The Federal Office of Administration (Bundesverwaltungsamt) in Cologne is receiving more applications for restoration of German citizenship (Wiedergutmachungseinbürgerung) under Article 116(2) of the Basic Law than ever before. The Basic Law (Grundgesetz) is Germany’s constitution. For most applicants, restoration is a deeply personal matter. It is tied to the fate of their own family and is meant to help redress a historic injustice.

According to a recent report by the German news magazine DER SPIEGEL, this procedure may have been abused on multiple occasions. Investigators from the Düsseldorf Public Prosecutor’s Office and the Federal Criminal Police Office (Bundeskriminalamt, BKA) are examining whether a group of 32 suspects used false ancestry claims and allegedly manipulated documents to pose as relatives of families persecuted under National Socialism. The aim, investigators suspect, was to obtain German passports. The allegations include forgery of documents and violations of the Nationality Act (Staatsangehörigkeitsgesetz, StAG).

A case like this inevitably draws attention to the restoration procedure itself, and to how applications should be prepared and reviewed so that they hold up. One point must be clear: the suspicion of abuse concerns individuals. It is never directed at the vast majority of applicants, whose family histories were shaped by Nazi persecution.

At Schlun & Elseven, our German citizenship lawyers advise clients on assessing and enforcing their claim to restoration under Article 116(2) of the Basic Law. We approach every client with respect, and we reconstruct each family history carefully and with the sensitivity it deserves.

Restoration of Citizenship: A Right Rooted in Historic Responsibility

Article 116(2) of the Basic Law gives a legal right to restoration of German citizenship to people who were deprived of it between 1933 and 1945 on political, racial, or religious grounds. The same right extends to their descendants. The provision is an expression of deliberate historic redress, not an ordinary administrative formality. It has been part of the Basic Law since it entered into force on May 24, 1949, and its substance remains unchanged today.

Since August 2021, Section 15 StAG has supplemented it with a separate entitlement for people who, as a result of Nazi persecution, gave up or lost German citizenship in other ways or were never able to acquire it, as well as for their descendants. The reform opened German citizenship to many descendants of Holocaust victims who had previously been excluded.

Lawyers who take on cases in this area therefore carry a responsibility that goes beyond the usual professional duty of care. Every application stands for an individual fate and the history of a family.

How We Review Restoration Applications

Before we accept a restoration case, we carefully check the ancestry and persecution history presented to us against the available documents and sources:

• Document review. We check birth, marriage, and death certificates, as well as historical residence registration records, for completeness, plausibility, and consistency with the facts described.
• An unbroken chain of descent. We require reliable documentary evidence for every step from one generation to the next. Oral family accounts alone are not enough.
• Cross-checking against historical sources. Wherever possible, we compare the information with archival records. These include records held by memorial sites and files from restitution and compensation proceedings. This allows us to document the persecution history in a verifiable way.
• Critical questions instead of routine processing. We raise any contradictions or gaps openly and clarify them with the client before submitting an application to the authorities.

This approach does more than improve the quality of an application. It is also an act of respect toward the families who were actually persecuted, whose history must never be exploited for other ends.

The case reported in the press shows why the last point matters. A certified copy usually confirms only that the copy matches the document presented. It does not confirm that the document itself is genuine. Relying on certifications alone, without also checking whether the underlying information is plausible, leaves open exactly the gap that, according to the report, may have been exploited in this case. For this reason, a formally complete copy is not enough for us if there are doubts about where a certificate came from or whether it is authentic.

Applying from Abroad or from Within Germany

Most people entitled to restoration live outside Germany, and living in Germany is not a requirement. Applicants who live abroad apply to the Federal Office of Administration, either directly or through a German embassy or consulate. Applicants who already live in Germany generally deal with their local naturalization authority (Einbürgerungsbehörde) instead.

Supporting documents in a foreign language generally need a certified German translation, although documents issued in English usually do not. Depending on the country that issued a document, the authority may also require an apostille or legalization to confirm that it is genuine.

Our lawyers oversee this process from start to finish. We establish which documents are needed and advise on translation, apostille, and legalization requirements. We prepare the application with the client and handle all correspondence with the authorities until a decision is made. We work with clients remotely and in English throughout, wherever they are based.

A Clear Position: No Support for Abusive Applications

We have successfully handled many restoration proceedings. We expressly distance ourselves from any attempt to appropriate another family’s history or to deceive the authorities with forged or falsified documents. If our review gives rise to well-founded doubts about the ancestry or persecution history presented, we do not pursue the case.

We see our task as enforcing the legitimate claims of descendants of victims of Nazi persecution with the greatest possible care. In doing so, we protect the trust that this historically grounded right deserves.

We treat every client with the respect their family history deserves. Any critical review we carry out is based on concrete indications, never on blanket suspicion.

Legal Support with Restoration of German Citizenship

Many applicants have been unsettled by the recent coverage, whether they are preparing an application or have already submitted one. Others want to know whether their documents are complete and establish an unbroken chain of descent. Our German citizenship lawyers review the documents and information available and assess the prospects of an application on that basis. We help clients obtain and prepare historical evidence and support them throughout the application process.

Many applicants, particularly in the United States and Israel, want to know whether they can keep their existing citizenship. Under German law, restoration under Article 116(2) of the Basic Law and naturalization under Section 15 StAG do not require applicants to give up their current citizenship. Whether their other country allows them to hold German citizenship as well is a question of that country’s law, so it is worth checking before applying. Our lawyers advise on dual citizenship as part of the application process. If you would like our lawyers to review your documents or advise on your application, please get in touch.