German Citizenship by Descent: Who Qualifies, How to Apply

You may already be German if a parent, grandparent or great-grandparent was a German citizen, because German citizenship by descent passes from parent to child at birth. Many Americans hold it without knowing. The real question is whether each person in your line was still German on the day the next generation was born.

Two old rules break most American family lines. The first is the 10-year rule for emigrants who left before 1904. The second is the loss of citizenship through US naturalization between 1914 and June 2024. A separate route under Section 5 StAG fixes old gender discrimination, and it stays open until 19 August 2031. You can file with the Federal Office of Administration (BVA) in Cologne directly or through your German consulate in the US.

Key facts at a glance

Question	Short answer (as of November 2026)
Does Germany have citizenship by descent?	Yes. It passes from a parent who was German when the child was born.
Ancestor emigrated before 1904?	Usually no claim, because of the 10-year rule abroad.
Ancestor naturalized in the US?	Between 1 January 1914 and 26 June 2024 this usually ended German citizenship; naturalizations before 1914 need case-by-case checking.
Claim through a German mother or grandmother?	Often possible by declaration under Section 5 StAG.
Section 5 deadline	The declaration must reach the BVA by 19 August 2031.
Section 5 police check	US residents send an original FBI Identity History Summary.
Cost	Section 5 is free. A Section 4 citizenship certificate costs 51 euros.
Where to file	BVA in Cologne, directly or through your German mission in the US.
Typical wait	About two years is "not unusual" for a determination, per the BVA.
Keep US citizenship?	Yes. Germany generally allows multiple citizenship since 27 June 2024.

Citizenship law depends on exact dates and documents, so confirm your own case with the BVA, your German mission or a qualified German nationality lawyer.

German citizenship by descent requirements: how it passes down

The core requirement is simple: your parent must have been a German citizen at the moment you were born. Then the same test applies one step back, to your parent's parent, and so on to the ancestor who left Germany.

The German Embassy in Washington says about 45 million people in the US claim German ancestry, and that many learn they are German only after decades (German Embassy Washington). Ancestry alone is not enough. You need an unbroken chain of citizenship, not just German roots.

The embassy's questionnaire tells you to collect your ancestors' US naturalization certificates and any German citizenship certificates, because those papers usually decide the case (German Embassy Washington questionnaire).

The routes, in plain terms

Section 4 determination (Feststellung): you are already German by birth, and the BVA confirms it with a certificate.
Section 5 declaration: you were left out at birth by old gender rules, and you become German by filing a declaration.
Section 15 StAG and Article 116(2) of the Basic Law: restoration routes for people persecuted by the Nazis and their descendants. These matter to many Jewish American families, and naturalization under Section 15 is free of charge under Section 38(3) StAG (Nationality Act, English translation). The 2024 reform did not change Article 116(2). This guide does not cover these routes in detail.
Section 14 naturalization: MTH Partner says people born before 24 May 1949 cannot use Section 5 and may be directed to this discretionary route instead (MTH Partner).

If you also have Irish roots, compare this with our guide to Irish citizenship by descent for Americans, which works very differently.

Can I get German citizenship through a grandparent or great-grandparent?

Often yes through a grandparent, and sometimes through a great-grandparent. The date your ancestor left Germany matters most: if they emigrated before 1904, the line is usually broken. If they left in 1904 or later, a claim may still work.

The 10-year rule and the 1904 cut-off

Under the citizenship act in force from 1871 to 1914, a German who lived abroad for more than 10 years lost citizenship automatically. The Washington embassy says most emigrants were affected, so a claim through an ancestor who emigrated to the US before 1904 is usually not possible (German Embassy Washington).

There were two ways to avoid this loss: being entered in the German consulate's register (Konsulatsmatrikel), or continuing to apply for German passports. An ancestor who did neither lost citizenship after 10 years and could not pass it on (Federal Foreign Office, German mission South Africa). The Federal Foreign Office confirms the rule matters for ancestors who emigrated before 1904 (Federal Foreign Office, German Embassy London).

Worked example: counting the 10 years

The rule ended when the new Nationality Act took effect on 1 January 1914. Here is how that plays out:

Left in March 1903: 10 years abroad ran out in March 1913, before the rule ended. Without a consular registration or passport renewals, this ancestor lost German citizenship in March 1913. Children born after that were not German.
Left in June 1904: 10 years would have ended in June 1914, but the rule was abolished on 1 January 1914. This ancestor was not caught by the 10-year rule.

If your ancestor naturalized in the US before 1914, get advice. Some practitioners argue the 1868 Bancroft Treaty also ended German citizenship in those cases, while others disagree. Some also say a loss under the 10-year rule could extend to the emigrant's wife and minor children living with him, so check how this applies to your family with the BVA or an adviser.

Many commercial websites say "before 1914." That is misleading. Ancestors who left between 1904 and 1913 escaped the 10-year rule, but they can still be caught by later loss rules, such as US naturalization.

My grandfather naturalized as a US citizen. Did he lose German citizenship?

Probably yes, if he naturalized between 1 January 1914 and 26 June 2024 without a retention permit. What matters for you is whether he naturalized before or after your parent was born.

From 1 January 1914 until 26 June 2024, a German who voluntarily acquired another citizenship on application, such as through US naturalization, generally lost German citizenship unless they held a retention permit (Beibehaltungsgenehmigung). Getting another citizenship automatically at birth, such as being born in the US, did not cause loss (Federal Foreign Office, German mission Canada).

Worked example: one family, two outcomes

Say your great-grandfather arrived in New York in 1909. Your grandfather was born in Ohio in 1921, and your great-grandfather naturalized in 1928.

1909 is after the 1904 cut-off, so the 10-year rule does not apply.
In 1921 your great-grandfather was still German, so your grandfather was German at birth. His US citizenship came automatically at birth, which did not cause loss.
Your great-grandfather lost German citizenship in 1928, but your grandfather had already received it.
If your grandfather never naturalized anywhere and your father was born in 1952, your father was German at birth. If you were born to him in 1984, you are likely German too.

Now change one date. If your great-grandfather naturalized in 1919, two years before your grandfather's birth, he was no longer German in 1921. Your grandfather was not German, and the line ends there. Same family, a completely different answer. This is why the naturalization certificate is often the most important paper in your file.

The BVA will also check whether any other rule removed citizenship along the way, so a clean timeline on paper is a strong start, not a guarantee.

Section 5 StAG: claims through a German mother or grandmother

If your German line runs through a woman, you may be eligible under Section 5 StAG even when an older rule shut you out. Section 5 has been in force since 20 August 2021 and lets people excluded by former gender-discriminatory descent rules become German by simple declaration (Bundesverwaltungsamt).

Who Section 5 covers

Section 5 covers people born after the Basic Law took effect (after 23 May 1949), including children of a German mother who lost citizenship by marrying a foreigner. It also covers people who lost citizenship through legitimation, and descendants of all these groups (BVA Merkblatt, August 2021 edition; check the BVA for the current version). The practical cut-off dates, as summarized by MTH Partner, are:

Children born in wedlock before 1 January 1975 to a German mother and a foreign father did not receive German citizenship at birth.
Children born out of wedlock to a German father before 1 July 1993 did not receive it either.
A German woman who married a foreigner before 1 April 1953 generally lost her citizenship.

Typical American trees that fit

A common pattern: your grandmother was German and married an American in 1947. She lost citizenship by that marriage, so your mother, born in the US in 1950, was not German at birth. Because your mother was born after 23 May 1949, she and her descendants, including you, can file Section 5 declarations.

Another: your mother was born in 1962 to a German mother and an American father who were married. She did not get citizenship at birth because it was before 1975. She can declare, and so can you as her child. The BVA must first check the eligibility of the relevant parent, including details about the grandparents, so expect to document the whole line (BVA Merkblatt, August 2021 edition).

The 19 August 2031 deadline

Section 5 declarations must reach the BVA by 19 August 2031. Receipt at the BVA is what counts, not the postmark and not the date you handed it in at a consulate (The Next Passport). As of November 2026, less than five years remain. If you go through a consulate, add mailing time to Cologne.

What Section 5 does and does not require

A Section 5 declaration needs no German language skills, no residence in Germany and no naturalization test, and you keep your existing citizenship. Citizenship is acquired when the BVA receives the declaration (FMR Legal).

You do need a clean criminal record. With a Section 5 declaration the BVA asks for a current police certificate covering your whole country of residence, in the original. For US residents that means an FBI Identity History Summary, not a state or county check, according to the BVA's Section 5 form pack.

Which route fits your family tree?

Find the row closest to your family below. It shows the likely outcome and which procedure to look at first.

Your family situation	Likely outcome	Route to check
German ancestor emigrated before 1904, never registered at a consulate or renewed a passport	Lost citizenship after 10 years abroad	Usually no claim
Ancestor naturalized in the US before 1914	Unclear; practitioners disagree	Get case-by-case advice
Ancestor emigrated 1904 to 1913 and did not naturalize before the next generation was born	Not caught by the 10-year rule	Section 4 determination
German grandparent naturalized in the US before your parent's birth (1914 to June 2024), no retention permit	Lost citizenship before passing it on	Usually no claim through that person
German grandfather naturalized after your parent's birth	Parent likely German at birth	Section 4 determination
German grandmother married a non-German before 1 April 1953	Lost citizenship by marriage	Section 5 for children born after 23 May 1949 and descendants
Parent born in wedlock before 1 January 1975 to a German mother and non-German father	Not German at birth	Section 5 declaration
Born out of wedlock to a German father before 1 July 1993	Not German at birth	Section 5 declaration
Excluded by gender rules but born before 24 May 1949	Cannot use Section 5, per MTH Partner	Possibly Section 14 naturalization
German parent born outside Germany after 31 December 1999, living abroad, child born abroad with another citizenship	Child is German only if the birth is registered with a German civil registry office or mission within one year	Register the birth within one year

How to apply for German citizenship by descent from the US

Citizenship applications go to the BVA in Cologne. You can mail your file directly, or file through the German mission responsible for your state, which forwards it (Federal Foreign Office).

Map your tree with dates. For each generation, write down birth date, marriage date, emigration year and any naturalization date. Use the embassy questionnaire as your checklist.
Pick your route. Section 4 if you think you are already German, Section 5 if a gender rule left you out.
Collect records for every link (see the document list below). For Section 5, order your FBI Identity History Summary early.
Download the current BVA forms. A new edition of the BVA information sheet on acquisition by declaration was issued in October 2025, according to The Next Passport, so get the forms from the BVA website rather than reusing an old PDF a relative sent you.
Choose direct filing or your mission. Not every honorary consul accepts citizenship applications. Des Moines and Leawood do, while Anchorage and Charlotte do not (Federal Foreign Office).
Book the right appointment category. The Washington embassy has a separate "Declaration of Acquisition" category for Section 5. It cannot be used for passports or civil-status matters such as birth notifications (Washington appointment system). New York warns that if you book the wrong category, the consulate cannot accept your application (New York appointment system).
Expect a pre-check. The Los Angeles consulate reviews your file first and sends a personal booking link only if it is complete (German Consulate General Los Angeles).
Answer BVA follow-ups quickly. The BVA often asks for more documents after reviewing a file (The Next Passport).
Apply for your passport in person. Los Angeles does not process mailed passport applications. In its district, residents of Arizona, Colorado, Nevada and Utah can apply at an honorary consul for an extra fee (German Consulate General Los Angeles).

Consulate passport or BVA determination?

German missions say descent usually happens automatically, and New York says your citizenship can often be confirmed when you apply for a passport. In simple cases, such as a German-born parent, that may be enough. For multi-generation or Section 5 cases, practitioners usually advise a formal BVA procedure, because a consulate may not be able to confirm a complex chain (MTH Partner).

Once you hold citizenship, our overview of European passport requirements and our guide on how to move to Europe as an American help with next steps.

Documents, costs and BVA processing time

The official fees are small, but the wait is long. Plan for about two years, and budget more for records than for fees.

What documents you need

Birth, marriage and divorce records for every generation, from you back to the emigrant.
Proof your ancestor was German: an old German passport, birth or baptism record, Heimatschein or citizenship certificate.
US naturalization records for each ancestor who naturalized. The USCIS Genealogy Program is a common source for older files.
Proof of no naturalization, where an ancestor never became a US citizen.
Section 5 only: an original FBI Identity History Summary (check the BVA form pack for how recent it must be).

For a Section 4 determination, the BVA generally wants originals or certified copies. For a Section 5 declaration, copies are usually enough and the BVA asks for originals only if needed, except the police certificate, which must be an original. Check the current BVA form pack for apostille and translation rules.

What it costs

A Section 5 declaration is free. The BVA charges nothing for the procedure, although you still pay for records, certified copies and translations (Bundesverwaltungsamt, Section 5 fees).

The BVA charges 51 euros for a citizenship certificate (Staatsangehörigkeitsausweis) after a determination, under Section 38 StAG. If your application is refused, the BVA charges 25 to 51 euros, depending on how much work the file took (Bundesverwaltungsamt, determination fees). At an illustrative planning rate of 1 euro = 1.15 US dollars (check today's rate before paying), 51 euros is about $59. Bank charges for transfers from abroad are extra.

How long it takes

The BVA says it receives about 1,000 new determination applications every month and calls a two-year processing time "unfortunately not unusual" (The Next Passport). Law firms report anywhere from about 12 to 36 months, and the BVA publishes no official Section 5 timeline. For Section 5, a law firm's Freedom of Information request shows the backlog grew from 34,212 on 31 December 2025 to 37,128 on 30 June 2026 (MTH Partner).

Common mistakes Americans make

Most failed or delayed claims come from a handful of avoidable errors.

Giving up because of "1914." The 10-year rule mostly affects ancestors who left before 1904. If yours left in 1906, keep going.
Ignoring the naturalization date. One year earlier or later can decide everything. Get the actual certificate, not a family memory.
Assuming the 2024 reform restored lost citizenship. The modernization law took effect on 27 June 2024 but is not retroactive. A German who naturalized in the US before that date without a retention permit does not get citizenship back (The Next Passport).
Sending a state or county police check. For Section 5, US residents need an original FBI Identity History Summary.
Booking the wrong appointment. A Section 5 slot will not cover your passport, and vice versa.
Mailing a passport application. The Los Angeles consulate, for example, does not process mailed passport applications.
Using an honorary consul that does not take citizenship files. Check the Federal Foreign Office list first.
Paying for a Section 5 declaration. The BVA procedure is free.
Treating the 2031 deadline as a postmark date. Only receipt at the BVA counts.
Missing the one-year birth registration for a child whose German parent was born abroad after 1999.

Frequently asked questions

Can I get German citizenship by descent?

You can if your parent was German when you were born, and the same was true for each earlier generation back to the emigrant. If a German woman in your line lost citizenship by marriage, or a gender rule kept citizenship from her child, you may qualify by declaration under Section 5 StAG instead. Start by listing every birth and naturalization date in your line.

Can you get German citizenship through ancestry if my ancestor left in the 1800s?

Usually not. Under the law in force from 1871 to 1914, a German living abroad more than 10 years lost citizenship automatically unless registered at a German consulate or renewing German passports. The German Embassy in Washington says a claim through an ancestor who emigrated to the US before 1904 is usually not possible. Ancestors who left in 1904 or later were not caught by this rule.

Will I lose my US citizenship, and do I still pay US taxes?

You keep US citizenship. Germany has generally allowed multiple citizenship since 27 June 2024. Dual US and German citizens remain liable for worldwide US tax and must still file US returns (MTH Partner). If you move, see our FBAR guide for Americans in Europe and our FEIE calculator. US tax rules depend on your situation, so check with the IRS or a US tax professional who works with expats.

Can I pass German citizenship to my children?

Generally yes, if you are German when your child is born. If you were born outside Germany after 31 December 1999, live abroad, and your child is born abroad with another citizenship, your child becomes German only if you apply to register the birth with a German civil registry office or mission within one year. Miss that deadline and the child does not acquire citizenship by birth (Nationality Act, Section 4(4); Federal Foreign Office).

Can I get a German passport while my BVA case is pending?

Often not. In practice, consulates often cannot issue a passport until the BVA has issued your certificate, especially for Section 5 declarations and complex Section 4 cases, so ask your mission. Simple cases, such as a child of a German-born parent, may be handled directly at the consulate when you apply for a passport. Plan any move to Germany around the BVA timeline, which often runs about two years.

Should I hire a lawyer or genealogist, or do it myself?

If your parent was born in Germany and the records are clear, many people file on their own using the embassy questionnaire and BVA forms. Hiring help makes more sense when your claim goes back three or four generations, involves a naturalization before 1914, or depends on Section 5 and grandparent records. A genealogist finds documents; a German nationality lawyer judges whether the chain holds.

References

Filed under Visa & Immigration Citizenship & PR

Muhammad Sahil

Founder and editor of EU Info Hub. Digital marketer with over seven years of freelance experience, now studying economics and business in Europe. He has been through the residence permit process himself. This article is general information, not legal or financial advice. Always confirm details with the relevant consulate or authority.