Descendants of Germans who lost their German citizenship during the Nazi-era (1933-1945) might have a legal claim to become German citizens. More and more US citizens are looking for a second citizenship, in particular since the US presidential election on 8 November 2016. According to Art. 116 para. 2 of the German Constitution, any former German citizen and all of their descendants can claim German citizenship, provided that their ancestors were deprived of their German citizenship between 30 January 1933 and 8 May 1945 for political, racial, or religious reasons. This applies inter alia for the large group of Jewish Germans who emigrated from Germany during the first years of the Nazi regime and who later became citizens of other countries. All Jewish Germans which were no longer resident in Germany on 25 November 1941 were deprived of their German citizenship by the Nazi regime’s so-called “11. Verordnung zum Reichsbürgergesetz”. Further, Jewish Germans who left Germany from then on until end of the Nazi regime also lost their German citizenship.
The claim to obtain German citizenship provided by the German constitution allows keeping the current citizenship in addition to (re-)gaining German citizenship.
In cases in which not all of the requirements mentioned above are fulfilled, German authorities have the option to grant German citizenship on a discretionary basis. In this context, compensation for hardships endured during the Nazi regime is a significant criterion.
Raue LLP advises descendants of former German citizens on their decision to apply for German citizenship, on assembling relevant information and documents, and on submitting the application, and represents individuals in the application proceedings.
(14 November 2016)