Applying for German citizenship under article 116

I'm an Australian about to apply for German citizenship under article 116, which allows for the naturalization of descendants of victims of nazi persecution (more info: http://www.germany.info/relaunch/info/cons...erung_BVA-e.pdf )

Apparently it's a long and sometimes tricky process. I was wondering whether anyone else had any experience of doing this that they would like to share, and whether they have any advice on how to approach the process.

How's your German?

I don't think Hutcho realizes this, but German language ability is irrelevant for eligibility in these cases. To the OP- which situation applies to your case- are you the descendant of a Jew or other person stripped of their citizenship by the Nazis or is your eligibility derived from some other set of circumstances?

I'm pretty sure I'm eligible. My grandmother left Germany just before the war and was stripped of her citizenship because she was jewish. Luckily she took quite a bit of documentation with her.

I'm really wondering whether anyone else here had done the same thing and has any tips for applying? I've heard that it can take a year or two, and I was wondering whether there's anything that can help speed up the process, or if there are any common problems.

No, I wasn't suggesting that being able to speak German was a requirement in this case. Just with other threads I have read on here in this regard, it seems like quite a draw out process, and it's going to be tough without being able to speak German. If you have a lot of documentation, I'm sure that will make it a lot smoother.

I have been through the process. It's great that you have a lot of documentation, but given the fact that it is your grandmother and not your grandfather (both of my paternal grandparents were German Jews) don't be surprised if you get rejected even if your grandmother lost her German citizenship before taking on that of another country (also a requirement). Since it does not cost anything to apply, you might as well try it. What documentation do you have? Even with a lot of documentation, you would be surprised how many other obstacles and pitfalls there are, but the more documentation the better- an application can be rejected for having too little documentation.

Possibly the most important documentation is your grandmother's naturalization document(s) from Australia saying when she got naturalized and that she came from Germany (if that is what such documents said at the time).

jackus, even if you are successful won't you still have to give up your Australian citizenship?

No you do not have to give up your other citizenship.

I also do not believe you can apply directly as a descendant. First your grandmother's citizenship needs to be restored, then your parents, and then yours. So you have to have documentation showing your grandmother was a German citizen, then documentation showing your parent is her child, and then documentation showing you are their child. If you contact the consulate they will tell you what documentation they need. In New York there are lawyers who will do the entire thing for you.

It should only take a couple of months. Definitely not years. I also think you will first get your citizenship, and then have to apply for a passport.

Here is an article I found on the thing. http://www.usatoday.com/news/nation/2007-0...270955086_x.htm

Thanks everyone for your answers, I'll let you know how I get on.

Conquistador, what were the main obstacles and pitfalls you mentioned that you found in your application process?

The most likely and most serious obstacles I mentioned above. Other possibles ones are name changes or incorrect information on birth certificates, or even a step-parent being listed as a biological father/mother on a birth certificate. To give just one example, a person born "Beate" in Germany but who goes by Beatrix or Beatrice in the country to which they immigrated and Beatrice shows up on their child's birth certificate. Perhaps the grandchild has gone through a change of name or two (more documentation needed and makes the application confusing).

It is not accurate that a grandparent and a parent's citizenship must be restored prior to the granchild being awarded citizenship, although, yes, you obviously have to prove descent from the person deprived of their citizenship by the Nazis. Many grandparents are deceased, and many of them and their children aren't interested in acquiring German citizenship. My grandmother is still alive but my grandfather isn't, yet I got it through him. The application should not take years, especially if you have clear documentation and all the information they ask for.

Just thought I'd give an update on this if anyone in a similar situation stumbles on this thread.

I applied eight months ago and am still yet to hear anything (either negative or positive). Apparently, the average processing time is 6 to 12 months, so I'm not getting too worried yet.

Except... I'm currently in Berlin (which I've totally fallen in love with) and I've decided that I want to stay here. I've got enough money to support myself for about a year (I'm under no illusions about trying to get a job without a working visa or any German language skills). I figure that I'll spend the next few months intensively learning the language while waiting for the citizenship to come through.

My question is: will there be any issues with renting an apartment/registering/etc in my situation? I'm allowed to stay here for 90 days, but I never got my passport stamped on my way into the Schengen countries, so technically nobody can tell how long I've been here. I'm tempted to just try to stay under the radar, but I'd rather do things by the book - it just seems so complicated!

Anyone have any similar situations/advice?

Thanks in advance.

I posted here awhile back about the possibility of being a dual US/German citizen under article 116. I finally organized all of my papers and went down to the consulate today.

Some background info:
I'm American by birth and have grandparents (both on my mom's side) who were deprived of their German citizenships during the Nazi Regime in Germany. Both of my parents were born here, but that does not matter in this case. German law usually requires citizenship to be passed down paternally, but in this case, it is fine that it comes from my mom's side (since it was her father).

What happened:
I went downtown today to see if I was really a candidate for "restoring citizenship", as the Germans call it. I had the following papers with me:

-my American passport
-my birth certificate (certified copy from my county).
-my mom's BC (also certified copy)
-my dad's BC (also certified)
-my mom and dad's marriage certificate (certified copy)
-my grandparents' marriage certificate (certified copy)
-my grandpa's death certificate (I only brought this b/c it says he was born in Germany; the person at the consulate said this was not necessary but still took a copy of it)
-both my grandfathers' and my grandmothers' American passports (only copies; we cannot find originals)
-both of their American Naturalization certificates (again only copies)
-my grandpa's arrest papers from when he was taken just after Kristallnacht
-"Entluftungsithein" paper from grandpa (release from the concentration camp)
-Canadian Work Visa papers (these are significant because it says that he does "not have a passport and cannot procure one at the present time"... which proves his citizenship was taken from him)
-"Geburtsurtunde", his German Birth Certificate modified by the Nazis

As far as paperwork goes, I was very lucky - most people who get released do not get to keep papers. We (my family and I) believe that my grandpa smuggled them "on his person" everywhere he went, so they would not be taken from him. My contact at the consulate said that "the papertrail is perfect" and that I shouldn't need any other papers. Basically you (the applicant) have to get certified copies of BCs, Marriage Certs, and at least old copies of the other American papers. The German gov't will track down any German paper you might need to complete the dossier, and they will also search for the originals of the copies you provide, just to be sure they are genuine.

Before going down there, I decided to call up and make sure I did not need an appointment. The webpages about it did not mention needing one, but I wanted to make sure. I managed to talk directly to my contact there on the phone before making the trek, and I told him my story, so he remembered me when I came in. We went through every single paper, and he translated all of the German ones for me. It was really interesting from a family history perspective.

After seeing all the papers, the person I met with who handles naturalization apps said that he was sure I would get the citizenship. My main concern the whole time was about whether or not I'd have to renonce my American citizenship, so at that point I asked. He said that I will be able to be a citizen of both countries without any problems. He then explained to me all of the benefits and disadvantages to having dual citizenship. If anyone wants to hear about that stuff, just send me a private message and I will explain that as well.

Finally, he printed out what is called an "Application for naturalization according to Article 116 (2) Basic Law". Article 116 is the name of the German law which allows for German citizenship under my circumstances; the German consulate has a whole webpage about it both in English and in German if anyone should be interested in it. Anyway, he had me fill it out, which actually what took me the longest of this entire process - there were dates and places I was not sure of, but I filled out what I could and gave it back to him. He then went, made me a copy of the app, and told me what the next steps would be. He says that before getting my German passport, the consulate in Chicago will receive my Certificate of Naturalization. When they do, they will contact me and have me call up to make an appointment to come in to get the Certificate. Then, I will go downtown to get it, fill out some more paperwork, and at that point they will process my German passport for me on the spot. He said that receiving the Certificate could take up to a year, but with all of my documentation, it will more likely only take 6 months. After that, I thanked him for his help, and he thanked ME for coming in...which I kind of found strange, but it was also very sweet of him.

He also told me at some point during this meeting that if any of my other family members (my mom, my aunt, or my cousins) want their citizenship, that there will be a number of my Certificate of Naturalization that they can use, so we don't have to send off copies of the German papers again. Apparently, they can type that number in a computer in Germany while going thru the app and see that the papers were already approved when I applied. Also, if I have kids in the future, they will also be German citizens at birth, even if they are born here in the US (this is one of the advantages of the citizenship).

Generally, the whole process felt really simple to me, especially after dealing with really rude préfectures in France. I've lived there twice and had to get visas and a carte de séjour from them, and it was a really bad experience! They were so rude even though I speak fluent French. The other thing that made my experience with the German consulate relatively easy was all of the documentation that my grandpa kept hidden, even from all of us (we didn't find it until we were cleaning his apartment after his death). Hopefully, everything will go through as planned/explained to me and I will have my passport sometime soon! I also hope that my story may help someone else who has a right to citizenship!

jackus- go the language visa route.

The paper trail in the last post was amazing, but I think it should be stressed that it is the denaturalization of Jews that is the key factor rather than any stay in a concentration camp (although there is a lot of overlap among the two groups). Prior to 1942, Jews lost their citizenship on an individual basis (or perhaps as a nuclear family) but every German Jew did by decree in 1942 if they still had German citizenship at that point.. One of the key things the German government looks for is whether or not your German Jewish ancestor naturalized elsewhere prior to having been stripped of their German citizenship. If the ancestor(s) did, they voluntarily gave up their German citizenship and they and descendants are not eligible for naturalization.

Conquistador has said most of this much more concisely, but for nit-picky types who stumble upon this, I thought I’d add a few notes about the wider technical issues and my own case. I’ve just done this too – applied in December 2008 and have recently been notified by the consulate that my citizenship’s been approved. Now have a rather snazzy green certificate too, and passport app. is in progress.

Forgive the untranslated bits.

The process is definitely simpler if you’re applying via a grandfather. Via a grandmother is much harder. However, there’s an exception from normal citizenship laws for this particular clause – if born between born between April 1, 1953, and December 31, 1974 you can still claim by statement to acquire German citizenship from your mother, even though this option was normally only available until December 31, 1977. Not sure what sort of statement is needed, and if you (or your mother) were born before 1953, you can’t inherit the citizenship.

The other issue is the date of lost German citizenship/foreign naturalisation.

If your ancestors left Germany and became citizens of another country without first:
a) Being specifically and individually deprived of citizenship on July 14, 1933
OR
b) Losing their citizenship via the Reich Citizens Law of November 25, 1941 (came into force on November 27.)

then the right of descendents to citizenship ended in the 1970s. This, as Conquistador says, is usually the major stumbling block.

Eriquita’s case seems quite interesting on this, actually. I’m not sure whether their ancestor/s were only briefly in concentration camps and then left before WW2 started and became naturalised after 1941, or survived in camps and left Germany after liberation. The latter is trickier, as Holocaust survivors who didn’t immediately emigrate or make every effort to do so without re-establishing local residence got their citizenship back – cf “Sie gelten als nicht ausgebürgert, sofern sie nach dem 8. Mai 1945 ihren Wohnsitz in Deutschland genommen haben und nicht einen entgegengesetzten Willen zum Ausdruck gebracht haben.” However, while someone who left after that and took up foreign citizenship could regain their own German citizenship - “Wer im Zusammenhang mit Verfolgungsmaßnahmen bis zum 25.02.1955 eine fremde Staatsangehörigkeit erworben hat, ohne dass ihm die deutsche Staatsangehörigkeit zuvor entzogen wurde, hat einen Anspruch auf Einbürgerung nach § 12 des Gesetzes zur Regelung von Fragen der Staatsangehörigkeit vom 22. Februar 1955” - this was only true of their descendents until the end of 1970. It’s the same problem mentioned above.

The children and grandchildren of post-war migrants wanting to become German again would therefore, I suppose, have to argue that their relatives lost citizenship under the Nazi laws rather than continuing to hold it as per the 1945 regulation. Not sure how widely this is known, or how strict consular officials would be about it (and indeed I’m sure it would vary from place to place), but it’s worth being aware of potential problems.

To cut this very long story short: You may not be able to regain lost German citizenship even if your relatives fled Nazi Germany, spent time in concentration camps, or were labelled stateless in their new destinations. (The ethics of this are a separate question. If you want to argue that the descendents of victims of Nazi persecution shouldn’t be subject to so much bureaucracy, that’s up to you.)

My own case was much more straightforward (applying via a grandfather who left in 1939 but had a naturalisation date well after 1941 and a designation of “stateless alien” on his naturalisation paperwork.)

I went with the “more is better” approach to documentation (which clearly worked, even if I didn’t have as much paperwork as Eriquita!) and took the following with me - all originals. The consulate made and certified copies on the spot for nothing. I don’t know if all German diplomatic posts are that generous, but do check before paying.

* Application form
* Grandfather’s birth certificate
* Grandfather’s naturalisation documents (which are quite detailed)
* Grandfather’s legal change-of-name documents
* Grandparents’ marriage certificate (civil and religious)
* Father’s birth certificate
* Father’s passport
* Parents’ marriage certificate (civil and religious)
* Own birth certificate
* Own passport

I was asked if I had my grandfather’s German passport from 1938 – I didn’t, but had an official copy of his police records dating from his arrival in Australia (from the National Archives) which listed his German passport number, nationality and date and method of arrival in Australia, so the official took a copy of this instead.

Oh, and I do speak German but it’s not necessary. Other members of the family who applied with me certainly don’t.

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Jackus, I asked about the progress of my application a couple of times, so you can certainly check on what’s happening, and see if they need more paper. Otherwise, a language visa is a good idea while you’re waiting.

Conquistador, are their any pitfalls to be aware of when you turn up in Germany with a brand-new passport and limited record of your previous existence in the country?

Not in my experience insofar as your rights as a citizen. You may have a tough time getting a credit card initially.

Excellent post by Flavia- the documents listed were pretty much what I submitted.

The obstacles with claiming through a grandmother include situations where she married a non-German (German women who once did this lost their citizenship) which seems particularly bizarre for Jews stripped of German citizenship and who then emigrated.