. Declarations under § 5 StAG must be submitted by 19 August 2031.

Last reviewed: August 2026 — RAin Fiona Macdonald

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