The horrors of World War II left an indelible mark on our world, reshaping global politics and spurring the formation of crucial international organisations such as the United Nations, the European Union, and NATO. The war also catalysed the establishment of international human rights legislation, serving as a stark reminder of the devastating consequences of extremism and prejudice. Among the countless victims of this dark period, the Holocaust stands out as one of history’s most harrowing tragedies, affecting millions of Jewish families worldwide.

The legacy of the Holocaust reverberates through generations, leaving an indelible mark on the lives of survivors and their descendants. For many descendants of Holocaust victims, the quest for acknowledgement, restitution, and a sense of belonging extends beyond mere remembrance—it encompasses the tangible pursuit of reclaiming German citizenship. Historically, strict eligibility criteria often excluded many descendants from reclaiming German citizenship. Over time, the landscape of German citizenship for descendants of Holocaust victims has undergone significant change, reflecting shifting attitudes, legal reforms, and a growing recognition of historical injustices.

In this article, we will first outline the laws on German citizenship for the descendants of Holocaust victims, detailing the recent changes and their implications. Next, we will explore how these legislative changes came about. Finally, we will discuss the benefits of obtaining German citizenship and provide guidance on how eligible individuals can claim their rights. Our German citizenship lawyers are ready to support clients in gaining German citizenship and are ready to provide specialised legal advice for those seeking further assistance. Please do not hesitate to contact us directly.

If you have a particular issue or legal question concerning German Citizenship law, you can contact our law office anytime. Our German lawyers can be reached by phone and email and offer videoconferencing options. For more legal information, please visit our German Citizenship Law homepage.

German Citizenship for Descendants of Holocaust Victims: The Law – The Grundgesetz

Germany’s recognition of its historical responsibility to Holocaust victims and their families is enshrined in the Grundgesetz (German Constitution). Article 116 (2) of the Grundgesetz provides a legal framework for restoring German citizenship to those who were stripped of it during the Nazi regime, as well as to their descendants. This article states:

“Former German citizens who, between 30 January 1933 and 8 May 1945, were deprived of their citizenship on political, racial, or religious grounds and their descendants shall, on application, have their citizenship restored. They shall be deemed never to have been deprived of their citizenship if they have established their domicile in Germany after 8 May 1945 and have not expressed a contrary intention.”

Initially, the application of Article 116 (2) was restrictive. Citizenship could only be passed through the paternal line, effectively excluding many descendants who would otherwise qualify through their maternal ancestry. This limitation did not fully address the breadth of Nazi-era injustices, as it failed to acknowledge the persecution endured by many families on the maternal side.

Recent reforms have significantly broadened the scope of eligibility. These changes now allow descendants to claim German citizenship regardless of whether their connection to Nazi persecution is through their paternal or maternal lineage. This amendment rectifies the previous gender bias in the law and ensures that all descendants of Holocaust victims can reclaim their rightful citizenship. These legislative advancements reflect Germany’s ongoing commitment to justice and reconciliation in this matter, providing a path for descendants of Holocaust victims to restore their connection to their ancestral homeland.


Expanding Eligibility: Recent Developments in German Citizenship for Descendants of Holocaust Victims

In recent years, Germany has made significant strides in addressing historical injustices by expanding eligibility for citizenship for the descendants of Holocaust victims. This shift reflects growing recognition of Germany’s responsibility to those whose families suffered under the Nationalist Socialist (Nazi) regime.

The German Minister of the Interior at the time (2019), Horst Seehofer, underscored this commitment, stating, “Germany must face up to its historical responsibility towards those who, as the descendants of German citizens persecuted by the Nazis, have faced legal obstacles to citizenship, especially those whose parents or grandparents were forced to flee abroad.”

The new legislative changes have broadened the criteria for citizenship to include additional groups affected by Nazi persecution. These developments are particularly relevant for individuals of Jewish descent and now cover the following:

  • Children born in wedlock before 1 April 1953 to German mothers (whose citizenship had been revoked) and non-German fathers.
  • Children born out of wedlock before 1 July 1993 to German fathers (whose citizenship had been revoked) and non-German mothers, provided paternity was recognised or determined under German law before the children reached the age of 23.
  • Children whose German parent lost their citizenship by acquiring foreign citizenship due to Nazi persecution, including those whose mothers lost their citizenship prior to 1 April 1953 by marrying a foreign man.

These amendments eliminate many of the previous barriers to obtaining citizenship. Applicants are no longer required to demonstrate financial self-sufficiency and only need to show basic German language skills and an understanding of the German legal system and social order. Furthermore, eligible individuals do not need to undergo a formal test to prove these abilities. Instead, they can present their case with the necessary documentation at their local German consulate, embassy, or other diplomatic offices. Successful applicants will not need to renounce their current citizenship.

These developments mark a significant step towards reconciliation and justice, providing descendants of Holocaust victims with a renewed connection to their ancestral homeland.


Seeds of Reform: Tracing the Origins of The Legal Changes

The evolution toward broader eligibility for German citizenship for descendants of Holocaust victims stems from a complex interplay of historical injustice and contemporary dynamics. While the desire for reform had simmered for years, it gained considerable momentum with shifting political landscapes and a growing recognition of historical responsibility.

Historically, many claims for German citizenship under Article 116(2) of the Grundgesetz were rejected, particularly those based on maternal lineage. This longstanding barrier underscored the need for a more inclusive approach to address the legacies of Nazi persecution. However, the seismic event of the Brexit referendum created a renewed focus on citizenship issues, particularly among individuals in the UK seeking avenues for European integration. Article 116(2) emerged as a pertinent legal pathway, prompting a reevaluation of its limitations and implications.

Central to driving this reevaluation was the Article 116 Exclusion Group, whose advocacy brought visibility to the plight of descendants of Holocaust victims. They emphasised that the quest for justice transcended the Brexit context, encompassing the broader imperative to address historical injustices and provide redress to all those who suffered under Nazi persecution. The movement for change found resonance across political divides, with various parties expressing support for expanding citizenship rights. Notably, the German Green Party emerged as a vocal champion of the cause, amplifying the voices of those seeking recognition and restitution.


The Advantages of German Citizenship

German citizenship offers many advantages to those who hold it. As a member of the European Union (EU), German citizens enjoy the privileges afforded to EU nationals, including:

  • Freedom of Movement: German citizenship allows individuals to freely travel and reside within the EU, providing unparalleled opportunities for exploration, work, and study across Europe.
  • Work and Study Opportunities: German citizenship grants access to a vast array of work and study opportunities within European countries, facilitating career advancement, academic pursuits, and personal growth on an international scale.
  • Participation in German Elections: Holding German citizenship affords individuals the invaluable right to participate in German elections, empowering them to actively shape the political landscape of their homeland.

Moreover, Germany’s extensive network of bilateral agreements with countries worldwide enhances the global mobility of its citizens. Consistently ranked among the most powerful passports globally, the German passport offers unparalleled access and privilege. According to the Henley & Partners Passport Index, it regularly secures a top position, reflecting its esteemed status as a travel document of choice for international travellers. German passport holders can visit approximately 180 countries and territories under visa-waiver or visa-on-arrival conditions, facilitating seamless travel experiences.


Comprehensive Support and Extended Services from Our Legal Experts

At Schlun & Elseven, our team of legal experts is committed to providing comprehensive support to individuals seeking German citizenship for descendants of Holocaust victims. In addition to the core services outlined previously, we offer an array of extended services to ensure that our clients receive thorough assistance throughout every stage of the application process and beyond.

  • Legal Consultation: Our legal consultations go beyond assessing eligibility; we offer in-depth discussions to understand your unique situation fully. We’ll provide personalised guidance, analyse your family history, evaluate relevant laws, and outline the best strategies to pursue your citizenship claim successfully.
  • Legal Representation: Should your case require it, our lawyers can provide skilled representation at all stages of the application process. From initial submissions to attending meetings, hearings, or appeals, we’ll ensure that your interests are vigorously advocated for and that you receive fair treatment under the law.
  • Appeals and Disputes Resolution: If your application is denied or if you encounter any legal challenges, our team can assist with filing appeals and resolving disputes. We’ll leverage our legal expertise to address concerns raised by authorities, navigate complex legal issues, and work tirelessly to secure a favourable outcome.
  • Documentation Assistance: Our lawyers will help source relevant documents and review and organise your paperwork to meet German authorities’ stringent requirements. We’ll ensure that your application package is comprehensive and compelling, strengthening your case for citizenship.
  • Post-Citizenship Services: After you obtain citizenship, our legal team can continue to support you with related matters. Whether you’re obtaining identification documents, registering residency, or navigating legal obligations as a German citizen, we’ll provide ongoing guidance to ensure a smooth transition.
  • Holistic Approach: Recognising the emotional and historical significance of reclaiming citizenship, we take a holistic approach to support our clients. Our team provides empathetic and compassionate assistance, understanding the profoundly personal nature of this journey and offering unwavering support every step of the way.

With our comprehensive support and extended services, you can trust that your German citizenship application will be in capable hands. We’re dedicated to guiding you through the complexities of the process and helping you achieve your goal of reclaiming the German citizenship that rightfully belongs to you and your family.