Article 116(2): Restoring German Citizenship for Descendants of Persecution
The constitutional route that restores citizenship to those stripped of it 1933–1945 — and to their descendants.
Article 116(2) of the Basic Law restores German citizenship to people who were deprived of it on political, racial or religious grounds between 1933 and 1945, and to their descendants. Most cases are families persecuted under the Nazi regime — commonly Jewish families who fled or were denaturalised. There is generally no fee, and dual citizenship is allowed.
What Article 116(2) does
It is a constitutional right of restoration. If a German citizen was deprived of citizenship between 30 January 1933 and 8 May 1945 on political, racial or religious grounds, Article 116(2) restores it — to them and to their descendants. Unlike ordinary descent, it is not defeated by the citizenship being lost during that period; that loss is precisely what it reverses.
Who it helps
Overwhelmingly, the families of those persecuted by the Nazi regime — most commonly Jewish families who fled Germany or were formally denaturalised. If an ancestor lost German citizenship because they were persecuted, their descendants can usually reclaim it, often several generations down.
Article 116(2) vs the StAG declaration routes
Article 116(2) is the core constitutional route. Sections 5 and 15 of the Nationality Act (StAG) sit alongside it as declaration routes that close remaining gaps — §15 for the persecuted whose cases fall outside the strict 116(2) wording, and §5 for people excluded by historic gender-discriminatory rules. Tracing your family’s exact history tells you which applies; they often overlap.
What you’ll need to prove
A line of civil records connecting you to the persecuted ancestor, evidence of that ancestor’s German citizenship, and evidence of the persecution or loss of citizenship — denaturalisation records, emigration or deportation documents, or entries in archives such as the Arolsen Archives.
Where to apply
Restoration applications generally go to the Bundesverwaltungsamt (BVA) or the relevant German mission abroad, depending on where you live. The BVA publishes current guidance — always check the latest before you file.
Do I need to prove my ancestor was Jewish?
No — you show they lost German citizenship through persecution on political, racial or religious grounds between 1933 and 1945. Most cases involve Jewish families, but the test is persecution, not religion itself.
Is there a fee or a language test?
Restoration under Article 116(2) generally has no fee and no residence or language test.
How many generations can claim?
Restoration follows the persecuted ancestor’s line down to all descendants — there is no fixed generational cap.