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.
Article 116 in brief
If your ancestors fled Germany between 1933 and 1945 to escape Nazi persecution, Germany may restore its citizenship to their descendants today. Article 116(2) is one of the most open citizenship routes anywhere: no language test, no residence requirement, and you keep your current nationality. It reaches both those who were formally stripped of citizenship and those who lost it through forced emigration. A case turns on two things — proof of the ancestor’s German citizenship and proof of the persecution link — and those are records that still survive in German archives. Finding exactly those records is the work this guide focuses on.
How restoration works, step by step
- Identify the persecuted ancestor. Establish who in your family held German citizenship and lost it, or fled, between 30 January 1933 and 8 May 1945.
- Prove the German citizenship. Birth, marriage or residence records, passports, or naturalisation and denaturalisation files showing the ancestor was a German citizen.
- Prove the persecution or loss. Denaturalisation lists in the Reichsanzeiger, emigration and deportation records, restitution files, or entries in archives such as the Arolsen Archives.
- Build the descent line. An unbroken chain of civil records — birth and marriage certificates — connecting you to that ancestor.
- File the application. Restoration applications generally go to the Bundesverwaltungsamt (BVA) or the German mission where you live. Check the BVA’s current guidance before you file.
For most families the hardest steps are the record-work in steps 2 and 3 — knowing which office or archive holds the right document for the right place and date. That is exactly what we map. If you think your family may have a restoration or descent route, the fastest way to find out where you stand is our free eligibility check.
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.
Who qualifies under Article 116(2)?
Descendants of people stripped of German citizenship between 1933 and 1945 on political, racial or religious grounds — and, in practice, those who would have been but emigrated first. There is no generation limit.
Is there a deadline to apply under Article 116?
No. Unlike the §5 declaration route, Article 116(2) has no deadline and no cut-off generation — eligible descendants can apply at any time.
What evidence shows my ancestor was persecuted?
Denaturalisation lists, emigration and restitution files, and community or camp records. Finding where these survive is exactly the record-work this guide focuses on.