Former citizens and pre-1949 discrimination: sections 13 and 14
Understand Germany's limited section 13 re-naturalization route and the discretionary section 14 review for defined pre-24-May-1949 discrimination cases.
Are sections 13 and 14 general ancestry routes?
Short answer: no.
They are limited discretionary naturalization processes. They should be considered only after ordinary citizenship, section 5, and any restitution route have been separated.
A German grandparent does not create a section 13 or 14 entitlement by itself.
When can section 13 matter?
Section 13 of the Nationality Act concerns re-naturalization of a person living abroad who personally was formerly German.
The key word is personally.
The applicant needs to show:
- that German citizenship once existed,
- how and when it ended,
- the facts required by the current discretionary procedure, and
- why re-naturalization should be granted.
Minor children may sometimes be included. That does not turn section 13 into a descendant restoration route for adult grandchildren.
What if citizenship was lost before the next child was born?
Later re-naturalization does not automatically repair the earlier gap.
Take a simple example:
- A was German.
- A lost German citizenship before B was born.
- A later became German again.
B did not automatically receive citizenship during the gap. The exact acquisition, loss, and later re-naturalization dates must be placed on the timeline.
Read the foreign citizenship and loss guide before assuming section 13 repairs a descent chain.
When can section 14 matter?
Section 14 allows exceptional discretionary naturalization of a person living abroad.
Current Federal Office of Administration (BVA) procedure and official mission guidance support a special review for defined people born before 24 May 1949 who missed citizenship under old sex-discriminatory rules, and defined descendants.
Common fact patterns include:
- a child born within marriage to a German mother and foreign father, or
- a child born outside marriage to a German father and foreign mother.
But the route is not automatic. It is not section 5 with an earlier date.
Why not use section 5 for an earlier birth?
Because section 5 has a clear time boundary.
It covers defined affected people born from 24 May 1949. A person born on or before 23 May 1949 is outside that date range.
For affected people born from 24 May 1949, read the section 5 declaration guide.
For an earlier case, section 14 practice needs its own discretionary review.
What does “discretionary” mean?
It means the law does not give the same entitlement as section 5 or the restitution provisions.
The BVA examines the current administrative requirements and individual facts. Language ability, ties to Germany, generation rules in the applicable decree, public interest, and other naturalization conditions may matter.
Those requirements can change. Do not rely on an old mission checklist or a commercial summary.
Use the current BVA section 14 procedure page before filing.
What if persecution also appears in the history?
Check restitution before treating the case as an ordinary discretionary application.
- Article 116(2) covers qualifying deprivation of a German citizen.
- Section 15 covers other listed disadvantages connected to Nazi persecution.
A persecution history can change the correct process and the evidence required. Read the Article 116(2) guide and section 15 guide.
Which evidence matters?
For section 13, first prove the applicant's former German citizenship and the exact loss event.
For a pre-1949 section 14 review, collect:
- the affected person's exact birth date,
- the parents' citizenship,
- marriage and legal parentage records,
- proof of the German parent's status,
- the complete descendant chain,
- any later acquisition or loss events, and
- current evidence requested by BVA practice.
Do not assume that a birth certificate proves the parent's citizenship or that DNA proves legal paternity.
What do the processes cost?
The ordinary statutory naturalization fee for sections 13 and 14 is generally €255. Reductions or exemptions may be available in an individual discretionary case.
Records, certification, translations, and professional help are separate costs. Check the current section 38 fee rule and current BVA instructions.
What should you do next?
Answer one question first: was the applicant personally German before, or is this a pre-24-May-1949 discrimination history?
That answer separates section 13 from the special section 14 review. Then verify that ordinary citizenship, section 5, and restitution do not provide a better legal route.