New citizenship by descent rules

2 posts in this topic

Hi, 

 

I'm aware that there's some similar posts regarding the changes to Article 116(2) but they don't deal with the particular circumstances I'm looking at (for instance, they commonly deal with loss of citizenship by virtue of religion, etc). My Omi was born in Berlin in 1921, and subsequently married a foreign man - my Grandfather - in 1948, in Berlin. I believe that as a result of this she would've had her citizenship revoked. My own mother was born in the UK in 1958, and I was born in the UK in 1982.

 

I believe that the recent changes allow citizenship to be restored to my Grandmother and that eligibility for citizenship would be provided to both my mother and myself, as per the following:

 

In some cases, German citizenship may have been lost by marriage
German women who married a foreign citizen before 23 May 1949 lost their German citizenship even if they thereby became stateless. German women who married a foreign citizen between 23 May 1949 and 31 March 1953 lost their German citizenship only if they did not become stateless. They can be renaturalised subject to certain requirements. Please see Renaturalisation and discretionary naturalisation for more information.

(Source: https://uk.diplo.de/uk-en/02/citizenship/loss-of-citizenship)

 

Which descendants are entitled to claim restoration of German citizenship?
A descendant born to a parent who was deprived of German citizenship and before the parent's citizenship was restored also has a claim under Article 116 II of the Basic Law.

Each descendant has an individual claim, subject to eligibility. It is thus possible for grandchildren to apply, even if their parents decide not to. Please note however, that children younger than 16 require parental consent.

(Source: https://uk.diplo.de/uk-en/02/citizenship/restoration-of-citizenship)

 

I'm looking to engage with lawyers in Germany to validate this but it seems like perhaps quite a niche case. I'd welcome any thoughts from those who have better knowledge/experience of this.

 

Thanks!

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Have you made any additional progress? I’m looking to apply via this route as well. Note that it requires a B1 German certificate.

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