German Nationality Act

A German within the meaning of this Act is a person who possesses German nationality.

(repealed)

(1) German nationality is acquired

1.

by birth (section 4),

2.

by declaration (section 5),

3.

by adoption as a child (section 6),

4.

by issuance of the certificate under section 15 (1) or (2) of the Federal Expellees Act (section 7),

5.

by naturalisation (sections 8 to 16 and 40a).

(2) Nationality is also acquired by anyone who has been treated by German authorities as a German national for twelve years and is not responsible for this treatment. In particular, a person who has been issued a certificate of nationality, passport or identity card is treated as a German national. Acquisition of nationality takes effect retroactively from the date on which acquisition of nationality was assumed when the person was treated as a national. It extends to descendants who have since derived their nationality from the beneficiary under sentence 1.

(1) A child acquires German nationality by birth if one parent possesses German nationality. If only the father is a German national at the time of the child's birth and acknowledgement or establishment of paternity is required under German law to establish descent, acquisition may be asserted only on the basis of an acknowledgement or establishment of paternity effective under German law; the declaration acknowledging paternity must have been made or proceedings to establish paternity must have been initiated before the child reaches the age of 23.

(2) A child found within Germany (foundling) is deemed to be the child of a German until the contrary is proved. Sentence 1 applies accordingly to a child born confidentially under section 25 (1) of the Pregnancy Conflict Act.

(3) A child of foreign parents acquires German nationality by birth within Germany if one parent

1.

has lawfully had their habitual residence within Germany for five years and

2.

possesses a permanent right of residence or, as a Swiss national or a member of their family, a residence permit under the Agreement of 21 June 1999 between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (Federal Law Gazette 2001 II p. 810).

Acquisition of German nationality is entered in the birth register in which the child's birth is recorded. The Federal Ministry of the Interior, Building and Community is authorised to issue, by statutory instrument with the consent of the Bundesrat, provisions on the procedure for registering the acquisition of nationality under sentence 1.

(4) German nationality is not acquired under subsection (1) upon birth abroad if the German parent was born abroad after 31 December 1999 and has their habitual residence there, unless the child would otherwise be stateless. The legal consequence under sentence 1 does not arise if an application under section 36 of the Civil Status Act to record the birth in the birth register is made within one year of the child's birth; receipt of the application by the competent diplomatic mission within this period is also sufficient to meet the deadline. If both parents are German nationals, the legal consequence under sentence 1 arises only if both fulfil the conditions specified there. The legal consequence under sentence 1 is irrelevant to an entitlement under Article 116 (2) of the Basic Law and under section 15.

(5) Subsection (4) sentence 1 does not apply

1.

to descendants of a German national who acquired German nationality under Article 116 (2) of the Basic Law or under section 15, and

2.

to descendants of a German national if that national would have had an entitlement under Article 116 (2) of the Basic Law or under section 15 had they not acquired German nationality.

(1) By declaring their wish to become German nationals, the following persons born after the Basic Law entered into force acquire German nationality:

1.

children of a German parent who did not acquire German nationality by birth,

2.

children of a mother who lost German nationality before their birth by marrying a foreign national,

3.

children who lost the German nationality acquired by birth through legitimation by a foreign national that was effective under German law, and

4.

descendants of the children referred to in numbers 1 to 3,

provided that they have capacity to act under section 34 sentence 1 or are legally represented, unless they have been sentenced by a final judgment to imprisonment or youth custody of two years or more for one or more intentional offences, or preventive detention was ordered in their most recent final conviction, or a ground for exclusion under section 11 exists. Section 4 (1) sentence 2, section 12a (2) to (4), section 33 (5) and section 37 apply accordingly. The right of declaration under sentence 1 also exists if, under the same conditions, the legal status under Article 116 (1) of the Basic Law was not acquired or was lost.

(2) The right of declaration under subsection (1) does not apply to anyone who

1.

possessed German nationality after their birth or after losing it through legitimation by a foreign national effective under German law, but subsequently relinquished, lost or rejected it, or was born or adopted as a descendant of such a person after that relinquishment, loss or rejection, or

2.

could have acquired German nationality under section 4 (4) sentence 2 in conjunction with subsection (1), but did not acquire it, or can still acquire it.

(3) The right of declaration under subsection (1) may be exercised only within ten years of this Act entering into force.

(4) A certificate is issued to document the acquisition of German nationality by declaration.

A child who has not yet reached the age of eighteen at the time of the application for adoption acquires German nationality upon adoption by a German that is effective under German law. Acquisition of German nationality extends to the child's descendants. If the adoption is based on a foreign decision, acquisition of German nationality requires that the adoption has terminated the parent-child relationship with the child's previous parents and that the adoptive relationship is equivalent to one established under German substantive law. If the conditions in sentence 3 are not met and conversion of the adoptive relationship is ordered under section 3 of the Adoption Effects Act, sentence 1 applies accordingly.

Ethnic German late repatriates and family members included in the admission notice acquire German nationality upon issuance of the certificate under section 15 (1) or (2) of the Federal Expellees Act.

(1) A foreign national who lawfully has their habitual residence within Germany may be naturalised upon application if their identity and nationality have been established and they

1.

have capacity to act under section 34 sentence 1 or are legally represented,

2.

have neither been sentenced for an unlawful act nor made subject to a measure of rehabilitation and prevention on account of their lack of criminal responsibility,

3.

have found a home of their own or accommodation, and

4.

are able to support themselves and their dependants.

(2) The requirements of subsection (1) numbers 2 and 4 may be waived in the public interest or to avoid particular hardship.

(1) Spouses or registered civil partners of Germans should, as a rule, be naturalised subject to the requirements of section 10 (1) if they have lawfully had their habitual residence within Germany for three years and the marriage or registered civil partnership has existed for two years. The period of residence under sentence 1 may be shortened in the public interest if the marriage or registered civil partnership has existed for three years. Minor children of spouses or registered civil partners of Germans may be naturalised together with them subject to the requirements of section 10 (1), even if they have not yet lawfully resided within Germany for three years. Section 10 (4), (4a), (5) and (6) applies accordingly.

(2) Subsection (1) also applies if naturalisation is applied for within one year after the death of the German spouse or registered civil partner, or after the decision ending the marriage or registered civil partnership becomes final, and the applicant, as a parent with custody, lives as a family with a minor child of the marriage or registered civil partnership who already possesses German nationality.

(1) A foreign national who has lawfully had their habitual residence within Germany for five years and has capacity to act under section 34 sentence 1 or is legally represented must be naturalised upon application if their identity and nationality have been established and they

1.

acknowledge the free democratic basic order of the Basic Law for the Federal Republic of Germany and declare that they do not pursue or support, and have not pursued or supported, endeavours which

a)

are directed against the free democratic basic order, the existence or security of the Federation or a Land, or

b)

aim unlawfully to impede the performance of duties by the constitutional organs of the Federation or a Land or their members, or

c)

endanger the foreign interests of the Federal Republic of Germany through the use of force or preparatory acts directed towards such use,

or credibly demonstrate that they have distanced themselves from previously pursuing or supporting such endeavours,

1a.

acknowledge Germany's special historical responsibility for the unlawful National Socialist regime and its consequences, particularly for the protection of Jewish life, as well as the peaceful coexistence of peoples and the prohibition of waging a war of aggression,

2.

possess a permanent right of residence or, as a Swiss national or a member of their family, a residence permit under the Agreement of 21 June 1999 between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, an EU Blue Card, or a residence title for purposes other than those listed in sections 16a, 16b, 16d, 16e, 16f, 17, 18f, 19, 19b, 19e, 20, 20a, 22, 23a, 24, 25 (3) to (5) and section 104c of the Residence Act,

3.

are able to support themselves and their family members entitled to maintenance without recourse to benefits under Book Two or Book Twelve of the Social Code; this requirement is waived if the foreign national

a)

entered the territory of the Federal Republic of Germany as it stood on 2 October 1990 by 30 June 1974 under an agreement on the recruitment and placement of workers, or entered the territory referred to in Article 3 of the Unification Treaty as a contract worker by 13 June 1990, or joined such a person as their spouse in temporal connection with their entry, and is not responsible for receiving benefits under Book Two or Book Twelve of the Social Code,

b)

is in full-time employment and has been so employed for at least 20 of the last 24 months, or

c)

lives as a family, as a spouse or registered civil partner, with a person employed as specified in letter b and with a minor child,

4.

(repealed)

5.

have neither been sentenced for an unlawful act nor made subject to a measure of rehabilitation and prevention on account of their lack of criminal responsibility,

6.

have sufficient knowledge of the German language, and

7.

have knowledge of Germany's legal and social order and living conditions.

A foreign national who does not have capacity to act under section 34 sentence 1 need not fulfil the requirements of sentence 1 numbers 1 and 7. Acts motivated by antisemitism, racism or other contempt for humanity are incompatible with the guarantee of human dignity in the Basic Law for the Federal Republic of Germany and violate the free democratic basic order within the meaning of this Act.

(2) The foreign national's spouse or registered civil partner and minor children may be naturalised together with them in accordance with subsection (1), even if they have not yet lawfully resided within Germany for five years.

(3) (repealed)

(3a) (repealed)

(4) The requirements of subsection (1) sentence 1 number 6 are met if the foreign national satisfies the requirements of a language examination at level B 1 of the Common European Framework of Reference for Languages. For a minor child who has not yet reached the age of 16 at the time of naturalisation, the requirements of subsection (1) sentence 1 number 6 are met if their language development is appropriate to their age. For a foreign national who entered the territory of the Federal Republic of Germany as it stood on 2 October 1990 by 30 June 1974 under an agreement on the recruitment and placement of workers, or entered the territory referred to in Article 3 of the Unification Treaty as a contract worker by 13 June 1990, or joined such a person as their spouse in temporal connection with their entry, the requirements of subsection (1) sentence 1 number 6 are satisfied if they can communicate orally in German in everyday life without significant difficulty.

(4a) To avoid hardship, the requirement of subsection (1) sentence 1 number 6 may be limited to the ability to communicate orally in German in everyday life without significant difficulty if the foreign national demonstrates that acquiring sufficient knowledge of German under subsection (4) sentence 1 is impossible or permanently substantially more difficult for them despite serious and sustained efforts.

(5) The requirements of subsection (1) sentence 1 number 7 are generally demonstrated by successfully passing a naturalisation test. Naturalisation courses are offered in preparation; attendance is not compulsory.

(6) The requirements of subsection (1) sentence 1 numbers 6 and 7 are waived if the foreign national cannot fulfil them due to physical, mental or psychological illness or disability, or due to age. The requirement of subsection (1) sentence 1 number 7 is also waived in the cases of subsection (4) sentence 3 and subsection (4a).

(7) The Federal Ministry of the Interior, Building and Community is authorised to regulate, by statutory instrument not requiring the consent of the Bundesrat, the examination and evidence requirements of the naturalisation test and the basic structure and learning content of the naturalisation course under subsection (5), on the basis of the topics of the orientation course under section 43 (3) sentence 1 of the Residence Act.

Naturalisation is excluded if

1.

factual indications justify the assumption that the foreign national pursues or supports, or has pursued or supported, endeavours directed against the free democratic basic order, the existence or security of the Federation or a Land, or aimed at unlawfully impeding the performance of duties by the constitutional organs of the Federation or a Land or their members, or which endanger the foreign interests of the Federal Republic of Germany through the use of force or preparatory acts directed towards such use, unless the foreign national credibly demonstrates that they have distanced themselves from previously pursuing or supporting such endeavours,

1a.

factual indications justify the assumption that the declaration made by the foreign national under section 10 (1) sentence 1 number 1 or number 1a is untrue in substance,

2.

there is a particularly serious interest in expulsion under section 54 (1) number 2 or 4 of the Residence Act, or

3.

the foreign national

a)

is married to several spouses at the same time, or

b)

shows by their conduct that they disregard the equality of men and women laid down in the Basic Law.

Sentence 1 number 2 applies accordingly to foreign nationals within the meaning of section 1 (2) of the Residence Act and also to Swiss nationals and their family members who possess a residence permit under the Agreement of 21 June 1999 between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons.

(1) The following are disregarded in naturalisation:

1.

the imposition of educational measures or disciplinary measures under the Youth Courts Act,

2.

convictions resulting in fines of up to 90 daily units, and

3.

convictions resulting in imprisonment of up to three months which has been suspended on probation and remitted after expiry of the probationary period.

Sentence 1 does not apply if the foreign national has been sentenced to imprisonment, a fine or youth custody for an unlawful act motivated by antisemitism, racism or other contempt for humanity within the meaning of section 46 subsection (2) sentence 2 of the Criminal Code, and such a motive was established in the judgment. If there are several convictions resulting in fines or imprisonment within the meaning of sentence 1 numbers 2 and 3, they must be added together unless a lower aggregate sentence is imposed; where fines and imprisonment coincide, one daily unit corresponds to one day's imprisonment. If the sentence or the sum of the sentences slightly exceeds the limits under sentences 1 and 3, a decision is made in the individual case as to whether it may be disregarded. If a measure of rehabilitation and prevention under section 61 number 5 or 6 of the Criminal Code has been ordered, a decision is made in the individual case as to whether the measure may be disregarded.

(2) Foreign convictions must be taken into account if the act is to be regarded as punishable within Germany, the conviction was pronounced in proceedings consistent with the rule of law, and the sentence is proportionate. Such a conviction may no longer be taken into account if it would have to be expunged under the Federal Central Criminal Register Act. Subsection (1) applies accordingly.

(3) If a foreign national who has applied for naturalisation is under investigation on suspicion of a criminal offence, the decision on naturalisation must be suspended until the proceedings are concluded and, in the event of conviction, until the judgment becomes final. The same applies if the imposition of youth custody has been suspended under section 27 of the Youth Courts Act.

(4) Convictions abroad and investigations and criminal proceedings pending abroad must be listed in the naturalisation application.

(1) Habitual residence within Germany is not interrupted by stays abroad of up to six months. For longer stays abroad, it continues if the foreign national re-enters within the period set by the foreigners authority. The same applies if the period is exceeded solely because of fulfilment of statutory military service in the country of origin and the foreign national re-enters within three months after discharge from military or alternative service. In place of sentences 1 to 3, section 4a (6) of the Freedom of Movement Act/EU applies accordingly to nationals of another Member State of the European Union, nationals of the EEA states, their respective family members and persons close to them with a right of residence under section 3a of the Freedom of Movement Act/EU, as well as persons with a right of residence under EU law pursuant to section 12a of the Freedom of Movement Act/EU and persons with a right of residence referred to in section 16 of that Act. By way of derogation from sentences 1 to 4, habitual residence within Germany generally ceases to continue if stays abroad exceed half of the period of residence required in the case of section 4 (3) sentence 1 number 1 or for naturalisation, respectively.

(2) If the foreign national has stayed abroad for more than six months and none of the conditions in subsection (1) sentences 2 to 4 applies, up to three years of previous residence within Germany may be credited towards the period of residence required for naturalisation. This applies accordingly in the case of subsection (1) sentence 5.

(3) Interruptions in the lawfulness of residence are disregarded if they are due to the foreign national's failure to apply in time for the initially required grant or the renewal of a residence title. Subsection (2) applies accordingly to interruptions in the lawfulness of residence for other reasons.

A former German and their minor children who have their habitual residence abroad may be naturalised upon application if their identity and nationality have been established and they fulfil the requirements of section 8 (1) numbers 1 and 2.

A foreign national who has their habitual residence abroad may be naturalised subject to the requirements of section 8 if ties to Germany exist which justify naturalisation. If the foreign national is the spouse or registered civil partner of a German, they may also be naturalised under sentence 1 if the stay abroad of one of the spouses or registered civil partners is in the public interest.

Persons who, in connection with persecution on the grounds listed in Article 116 (2) sentence 1 of the Basic Law during the period from 30 January 1933 to 8 May 1945,

1.

relinquished or lost German nationality before 26 February 1955,

2.

were excluded from acquiring German nationality by operation of law through marriage, legitimation or collective naturalisation of ethnic Germans,

3.

were not naturalised after applying, or were generally excluded from naturalisation which would otherwise have been possible upon application, or

4.

relinquished or lost their habitual residence in Germany, provided it had been established before 30 January 1933 or, in the case of children, also after that date,

and their descendants must be naturalised upon application if they have capacity to act under section 34 sentence 1 or are legally represented, unless they have been sentenced by a final judgment to imprisonment or youth custody of two years or more for one or more intentional offences, or preventive detention was ordered in their most recent final conviction; section 12a (1) does not apply. The entitlement to naturalisation under sentence 1 does not apply to anyone who already acquired German nationality after 8 May 1945 but subsequently relinquished or lost it, or who was born or adopted as a descendant of such a person after that relinquishment or loss. Loss of German nationality acquired after 8 May 1945 does not preclude the entitlement to naturalisation if the loss resulted from marriage to a foreign national or from legitimation by a foreign national effective under German law.

Naturalisation takes effect upon delivery of the naturalisation certificate issued by the competent nationality authority. Before delivery, the following solemn declaration must be made: "I solemnly declare that I will respect the Basic Law and the laws of the Federal Republic of Germany and refrain from doing anything that could harm it."; section 10 (1) sentence 2 applies accordingly. The naturalisation certificate should, as a rule, be delivered at a public naturalisation ceremony.

(1) German nationality is lost

1.

by renunciation (section 26),

2.

by joining the armed forces or a comparable armed formation of a foreign state, or by actively participating in combat operations of a terrorist organisation abroad (section 28), or

3.

by withdrawal of an unlawful administrative act (section 35).

(2) A child also loses German nationality retroactively from the date of acquisition under section 4 (1), (2) or (3) sentence 1 or under section 6 if the requirements for that acquisition are no longer met. The legal consequence under sentence 1 arises if

1.

the retroactive decision is no longer open to challenge concerning

a)

a determination, effective under German law, that paternity does not exist,

b)

the withdrawal of the foreigners authority's consent to acknowledgement of paternity pursuant to section 85d (2) to (4) of the Residence Act, or the withdrawal of the foreigners authority's determination pursuant to section 85d (5) of the Residence Act, in each case in conjunction with section 1598 (1) sentence 2 of the Civil Code,

c)

the cessation of the right of residence referred to in section 4 (3) sentence 1 number 2 of the parent whose right is relevant to the child's acquisition of German nationality,

d)

the ineffectiveness of the adoption as a child, or

e)

the loss of a parent's German nationality under section 35 (6),

or

2.

an acknowledgement of paternity by a third party that is effective under German law and results in the retroactive non-existence of the previous paternity takes effect, or

3.

the contrary is proved under section 4 (2).

German nationality is not lost if the child

1.

has already reached the age of five when the decision becomes no longer open to challenge, when acknowledgement of paternity by a third party takes effect, or when the contrary is proved under sentence 2; this does not apply in the case of sentence 2 number 1 letter b,

2.

remains related to a German parent,

3.

would otherwise have acquired German nationality under section 4 (3) sentence 1, or

4.

would otherwise become stateless.

(1) A German may renounce their nationality if they possess several nationalities. Renunciation must be declared in writing.

(2) The declaration of renunciation requires approval by the competent nationality authority. Approval must be refused to:

1.

civil servants, judges, members of the Bundeswehr and other persons in a public-law service or office relationship, for as long as that relationship has not ended, with the exception of persons serving in an honorary capacity,

2.

persons liable for military service, unless the Federal Ministry of Defence or the body designated by it has declared that there are no objections to approving the declaration of renunciation.

Sentence 2 does not apply if the person renouncing nationality

1.

has had their habitual residence abroad for at least ten years, or

2.

as a person liable for military service within the meaning of sentence 2 number 2, has performed military service in one of the states whose nationality they possess.

(3) Loss of nationality takes effect upon delivery of the renunciation certificate issued by the competent nationality authority.

(4) Renunciation by an adult German who lacks legal capacity under the Civil Code, or for whom a custodian has been appointed in this matter and a reservation of consent has been ordered under section 1825 of the Civil Code, may be declared only by a person authorised to represent them and only with the approval of the German custodianship court. Renunciation by a minor German may be declared only by their legal representative and only with the approval of the German family court. If the minor has capacity to act under section 34 sentence 1, the declaration of renunciation requires their consent.

(1) A German who

1.

voluntarily joins the armed forces or a comparable armed formation of a foreign state whose nationality they possess, without the consent of the Federal Ministry of Defence or the body designated by it, or

2.

actively participates in combat operations of a terrorist organisation abroad,

loses German nationality unless they would otherwise become stateless.

(2) Loss under subsection (1) does not occur

1.

if the German is still a minor, or,

2.

in the case of subsection (1) number 1, if the German is entitled to join the armed forces or the armed formation under an international treaty.

(3) In the case of subsection (1) number 2, loss must be determined ex officio under section 30 (1) sentence 3. If the person concerned has their habitual residence within Germany, the determination is made by the highest Land authority or the authority it designates under Land law. If the person concerned is still abroad, no administrative objection may be lodged against the determination of loss; a legal action has no suspensive effect.

(1) The possession or non-possession of German nationality is determined by the nationality authority upon application if a legitimate interest is credibly demonstrated. The determination is binding in all matters in which possession or non-possession of German nationality has legal significance. Where there is a public interest, the determination may also be made ex officio. Where the conditions for loss of German nationality by operation of law are met and that loss would also entail loss of citizenship of the Union, non-possession of German nationality may be determined only if the loss of citizenship of the Union is also proportionate. This does not apply if no application to avert the statutory loss of German nationality was made or such an application was not granted.

(2) To determine possession of German nationality, it is necessary, but also sufficient, for certificates, extracts from population registers or other written evidence to establish with sufficient probability that German nationality was acquired and was not subsequently lost. Section 3 (2) remains unaffected.

(3) If possession of German nationality is determined upon application, the nationality authority issues a certificate of nationality. Upon application, the nationality authority issues a certificate of non-possession of German nationality.

Nationality authorities and diplomatic missions may process personal data insofar as this is necessary to perform their duties under this Act or nationality provisions in other acts. Personal data whose processing is prohibited under Article 9 (1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1; L 314, 22.11.2016, p. 72; L 127, 23.5.2018, p. 2), as amended, may be processed insofar as the personal data have been transmitted by the authorities for the protection of the constitution to the nationality authorities under section 37 sentence 2 to identify grounds for exclusion under section 11 sentence 1 number 1 or 2, or processing is otherwise necessary in the individual case to perform their duties. In decisions on nationality under Article 116 (2) of the Basic Law, this also applies to data relating to the political, racial or religious grounds on which German nationality was withdrawn between 30 January 1933 and 8 May 1945. Sentence 3 applies accordingly to naturalisation proceedings under section 15.

(1) Public bodies must transmit personal data to the bodies referred to in section 31 upon request insofar as knowledge of those data is necessary to perform the duties referred to in section 31. Public bodies must also transmit those data to the competent nationality authority without a request insofar as, in the public body's assessment, transmission is necessary for the nationality authority's decision on pending naturalisation proceedings or on the loss or non-acquisition of German nationality. In naturalisation proceedings, this applies in particular to data which have become known to the foreigners authorities under section 87 (4) of the Residence Act concerning the initiation of criminal and extradition proceedings and the conclusion of criminal proceedings, administrative fine proceedings and extradition proceedings. The data referred to in sentence 3 must be transmitted to the competent nationality authority without delay.

(2) Personal data must not be transmitted under subsection (1) insofar as special statutory processing rules preclude it.

Section 88 (3) sentence 1 of the Residence Act applies accordingly to naturalisation proceedings.

In cases of a final conviction under sections 86, 86a, 102, 104, 111, 125, 126, 126a, 130, 140, 166, 185 to 189, 192a, 223, 224, 240, 241, 303, 304 and 306 to 306c of the Criminal Code which would otherwise be disregarded for naturalisation under section 12a (1) sentence 1, the nationality authority, in order to determine whether the conditions of section 12a (1) sentence 2 are met, requests the competent public prosecutor's office to inform it whether motives involving antisemitism, racism or other contempt for humanity within the meaning of section 46 (2) sentence 2 of the Criminal Code were established in the judgment. The competent public prosecutor's office informs the requesting nationality authority without delay.

(1) The Federal Office of Administration (register authority) maintains a register of decisions in nationality matters. The following are entered in the register:

1.

decisions concerning nationality documents,

2.

decisions concerning the possession and statutory loss of German nationality,

3.

decisions triggering a waiting period under section 35a,

4.

decisions concerning the acquisition, possession and loss of German nationality made after 31 December 1960 and before 28 August 2007.

(2) In particular, the register may store:

1.

the basic personal details of the person concerned (surname, birth name, previous names, given names, date and place of birth, sex and address at the time of the decision),

2.

the legal basis and date of the document or decision and the legal basis and date of acquisition or loss of nationality, in the case of section 3 (2) also the date from which acquisition takes retroactive effect, and in the case of section 35a the beginning and end of the waiting period,

3.

the name, address and file reference of the authority which made the decision.

(3) Nationality authorities are obliged to transmit to the register authority without delay the personal data referred to in subsection (2) concerning decisions under subsection (1) sentence 2 numbers 1 and 2 which they make after 28 August 2007.

(4) The register authority transmits the data referred to in subsection (2) to nationality authorities and diplomatic missions upon request insofar as knowledge of the data is necessary for those bodies to perform their nationality-related duties. The provisions of the Federal Data Protection Act apply to transmission to other public bodies and for research purposes. Transmission of information under subsection (1) for research purposes is permissible only in anonymised form or where the scientific interest in carrying out the research project substantially outweighs the interest of the person concerned in excluding processing.

(5) After deciding that a person has been naturalised or continues to possess, has lost, has relinquished or has not acquired German nationality, the nationality authority must inform the competent registration authority or diplomatic mission of the data referred to in subsection (2) without delay.

A person who has reached the age of 16 has capacity to perform procedural acts under this Act, unless they lack legal capacity under the Civil Code or a custodian has been appointed for them in this matter and a reservation of consent has been ordered under section 1825 of the Civil Code. Section 80 (3) and section 82 of the Residence Act apply accordingly.

(1) An unlawful naturalisation may be withdrawn only if the administrative act was obtained by fraudulent deception, threats or bribery, or by intentionally providing incorrect or incomplete information which was material to its issuance.

(2) The fact that withdrawal renders the person concerned stateless generally does not preclude it.

(3) Withdrawal is permissible only within ten years after notification of the naturalisation.

(4) Withdrawal takes retroactive effect.

(5) If withdrawal affects the lawfulness of administrative acts under this Act concerning third parties, a separate discretionary decision must be made for each person concerned. In particular, any participation by the third party in the fraudulent deception, threats or bribery or in the intentionally incorrect or incomplete information must be weighed against their interests deserving protection, with particular regard also to the child's welfare.

(6) German nationality is lost retroactively when the withdrawal decision is no longer open to challenge. Where an unlawful certificate under section 15 (1) or (2) of the Federal Expellees Act has been withdrawn with retroactive effect under section 15 (4) of that Act, subsection (2) and sentence 1 apply accordingly.

Naturalisation is excluded for a period of ten years if

1.

naturalisation has been withdrawn under section 35 and the withdrawal is no longer open to challenge, or

2.

the competent nationality authority establishes in naturalisation proceedings that, in order to obtain naturalisation for themselves or another person, an applicant has engaged in fraudulent deception, threats or bribery, or has intentionally provided or used incorrect or incomplete information concerning essential requirements for naturalisation.

The determination under number 2 is immediately enforceable; administrative objections and legal actions have no suspensive effect.

(1) Annual surveys of naturalisations, each covering the preceding calendar year, are conducted as federal statistics beginning in 2000.

(2) The surveys record the following characteristics for each naturalised person:

1.

year of birth,

2.

sex,

3.

marital status,

4.

place of residence at the time of naturalisation,

5.

length of residence in the federal territory in years,

6.

legal basis for naturalisation, and

7.

previous nationalities.

(2a) Annual surveys of applications for naturalisation, each covering the preceding calendar year, are conducted as federal statistics beginning in 2025. For each applicant, the surveys record the characteristics referred to in subsection (2) numbers 1 to 3, 5 and 7 and, as an additional characteristic, the place of residence at the time of application.

(2b) Annual surveys of the conclusion of proceedings, each covering the preceding calendar year, are conducted as federal statistics beginning in 2025. For each applicant, the surveys record the characteristics referred to in subsection (2) numbers 1 to 3, 5 and 7 and, as additional characteristics, the place of residence at the time the proceedings were concluded and the manner in which they were concluded.

(3) Auxiliary characteristics of the surveys are:

1.

the name and address of the bodies obliged to provide information under subsection (4),

2.

the name and telecommunications numbers of the person available to answer queries, and

3.

the registration number of the applicant or naturalised person at the nationality authority.

(4) There is an obligation to provide information for the surveys. The nationality authorities are obliged to provide information. They must provide the information to the competent statistical offices of the Länder by 1 March each year. The information under subsection (3) number 2 is voluntary.

(5) The Federal Statistical Office and the statistical offices of the Länder may transmit tables containing statistical results to the highest federal and Land authorities with subject-matter competence for use in dealings with legislative bodies and for planning purposes, but not for regulating individual cases, even where table cells contain only a single case.

To identify grounds for exclusion under section 11 sentence 1 numbers 1 and 2, the nationality authorities transmit to the authorities for the protection of the constitution the personal data stored by them concerning applicants who have reached the age of 16. The authorities for the protection of the constitution inform the requesting body without delay in accordance with the applicable special statutory processing rules.

(1) Fees and expenses are charged for individually attributable public services in nationality matters unless otherwise provided by law.

(2) Fees are charged for:

1.	naturalisation, in the amount of	255 euros
2.	determination of possession or non-possession of German nationality upon application, in the amount of	51 euros
3.	issuance of another certificate, in the amount of	at least 5 euros
	and	no more than 51 euros.

The fee is reduced to 51 euros for a minor child who is included in the naturalisation and has no income of their own within the meaning of the Income Tax Act. For revocation or withdrawal of a service applied for under sentence 1, insofar as the person concerned gave cause for it, rejection or withdrawal of an application for such a service after substantive processing has begun, and rejection or withdrawal of an administrative objection after substantive processing has begun, a fee is charged ranging from 25 euros up to the amount prescribed or chargeable for providing the requested service.

(3) The following are exempt from fees:

1.

naturalisation under Article 116 (2) sentence 1 of the Basic Law and certification of nationality under Article 116 (2) sentence 2 of the Basic Law,

2.

naturalisation under section 15,

3.

naturalisation of former Germans who lost German nationality through marriage to a foreign national,

4.

acquisition by declaration under section 5,

5.

renunciation, and

6.

ex officio determination of possession or non-possession of German nationality under section 30 (1) sentence 3.

(4) Fees under subsection (2) may be reduced or waived on grounds of equity or in the public interest.

Issuing documents in nationality matters in electronic form is excluded.

The Federal Ministry of the Interior and Community is authorised to issue, by statutory instrument with the consent of the Bundesrat, provisions on the formal requirements for naturalisation and renunciation certificates, certificates of acquisition of German nationality by declaration, and certificates of nationality.

For naturalisation applications submitted by 23 August 2023, section 10 (1) sentence 1 number 3 in the version applicable before 27 June 2024 applies insofar as it contains more favourable provisions.

The provisions concerning administrative procedures of the Länder laid down in sections 32, 33 and 37 of this Act may not be derogated from by Land law.

Anyone who provides or uses incorrect or incomplete information concerning essential requirements for naturalisation in order fraudulently to obtain naturalisation for themselves or another person is punishable by imprisonment for up to five years or a fine.