For families touched by Nazi persecution, German law offers something unusual and profound: a right to citizenship that never expires, passes to every descendant, and demands nothing in return — no language test, no residence, no fee, and no requirement to give up another passport. This right lives in two provisions that work together: Article 116(2) of the Basic Law (Grundgesetz) and Section 15 of the Nationality Act (StAG). Understanding the difference between them is the key to filing the right claim.
What Article 116(2) covers
Article 116(2) restores citizenship to people who were “deprived” of it between 30 January 1933 and 8 May 1945 on political, racial, or religious grounds — and to their descendants. In practice the deprivation usually happened in one of two ways:
- The 11th Decree to the Reich Citizenship Act (25 November 1941), which stripped German citizenship automatically from German Jews who were living outside Germany when it took effect or who later left;
- Individual deprivation under the Denaturalisation Act of 14 July 1933, used against named political opponents, émigrés, and others the regime targeted.
This right has existed since the Basic Law took effect on 23 May 1949. It has no application deadline and no generational limit — children, grandchildren, great-grandchildren, and later generations each hold the entitlement personally, regardless of whether an earlier relative ever exercised it. A 2020 Federal Constitutional Court decision (2 BvR 2628/18) widened who can claim, resolving categories of cases that earlier administrative practice had wrongly turned away — for example, certain descendants through the maternal line.
Because Article 116(2) restores a status, a successful applicant is treated, like a descent claimant, as someone whose connection to German citizenship was wrongfully interrupted rather than newly created.
Where §15 StAG fills the gap
Article 116(2) has one crucial limitation: it requires that citizenship was formally taken away. But many persecuted people never had it stripped on paper. They fled and were naturalised abroad; they lost it by marrying a foreigner; they renounced it under pressure; or they were prevented from ever acquiring it. For decades these families fell through the cracks.
Section 15 StAG, introduced by the Fourth Act Amending the Nationality Act and in force since 20 August 2021, was created precisely for them. It covers people who, in connection with persecution between 30 January 1933 and 8 May 1945, lost German citizenship in some other way — for instance by acquiring another nationality after fleeing, by renunciation, or by marriage to a foreigner, generally before 26 February 1955 — or who could never acquire it because of persecution. Their descendants are expressly included.
Unlike Article 116(2), which restores an existing status, §15 is a genuine naturalisation: it grants the citizenship that persecution prevented, putting the applicant in the position they would have held but for that injustice. The procedure is free of charge.
A worked example
A Jewish journalist flees Germany for the United States in 1936 to escape imminent arrest and is naturalised as an American in 1944. He was never formally deprived under the 1941 Decree — he had already left and naturalised — so Article 116(2) does not squarely fit. But his loss of German citizenship was plainly bound up with persecution, so he and his descendants fall under §15. His granddaughter, born in Chicago in 1979, can claim today.
Which provision applies to you?
- Citizenship formally revoked or automatically lost 1933–1945 (e.g. under the 1941 Decree or 1933 Act)? Article 116(2).
- Lost it another way, or never acquired it, in connection with persecution? §15 StAG.
You do not have to get the classification perfect at the outset. The BVA will treat an application under the wrong provision as one under the correct provision where appropriate, and a dedicated department handles these reparation cases with corresponding care. Both routes are decided in Cologne and both are free.
What you will need
Restoration cases use the E15 application form (or the AK form for minors). Beyond the standard vital records linking you to the persecuted ancestor, you will want evidence of the persecution-related loss — deprivation lists, emigration and naturalisation records showing dates, and, where relevant, documentation of Jewish heritage or political targeting. Our documents guide and the German genealogy databases guide show where to find the paper trail; archives such as the Arolsen Archives and the Bundesarchiv hold persecution-era records.
Common questions
Is there really no deadline?
Correct. Neither Article 116(2) nor §15 has a time limit, and the entitlement passes to every later generation. Do not confuse this with the §5 declaration deadline of 19 August 2031, which concerns a different group entirely.
Will I keep my current citizenship?
Yes — Germany imposes no renunciation requirement here, though you should confirm your own country’s rules on dual nationality.
A second worked example: the maternal line
A man born in Buenos Aires in 1972 descends from a German-Jewish grandmother who fled in 1938 and never formally lost her citizenship under the 1941 Decree because she had already emigrated. For years, claims through grandmothers in his situation were refused on technical grounds. The 2020 Federal Constitutional Court decision (2 BvR 2628/18) and the §15 framework now bring such maternal-line and indirect-loss cases squarely within reach — his claim, and his children’s, are live today.
Where the evidence lives
Persecution cases lean on a distinct set of archives alongside ordinary vital records:
- Deprivation notices published in the Reichsanzeiger for individual denaturalisations under the 1933 Act;
- The Arolsen Archives (formerly the International Tracing Service), the world’s largest collection on Nazi persecution and its victims;
- The Bundesarchiv and regional archives, for emigration, residence, and persecution records;
- Foreign naturalisation records showing when and where a fleeing ancestor acquired another citizenship.
Our German genealogy databases guide points to several of these, and a researcher experienced in persecution-era records can save months.
Limits and exclusions
The right is broad but not unconditional. Certain serious criminal convictions can bar an applicant, and a person who, after acquiring restored citizenship, voluntarily renounces it or takes another nationality by application may lose access to §15 going forward. Adopted descendants are included where the adoption occurred before 1 January 1977. These are edges most families never touch, but they are worth knowing.
Do I need to prove my ancestor was formally persecuted?
You need to show the loss or non-acquisition of citizenship was connected to persecution on political, racial, or religious grounds between 1933 and 1945. For Jewish families who fled, that connection is usually well documented; the BVA’s reparation department is accustomed to these cases.
How to start a persecution claim
A practical sequence keeps these emotionally weighty cases manageable: first, establish the direct line from you to the persecuted ancestor with vital records; second, pin down the loss event — flight, deprivation, marriage, or non-acquisition — and its connection to persecution between 1933 and 1945; third, decide between Article 116(2) and §15 based on how the citizenship was lost; and finally complete Form E15 (or AK for a minor) and submit through your German mission to the BVA’s dedicated reparation department. Because there is no deadline, you can build the case carefully rather than rushing it.
Are these claims really free?
The naturalisation procedure itself under Article 116(2) and §15 is free of charge. You will still pay for obtaining records, apostilles, certified translations, and any professional help — those costs are unavoidable on any route — but there is no government fee for the determination.
Not sure which pathway is yours? Start with the free German Citizenship Pathway Finder — a printable worksheet that walks every route and the documents each one needs.
This article is general information, not legal advice. German nationality law is complex and highly fact-specific, and individual cases turn on exact dates and documents. Confirm your situation with the Bundesverwaltungsamt (BVA), your nearest German mission, or a qualified German nationality lawyer before acting. The rules described here are current as of June 2026.
