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DE flag§5 StAG / Art. 116(2) · Descent Through a Great-Grandparent

German Citizenship Through Your Great-Grandparent

If you trace German descent only through your great-grandparent, check §4 StAG and also §5 StAG, Art. 116(2) and §15 StAG — none of the last three needs the §4 chain. This is informational, not legal advice. Consult a licensed German citizenship attorney for guidance on your specific situation.

Last verified: September 8, 2026 · Maintained by The Next Passport (Warner Creates LLC).

German emigration to the United States peaked in the nineteenth and early twentieth centuries, which is why so many American families reach a German-born great-grandparent and stop. If your German ancestor is your great-grandparent, there are typically three intervening generations between that ancestor and you — great-grandparent to grandparent, grandparent to parent, and parent to you. For §4 StAG to work, every one of those transitions must have happened while the prior generation was still a German citizen.

§25 was repealed — the section number is still in the Act, but the text under it is gone; the repeal only took effect June 27, 2024 and does not reach back. A broken chain does not mean you are out of options: §5 StAG, Art. 116(2) and §15 StAG, the restitution route for people persecuted on the same grounds but not formally deprived. It has FOUR limbs, and only the fourth is about residence: Nr. 1 gave up or lost German citizenship BEFORE 26 FEBRUARY 1955; Nr. 2 were excluded from acquiring it by marriage, legitimation or collective naturalisation; Nr. 3 were refused naturalisation after applying, or were generally excluded from it; Nr. 4 gave up or lost a habitual residence in Germany, whether established before 30 January 1933 or, as a child, after that date too. Nr. 2 and Nr. 3 reach people who never held German citizenship at all, so ‘never formally taken away’ is too narrow a summary of the route — none of which needs the §4 chain.

§4 at great-grandparent level

§25 StAG applied from the Nationality Act's commencement on 1 January 1914, and the 1870 Act it replaced took citizenship a different way, through ten unbroken years abroad rather than through naturalizing. That is the arithmetic behind the 1904 screen the German missions publish: germany.info states that “as most immigrants from Germany were affected by this automatic loss of German citizenship, it is usually not possible to base a claim to German citizenship on ancestors who immigrated to the United States before 1904”.

If you have family records showing continuous German citizenship across three generations — for example, a great-grandparent who obtained a Beibehaltungsgenehmigung before naturalizing — §4 may still apply.

The text of §25 in each era, in German with our translation, is quoted on the dual-citizenship reform page, and the free eligibility check asks the facts it turned on. Start the free eligibility check →

§4(4) generation cutoff

Even if you could establish an unbroken §4 chain back to a great-grandparent, §4(4) StAG introduces a generational obstacle — but read its trigger carefully, because it attaches to your parent's birth rather than your own. It applies where the German parent was born abroad after December 31, 1999 and is habitually resident abroad; the child's own birth date is not the test. A parent born after that date would be in their mid-twenties at most today, so for the great-grandparent chains described on this page §4(4) is rarely the live obstacle. Two limbs of Satz 1 itself keep it from biting: it does not apply where the child would otherwise be stateless, and where both parents are German it applies only if both of them were born abroad after that date and are habitually resident abroad — one German parent born in Germany is enough to take the family out of it. Where it does apply, automatic inheritance is cut off unless the family filed an application under §36 of the Personenstandsgesetz to enter the birth in the German birth register, filed within one year of the birth — and it is enough that it reaches the competent German mission inside that year. And §4(4) Satz 4 disapplies the cut-off for an Art. 116(2) Basic Law claim and a §15 StAG claim — §4(4) Satz 4 disapplies it for those two claims themselves, while §4(5) separately disapplies it for the descendants of a German who acquired citizenship under Art. 116(2) or §15 — and, under Nr. 2, for the descendants of someone who would have had such a claim even if they never made it — both worth knowing on this page, because those are the two routes it sends most readers to, and the descendant limb is what carries the claim down to a great-grandchild.

Path 1: §5 StAG gender-fix declaration

§5 StAG is your most likely path if any generation in your chain was blocked by pre-1975 gender rules. The two scenarios that open it at great-grandparent level are:

  • •Your German great-grandmother married a foreign man before April 1, 1953 (losing citizenship on marriage), OR
  • •Your German grandmother had children in wedlock before January 1, 1975 with a foreign father (children inherited only the father's citizenship under the rules in force at the time).

§5 StAG has no generation cap, and descendants of the affected ancestor can file under item 4 without the parent or grandparent having filed first. There is one threshold that does not spare descendants, and it is the one most often stated wrongly: every §5(1) claimant, item 4 included, must have been born after May 23, 1949. The chapeau of §5(1) — “die nach dem Inkrafttreten des Grundgesetzes geborenen” — governs all four items, and BVA's item 4 checklist row repeats it. Expect to document the generation above you as well: the BVA first tests whether the parent you derive the claim from is itself entitled under items 1 to 3, using the details of that parent's own parents — so a descendant's file has to carry the grandparents' records too. The filing window closes August 19, 2031, and what counts is receipt at the Bundesverwaltungsamt — not the postmark, and not lodgement at a consulate.

See our §5 StAG declaration guide for the four statutory categories and the declaration process.

Path 2: Art. 116(2) restitution

If your great-grandparent had German citizenship taken from them between January 30, 1933 and May 8, 1945 on political, racial or religious grounds, Art. 116(2) of the Basic Law provides a constitutional right to restoration for that ancestor “und ihre Abkömmlinge” — and their descendants.

Read “taken from them” strictly, because this is the fork most families land on. Art. 116(2) is about deprivation — entzogen, the word the constitutional text uses. An ancestor who was persecuted and emigrated, but whose citizenship was never formally withdrawn, is not inside Art. 116(2); their route is §15 StAG, the restitution route for people persecuted on the same grounds but not formally deprived. It has FOUR limbs, and only the fourth is about residence: Nr. 1 gave up or lost German citizenship BEFORE 26 FEBRUARY 1955; Nr. 2 were excluded from acquiring it by marriage, legitimation or collective naturalisation; Nr. 3 were refused naturalisation after applying, or were generally excluded from it; Nr. 4 gave up or lost a habitual residence in Germany, whether established before 30 January 1933 or, as a child, after that date too. Nr. 2 and Nr. 3 reach people who never held German citizenship at all, so ‘never formally taken away’ is too narrow a summary of the route. §15's fourth limb covers precisely the person who gave up or lost a German residence, held before 30 January 1933, in connection with persecution. Read that limb to its end, because it has a second half that is routinely dropped: the residence counts if it was established before 30 January 1933 “oder als Kind auch nach diesem Zeitpunkt” — or, for someone who was a child, after that date as well. An ancestor born in Germany in 1935 and taken out in 1938 is inside §15 Nr. 4; the 1933 date does not shut them out. The BVA keeps the two procedures apart, so it is worth knowing which one you are in before you file.

And Nr. 4 is one of four. §15 Satz 1 also reaches people who gave up or lost German citizenship before 26 February 1955 (Nr. 1), who were shut out of a legal acquisition by marriage, legitimation or a collective naturalisation of ethnic Germans (Nr. 2), and who applied for naturalisation and were refused — or were generally excluded from a naturalisation that would otherwise have been possible (Nr. 3). Then Satz 3 rescues the case people assume is hopeless: a German citizenship acquired after 8 May 1945 and then lost by marrying a foreigner, or by a foreigner's legitimation, does not defeat the §15 claim, even though Satz 2 bars other post-1945 losses.

Either way the claim bypasses the §4 chain analysis entirely: it is not descent through an unbroken chain but a remedy for a loss the state inflicted. Two different subsections do that work — §4(4) Satz 4 for an Art. 116(2) Basic Law claim and a §15 StAG claim — §4(4) Satz 4 disapplies it for those two claims themselves, and §4(5) separately disapplies it for the descendants of a German who acquired citizenship under Art. 116(2) or §15 — and, under Nr. 2, for the descendants of someone who would have had such a claim even if they never made it, which is the limb that matters on a great-grandparent page. Neither route has a deadline and neither carries a fee (§38(3) Nr. 1 StAG and §38(3) Nr. 2 StAG). What we cannot tell you is how long either takes: not officially published.

See our Art. 116(2) guide for the evidence of persecution and the Arolsen Archives and Bundesarchiv research starting points.

Which path is right for your family?

If your ancestor left Germany voluntarily 1850–1920 and naturalized abroad

The 2024 repeal of §25 does not put back a chain that had already broken — and which rule could have broken it depends on the date, as set out above. From 1 January 1914 it was §25, whose text in each era is quoted on the dual-citizenship reform page. Before that, under the 1870 Act, the loss ran on ten unbroken years abroad, so it can pre-date the naturalization by years, and registering on the consular roll interrupted the clock. For a pre-1904 departure the question is what the Konsulatsmatrikel shows, not what the naturalization certificate says. Check whether a pre-January 1, 1975 gender rule also applies — if so, §5 StAG is your path, subject to the August 19, 2031 deadline.

If your ancestor was Jewish or otherwise persecuted and left Germany between January 30, 1933 and May 8, 1945

A persecution route has no deadline and no fee, and it is naturalisation on application rather than anything automatic. Which one applies depends on whether citizenship was formally withdrawn: if it was, Art. 116(2); if it was not, §15 StAG, the restitution route for people persecuted on the same grounds but not formally deprived. It has FOUR limbs, and only the fourth is about residence: Nr. 1 gave up or lost German citizenship BEFORE 26 FEBRUARY 1955; Nr. 2 were excluded from acquiring it by marriage, legitimation or collective naturalisation; Nr. 3 were refused naturalisation after applying, or were generally excluded from it; Nr. 4 gave up or lost a habitual residence in Germany, whether established before 30 January 1933 or, as a child, after that date too. Nr. 2 and Nr. 3 reach people who never held German citizenship at all, so ‘never formally taken away’ is too narrow a summary of the route. We publish no timing for either, because not officially published — do not plan around a number you find on a law-firm page.

If you can document an unbroken chain across three generations

§4 StAG Feststellung remains possible, but the evidentiary burden is substantial. You will need German Standesamt records for every generation plus the naturalization record of each ancestor who became a citizen of another country.

Find your path in a few minutes

Our free eligibility check walks you through §4, §5, and Art. 116(2) simultaneously — and tells you which path (if any) may apply to your specific great-grandparent claim.

Start the free eligibility check →

Not legal advice. Great-grandparent-level German descent claims depend heavily on historical records and precise dates. Consult a licensed German citizenship attorney for guidance on your specific situation.