Section 15: Nazi-persecution citizenship and residence disadvantages
See when section 15 may cover a citizenship or residence disadvantage connected to Nazi persecution and why ancestry alone is not enough.
Can section 15 apply when Article 116(2) does not?
Short answer: yes, but only for a listed disadvantage connected to Nazi persecution.
Section 15 is broader than Article 116(2). It can cover histories where the ancestor was not a German citizen whose citizenship was formally deprived.
But it is not a general route based on Jewish ancestry, German residence, birth, or emigration.
How is section 15 different from Article 116(2)?
Article 116(2) starts with a former German citizen and qualifying deprivation.
Section 15 of the Nationality Act starts with a different question: did persecution for political, racial, or religious reasons cause one of the disadvantages listed in the section?
So the order matters.
- Check whether the ancestor was German and citizenship was deprived.
- If that test does not fit, check the separate section 15 categories.
Read the Article 116(2) guide before merging the two histories.
Which disadvantages can section 15 cover?
The relevant persecution period is 30 January 1933 through 8 May 1945.
The section lists four main categories.
German citizenship was given up or lost before 26 February 1955
This category can cover a qualifying persecution-connected loss or surrender before the cutoff.
The loss date is not enough. You must show how the event connects to the specified persecution.
Citizenship acquisition was blocked
This category concerns exclusion from statutory acquisition through:
- marriage,
- legitimation, or
- collective naturalization of ethnic Germans.
You still need the law and facts that would otherwise have governed acquisition.
Naturalization was refused or generally unavailable
This category can cover a person who applied but was not naturalized, or who was generally excluded from naturalization that would otherwise have been possible.
“Would otherwise have been possible” is a real evidence question. A family belief that naturalization would have happened is not enough.
Qualifying German residence was abandoned or lost
This category concerns habitual residence in Germany established before 30 January 1933 or, for a child at the time, also after that date.
Habitual residence means the place where the person normally lived. It is more than a birthplace, short visit, school term, or address found in one directory. Build a residence chronology.
Why is the persecution connection so important?
Because section 15 requires a causal link.
Imagine two ancestors who both emigrated in 1938.
- One left because escalating racial persecution made continued residence impossible.
- The other moved for unrelated work and had no listed citizenship or residence disadvantage.
The shared year does not produce the same legal result. The authority needs the actual reason, event, and evidence.
Do not promise an outcome from a passenger list or family story alone.
Can descendants apply?
Yes, descendants are included.
There is no simple generation cap stated for the route. But you must prove every legal link from the affected person to the applicant.
Parentage and adoption can require additional review. The parentage and adoption guide explains why legal status matters more than DNA alone.
Which exclusions matter?
Some people cannot use section 15. This includes a person who acquired German citizenship after 8 May 1945 and later gave it up or lost it.
The exclusion can also reach that person's descendants if they were born or adopted only after the later giving-up or loss.
There is a defined exception. The route can remain available when the later loss happened through marriage to a foreigner or legally effective legitimation by a foreigner.
Serious intentional-offence rules also apply. These exclusions need an exact chronology, so do not reduce them to a yes/no family-tree question.
Which evidence should you collect?
Start with the category you are trying to prove.
Possible evidence includes:
- German residence and registration records,
- passports or citizenship records,
- emigration and border records,
- persecution files,
- religious or community records,
- marriage and legitimation records,
- naturalization applications, refusals, or rules showing exclusion,
- evidence of the reason residence was abandoned, and
- civil records connecting every descendant.
The Federal Office of Administration (BVA) may conduct archive work. You should still identify repositories, names, dates, addresses, and file references where possible.
Which forms and authority apply?
The BVA currently provides form E15, E15_K for a younger applicant, and ancestor annexes. Use the current BVA section 15 package.
If the applicant normally lives abroad, the BVA generally decides. A German mission can receive and forward the application. Applicants who normally live in Germany generally use the competent local nationality authority.
The substantive section 15 process is generally fee-free. Evidence, certification, translations, and professional work may still create costs.
What should you do next?
Identify every section 15 category that may match the ancestor's history. Begin with the one supported by the strongest evidence.
Then write three separate statements:
- what the disadvantage was,
- how the persecution caused it, and
- which records can prove both points.
That is more useful than starting with ancestry alone.