Article 116 II Basic Law: Am I Eligible for German Citizenship?
If your family lived in Germany during the Nazi era, you may be wondering whether you qualify for German citizenship today.
The answer depends on whether your ancestor lost German citizenship due to persecution, and whether you can trace your family line back to that person.
When Does Article 116 Ⅱ Apply?
Article 116 Ⅱ of the German Basic Law allows former German citizens who were persecuted by the Nazi regime, and their descendants, to reclaim citizenship.
This usually applies if:
- Your ancestor was a German citizen
- They lost their citizenship between 1933 and 1945
- The loss was connected to Nazi persecution
Who Is Considered Persecuted?
Persecution under this law is not limited to physical harm. It includes legal and social exclusion.
This often applies to:
- Jewish families affected by Nazi racial laws
- Individuals targeted for political or religious reasons
- Families forced to leave Germany to avoid persecution
Does It Apply to Descendants?
Yes. Article 116 Ⅱ also applies to descendants.
That includes children, grandchildren, and great-grandchildren, as long as the family connection can be clearly documented.
What If You Are Not Sure?
Many families are unsure whether citizenship was formally taken away or lost in another way.
This matters, because not every case falls under Article 116 Ⅱ. Some cases instead fall under Section 15 of the German Nationality Act (StAG).
Conclusion
If your family lost German citizenship during the Nazi era, there is a strong chance you may qualify under Article 116 Ⅱ. The key is confirming what happened and building a clear record of your family history.