StAG 2026: the German Nationality Act explained

The German Nationality Act (Staatsangehörigkeitsgesetz, StAG) governs, at the level of federal law, who is a German, how German citizenship is acquired, and under what conditions it is lost again. The central definition is provided by Art. 116 GG (Basic Law, Grundgesetz); its operationalization takes place in the StAG. Three reforms have fundamentally restructured the Act over the past two years: the Nationality Law Modernization Act (Staatsangehörigkeitsrechts-Modernisierungsgesetz, StARModG) of 22 March 2024 (promulgated 26 March 2024), which entered into force on 27 June 2024, shortened the required period of residence from eight to five years and permitted multiple nationality; the Act Amending the Nationality Act and Further Provisions (Gesetz zur Änderung des Staatsangehörigkeitsgesetzes sowie weiterer Vorschriften) of 27 October 2025 (BGBl. 2025 I Nr. 256), which entered into force on 30 October 2025, again abolished the short-lived three-year entitlement track; and the Act on the Designation of Safe Countries of Origin by Statutory Ordinance and on the Abolition of Legal Counsel in Detention Pending Deportation and Custody to Secure Departure (in short, the Safe Countries of Origin Act, Sicherer-Herkunftsstaaten-Gesetz) of 22 December 2025, whose Article 3, with effect from 24 December 2025, inserted the new blocking period under § 35a StAG, which was editorially clarified by the correction in BGBl. 2026 I Nr. 49 of 27 February 2026. The principal route to naturalization remains naturalization by legal entitlement under § 10 StAG (Anspruchseinbürgerung) with five years of lawful residence, B1-level language skills, the citizenship test, proof of identity, and the ability to secure one's own livelihood; alongside it stand spousal naturalization under § 9 StAG, discretionary naturalization under § 8 StAG (Ermessenseinbürgerung), and naturalization abroad under §§ 13 and 14 StAG.

Citizenship law stands at the end of a path that residence law (Aufenthaltsgesetz, AufenthG) begins. German citizenship is not the point of entry but the goal of a residence-law journey undertaken in stages: the fixed-term residence permit (§ 7 AufenthG) is typically followed by the permanent settlement permit (Niederlassungserlaubnis, § 9 AufenthG) or the EU long-term residence permit (Erlaubnis zum Daueraufenthalt-EU, § 9a AufenthG) — and, building on that, naturalization under § 10 StAG as anchor and conclusion. Only naturalization confers the full rights of a citizen: the right to vote, Union citizenship, and a status that — unlike any residence title — no longer depends on a forecast of the purpose of residence.

In legal terms, § 10 para. 1 no. 2 StAG connects the two areas of law: naturalization by legal entitlement presupposes a qualifying residence title or a right of residence (the settlement permit is the most common, though not the only, qualifying stage). The consolidation of residence status is therefore not a parallel alternative to naturalization but its preliminary stage — stages of one and the same journey with naturalization as the goal. Which title opens the path to naturalization in an individual case is decided by the competent naturalization authority. On the distinction between residence titles, see Residence Permit vs. Settlement Permit; on the complete catalog of the § 10 requirements, see Naturalization Requirements.

German citizenship is anchored in constitutional law in Art. 116 GG. Paragraph 1 defines, in two alternatives, who is a German within the meaning of the Basic Law: on the one hand, whoever holds German citizenship, and on the other, whoever, as a refugee or expellee of German ethnic origin, or as such a person's spouse or descendant, was admitted to the territory of the German Reich as it stood on 31 December 1937. Paragraph 2 governs the re-naturalization of those who were denaturalized between 1933 and 1945 on political, racial, or religious grounds — including their descendants — and treats them as not having been denaturalized if, after 1945, they took up residence in Germany and did not express a contrary intention.

The Nationality Act goes back to the Reich and Nationality Act (Reichs- und Staatsangehörigkeitsgesetz) of 22 July 1913 (RGBl. 1913, p. 583) and has been revised several times over its history — most far-reachingly in 1999 with the introduction of the birthplace principle under § 4 para. 3 StAG, in 2014 with the relaxation of the obligation to opt (Optionspflicht), and most recently in 2024 with the tolerance of multiple nationality introduced by the StARModG. Despite all the reforms, the basic system has remained unchanged: central definitions in the first sections, grounds of acquisition in §§ 3 to 7, naturalization provisions in §§ 8 to 16, grounds of loss in §§ 17 to 28, procedural and administrative provisions in §§ 30 to 38a, and transitional provisions in §§ 40a, 41, and 42.

The historical continuity is also reflected in the official citation reference. The Act is maintained in the collection of the Federal Ministry of Justice under the identification signature BJNR005830913 — the last four digits (1913) mark the year of first enactment. The ongoing reforms are woven into the parent Act via amending statutes, without the Act itself having to be re-enacted. Anyone looking for the current wording should therefore always consult the online, updated version at gesetze-im-internet.de, and not older printed editions or private publications.

A particular feature of the collection is that repealed sections are not removed but remain marked as "(weggefallen)" [repealed] — a convention that serves stability and avoids broken cross-references. Anyone looking for §§ 12, 18 to 25, 27, or 29 in the StAG will find them in the list — marked as repealed. These gaps are not random but document the reform history: § 12 (avoidance of multiple nationality) fell with the StARModG in 2024, §§ 18 to 23 were largely superseded in the 1970s and 1980s, § 24 in the 1999 reform, §§ 25 and 27 likewise in 2024, and § 29 (obligation to opt) between 2014 and 2024.

§ 1 StAG closes the loop back to Art. 116 GG with a plain but, for the entire edifice that follows, constitutive provision: "A German within the meaning of this Act is a person who holds German citizenship." The bracketing norm thus refers from the Act to the constitutional position and back.

Within two years, citizenship law has undergone three substantive reforms and one correction. Anyone applying the StAG today must be familiar with all four steps.

StARModG — Nationality Law Modernization Act (BGBl. 2024 I Nr. 104)

Promulgated on 26 March 2024, with the main provisions entering into force on 27 June 2024. The reform is the largest reshaping of the StAG since the 1999 reform. Key changes:

• Period of residence for naturalization by legal entitlement shortened from eight to five years (§ 10 para. 1 StAG).
• Multiple nationality is now permitted as a matter of principle — §§ 12, 25, and 27 StAG (§ 12 acceptance of multiple nationality as an exception; § 25 automatic loss upon acquisition of a foreign nationality, with the retention permit (Beibehaltungsgenehmigung) under § 25 para. 2 as the sole counter-exception; § 27 loss through adoption as a child) have been repealed. As a result, the dual passport is the standard for most constellations, not the exception.
• Birthplace principle (jus soli) in § 4 para. 3 StAG: the required period of parental residence in Germany lowered from eight to five years.
• Hardship language provision § 10 para. 4a StAG NEW: reduction to oral everyday communication where language acquisition is structurally impeded.
• Facilitation for guest workers / contract workers § 10 para. 4 sentence 3 StAG NEW: oral everyday communication is sufficient for the recruitment generation of the Federal Republic (up to 30 June 1974) and the contract workers of the GDR (up to 13 June 1990), as well as their spouses who joined them.
• Three-year track introduced as a special provision in § 10 para. 3 a. F. StAG: reduction to three years in cases of special integration achievements and C1 language level. This track was abolished again by the Act Amending the Nationality Act and Further Provisions of 27 October 2025 (see below).
• Correction in BGBl. 2025 I Nr. 98 to the StARModG: editorial correction, substantive content unchanged.

Act Amending the Nationality Act and Further Provisions (BGBl. 2025 I Nr. 256)

Executed on 27 October 2025, entered into force on 30 October 2025 (referred to in the legislative process as the "Sixth Act Amending Nationality Law"). The reform is narrowly limited:

• Abolition of the three-year track under § 10 para. 3 a. F. StAG. The reduction option, active for only 16 months, was abolished on the argument that the regular five-year entitlement track already represents a strong reduction compared with the old eight-year standard.
• The remaining requirements for naturalization by legal entitlement (B1, test, identity, self-sufficiency) remained unchanged.

The Federal Constitutional Court has ruled on this reform step: by order 2 BvR 1792/25 of 19 December 2025, the Second Senate declined to accept for decision a constitutional complaint against the application of the amending act to a naturalization application already filed on 13 May 2025. Grounds: failure to exhaust legal remedies and insufficient substantiation of the complaint; the Court pointed to § 8 StAG (discretionary naturalization) as a fallback option. The decision is to date the only ruling by a supreme court dealing with this amending act.

Safe Countries of Origin Act, Article 3 (BGBl. 2025 I Nr. 364)

Act of 22 December 2025 (BGBl. 2025 I Nr. 364, issued 23 December 2025), in force since 24 December 2025. Article 3 of this Act introduced the new provision § 35a StAG — the blocking period following withdrawal or a finding of deception. Anyone who loses citizenship on account of fraudulent acquisition under § 35 StAG, or against whom the authority already establishes during the ongoing proceedings that they engaged in fraudulent deception, made threats, offered bribes, or intentionally made incorrect or incomplete statements regarding essential requirements, cannot file a new naturalization application for ten years. The measure is immediately enforceable.

Correction BGBl. 2026 I Nr. 49 (27 February 2026)

Editorial correction of § 35a StAG clarifying the intent requirement ("intentionally"). The provision is substantively unchanged, merely more precise linguistically. This correction is cited in our editorial content as the wording currently in force.

→ In depth: On the subject matter of withdrawal and the blocking period, see the standalone article Blocking Period under § 35a.

The following table reproduces the current structure of the StAG by thematic segments. It covers the sections in force with their subject matter and the places marked as "(weggefallen)". As of: 26 April 2026, following the correction in BGBl. 2026 I Nr. 49.

→ Check Naturalization Requirements — ten minutes, no sign-up.

Naturalization by legal entitlement under § 10 StAG is quantitatively the most significant ground of acquisition. In legal terms, "entitlement" means: anyone who fulfills all statutory requirements has a subjective public-law right to naturalization — the authority has no discretion. The requirements follow from § 10 para. 1 sentence 1 in conjunction with the detailed provisions in paras. 4, 4a, 6, and para. 7.

Wording of § 10 para. 1 sentence 1 StAG (source: https://www.gesetze-im-internet.de/stag/__10.html, checked against the official version on 3 July 2026): "A foreign national who has lawfully had their habitual residence in Germany for five years and who has legal capacity to act under § 34 sentence 1 or is legally represented shall, upon application, be naturalized if their identity and nationality are established and they […]" — numbers 1 to 7 follow. The former § 10 para. 3 StAG (three-year track) is today marked "(weggefallen)" in the official version.

Core requirements (§ 10 para. 1 StAG):

1. Five years of lawful habitual residence in Germany — before the StARModG in 2024, eight years were required.
2. Commitment to the free democratic basic order of the Basic Law.
3. Residence title or right of residence at the time of naturalization.
4. Ability to secure one's own livelihood for oneself and dependent family members.
5. Clarification of identity and nationality.
6. Sufficient knowledge of the German language (B1 CEFR, § 10 para. 4 sentence 1; with facilitations under para. 4 sentence 3 and para. 4a).
7. Knowledge of the legal and social order and of living conditions (citizenship test, with grounds for exemption under para. 6).
8. No conviction for an unlawful act beyond the de minimis threshold (read together with § 12a).
9. No grounds of exclusion under § 11 StAG.

The individual requirements are developed in detail in Naturalization in Germany and in the thematic articles: Naturalization Requirements gives the complete catalog, B1 Language Certificate the B1 standard with hardship clauses, and Citizenship Test the test component. Also relevant to the procedure are Processing Time of Naturalization, Costs of Naturalization, and the procedural comparison Online Application vs. Paper.

Anyone married to, or living in a registered civil partnership with, a German citizen can be naturalized under § 9 StAG if three requirements are met cumulatively: lawful habitual residence in Germany of at least three years, the existence of the marriage or civil partnership for at least two years, and the presence of the § 10 requirements. The three-year residence period can be shortened if the marriage has already existed for three years and naturalization is in the public interest.

Wording of § 9 para. 1 sentence 1 StAG (source: https://www.gesetze-im-internet.de/stag/__9.html, checked against the official version on 3 July 2026): "Spouses or registered partners of Germans shall, under the requirements of § 10 paragraph 1, be naturalized if they have had their lawful habitual residence in Germany for three years and the marriage or registered civil partnership has existed for two years." (Sentence 2 on shortening the period of residence and sentence 3 on the co-naturalization of minor children follow in the Act.)

A particular protective situation is governed by para. 2: in the event of the death of the German spouse or judicial dissolution of the marriage, the surviving foreign partner has a right to apply for one year, provided that they have custody of a shared minor German child. In this way, the StAG prevents naturalization from failing on account of personal misfortune where the family tie to Germany continues through the shared child.

In practice, § 9 StAG is the second most important ground of entitlement after § 10. A dedicated in-depth article on it is planned.

How the reference to § 10 operates. § 9 builds on the requirements of § 10 — commitment to the constitution, self-sufficiency, B1 language proof, citizenship test, clarification of identity, no grounds of exclusion under § 11. What § 9 changes is primarily the residence period: three years instead of five. The remaining requirements stay the same. In this respect, § 9 is not an independent facilitation provision in the sense of reduced requirements, but a temporal preference for family ties to German citizens.

Registered civil partnership. Since the 2017 reform, the marriage of same-sex couples has been possible in Germany; existing civil partnerships can be maintained. § 9 StAG applies both to spouses and to registered partners — the provision is, to that extent, consistent with the principle of equal treatment. Anyone living in a civil partnership can thus use the same facilitation path as a spouse.

While § 10 establishes a right of entitlement, § 8 StAG grants the authority discretion. The provision is a fallback for constellations in which the § 10 requirements are not (fully) met, but naturalization nevertheless appears warranted in the public interest or to avoid undue hardship.

Requirements of § 8 para. 1: lawful habitual residence in Germany, legal capacity or legal representation, no prior convictions above the de minimis threshold and no security-endangering measures against the person, own housing or accommodation, and the ability to secure one's own livelihood. Para. 2 allows the requirements of no prior convictions and self-sufficiency to be waived by way of exception where there is a public interest or undue hardship.

Wording of § 8 para. 2 StAG (source: https://www.gesetze-im-internet.de/stag/__8.html, checked against the official version on 3 July 2026): "The requirements of paragraph 1 numbers 2 and 4 may be waived for reasons of public interest or to avoid undue hardship."

In administrative practice, § 8 is applied above all in two constellations: for persons who are shortly before reaching the five-year period under § 10 and can cite a weighty public interest, and in hardship constellations outside the § 10 para. 4a / para. 6 provisions — for example, in the case of persons who have lived in Germany for many years but have never been naturalized and whose self-sufficiency is not continuously assured owing to breaks in their employment history for which they are not responsible. The Federal Constitutional Court, too, in its order of 19 December 2025, expressly referred to § 8 StAG as a legitimate-expectations fallback following the abolition of the three-year track.

Procedural consequence of the discretionary character. Because § 8 is a discretionary provision, the authority has latitude in weighing the public interest or the hardship; the courts limit their review under § 114 VwGO to errors of discretion. In a § 8 application, the facts relevant to the authority are best set out comprehensively and with supporting evidence — from employment history through the family situation to the specific hardship. Unlike under § 10, the authority does not decide according to a fixed standard but by weighing the circumstances. This makes § 8 a legally fragile, but for that very reason, in atypical constellations, valuable instrument.

Relationship to § 9 and § 10. § 8 is typically invoked only when neither § 10 (ground of entitlement) nor § 9 (spousal entitlement) applies. Where the entitlement route is available, it is generally the route taken — an entitlement is more secure than a discretionary decision. § 8 is constructed as a fallback, not as a parallel provision of choice.

For persons with their habitual residence outside Germany, the StAG opens two routes.

§ 13 StAG is aimed at former Germans and their minor children abroad. They can be naturalized if their identity and nationality are established and the requirements of § 8 para. 1 nos. 1 and 2 (lawful residence status within the meaning of the general requirements, legal capacity) are met. The provision is relevant in particular for persons who in the past lost their citizenship for legal or family reasons and now wish to become German citizens again.

§ 14 StAG opens naturalization abroad to foreign nationals with ties to Germany. The requirements are the § 8 standards plus credibly demonstrated "ties to Germany" — typical constellations are long-standing professional or academic connections, German-speaking family origin without formal citizenship, or continuous cultural association activity. Spouses and registered partners of Germans residing abroad in the public interest likewise fall under § 14.

Dedicated in-depth articles on §§ 13 and 14 are planned; naturalization abroad is a designated future focus of civitas's editorial coverage.

Practically relevant constellations. § 13 typically covers constellations in which German citizenship was lost between the 1950s and 1990s — for example, through the acquisition of a foreign nationality without a retention permit (Beibehaltungsgenehmigung) — and while, under the tolerance of multiple nationality that applies today, such losses no longer loom, the historical losses continue to exist retroactively. Anyone in such a constellation can return to German citizenship via § 13; the requirements are reduced compared with § 14, because the ties to Germany are presumed from the former citizenship.

§ 14, by contrast, is relevant for persons without a historical bond to Germany who nevertheless display substantial ties — for example, long-standing professional activity for German companies abroad, long-term academic connections with German universities, or cultural association activity through German-speaking associations. The authority reviews the "ties" in an overall assessment; individual factors are often not sufficient, the cumulative picture being decisive. Jurisdiction for naturalizations abroad under both § 13 and § 14 lies with the Bundesverwaltungsamt (Federal Office of Administration, BVA) in Cologne, not with a domestic naturalization authority.

The reform storm of 2024–2026 has not only expanded the StAG but also emptied it. Three complexes of deletions are especially important for application practice.

Avoidance of multiple nationality repealed. §§ 12, 25, and 27 StAG (§ 12 acceptance of multiple nationality as an exception; § 25 automatic loss upon acquisition of a foreign nationality, with the retention permit (Beibehaltungsgenehmigung) under § 25 para. 2 as the sole counter-exception; § 27 loss through adoption as a child) were abolished by the StARModG on 27 June 2024. German citizenship can, since then, in principle exist alongside other nationalities. The detailed treatment of this complex is found in Dual Citizenship; the only point to note here is the finding: the special provisions on multiple nationality no longer exist, and the sections in the official collection are marked "(weggefallen)".

Three-year track repealed. The reduction to three years available between 27 June 2024 and 30 October 2025 for a C1 language level and special integration achievements (old § 10 para. 3 StAG) was abolished again by the Act Amending the Nationality Act and Further Provisions of 27 October 2025. Anyone who filed an application under this provision between 27.06.2024 and 30.10.2025 and whose proceedings were not yet concluded when the amending act of 27 October 2025 entered into force has since fallen under the regular five-year track — the Federal Constitutional Court did not object to this application in its order 2 BvR 1792/25.

Obligation to opt repealed. § 29 StAG, which compelled jus soli acquirers between the ages of 18 and 23 to "opt" between German and foreign nationality, has been progressively and finally fully repealed since 2014. The provision stands in the official collection as "(weggefallen)" — the obligation to opt no longer has any practical significance.

The second block of the StAG governs the ways out of citizenship. § 17 StAG gives an overview: loss through renunciation (§ 26), through entry into foreign armed forces or participation in combat operations of a terrorist organization abroad (§ 28), and through withdrawal of an unlawful administrative act (§ 35). Added to this is the special constellation governed by para. 2 for children whose conditions of acquisition cease to apply — with protective provisions where the child has reached the age of five, remains related to a German parent, would have acquired citizenship in another way, or would otherwise become stateless.

§ 26 — Renunciation. Renunciation of German citizenship is possible only if the applicant holds several nationalities. The declaration requires the authorization of the competent authority. Civil servants, judges, and soldiers receive the authorization only in exceptional cases; persons liable for military service require the consent of the military administration. Both restrictions fall away if the applicant has lived abroad for at least ten years or has already performed military service in a home state.

§ 28 — Armed forces and terrorism. Loss occurs upon voluntary entry into foreign armed forces without the consent of the Federal Ministry of Defence, and upon concrete participation in combat operations of a terrorist organization abroad. Important limit: the loss does not occur if statelessness would result. § 28 was linguistically clarified by the StARModG but remained unchanged in its substance.

§ 35 — Withdrawal. The naturalization authority can withdraw a granted naturalization if it was fraudulently obtained through fraudulent deception, threat, bribery, or intentionally incorrect or incomplete statements regarding essential requirements. The withdrawal has retroactive effect, meaning that the applicant is legally deemed never to have been a German citizen. A ten-year period from the announcement of the naturalization limits the possibility of withdrawal. In contrast to § 28, any resulting statelessness is not an obstacle to the withdrawal — the legislature deliberately accepted this discrepancy, because the fraudulent-acquisition constellation is regarded as a breach of trust vis-à-vis the receiving state.

§ 35a — Blocking period. The NEW provision, in force since 24 December 2025 (correction 27 February 2026), imposes a ten-year subsequent bar following withdrawal under § 35. It also applies as soon as the authority establishes, during the ongoing naturalization proceedings, deception or intentionally incorrect or incomplete statements regarding essential requirements. The measure is immediately enforceable; objection and legal action have no suspensive effect. The detailed treatment of the new provision — its elements, procedure, and legal protection — is found in the standalone article Blocking Period under § 35a.

What does the Nationality Act govern?

The StAG governs, at the level of federal law, who is a German (§ 1 StAG, in conjunction with Art. 116 GG), how German citizenship is acquired (§§ 3 to 16), and under what conditions it is lost again (§§ 17, 26, 28, 35, 35a).

What are the most important reforms since 2024?

Three reforms plus one correction: the Nationality Law Modernization Act (StARModG) of 22 March 2024 (in force 27 June 2024), shortening the period from eight to five years and introducing tolerance of multiple nationality; the Act Amending the Nationality Act and Further Provisions of 27 October 2025 (BGBl. 2025 I Nr. 256, in force 30 October 2025), abolishing the three-year track; the Safe Countries of Origin Act, Article 3 of 22 December 2025 (in force 24 December 2025), introducing the blocking period under § 35a; and the correction BGBl. 2026 I Nr. 49 of 27 February 2026 clarifying the intent element in § 35a.

What is the principal route to naturalization?

Naturalization by legal entitlement under § 10 StAG, with five years of lawful habitual residence, commitment to the free democratic basic order, the ability to secure one's own livelihood, established identity, B1-level language skills, and the citizenship test. Anyone who fulfills all requirements has a legal entitlement — the authority has no discretion in this respect.

What distinguishes § 10 from § 8 StAG?

§ 10 StAG (naturalization by legal entitlement) grants a subjective public-law right upon fulfillment of all elements of the provision. § 8 StAG (discretionary naturalization), by contrast, grants the authority discretion and typically applies as a fallback for constellations in which § 10 is not fully met, but naturalization nevertheless appears warranted in the public interest or to avoid undue hardship.

Is three-year naturalization still possible?

No. The Act Amending the Nationality Act and Further Provisions of 27 October 2025 (BGBl. 2025 I Nr. 256) abolished, without replacement, the three-year track (old § 10 para. 3 StAG) that was available between 27 June 2024 and 30 October 2025. Since 30 October 2025, the five-year period under § 10 para. 1 StAG is authoritative.

Is the dual passport still possible?

Yes. §§ 12, 25, and 27 StAG (avoidance of multiple nationality) fell away with the StARModG on 27 June 2024. German citizenship can, since then, in principle exist alongside other nationalities — see in detail Dual Citizenship.

When can a naturalization be withdrawn?

Under § 35 StAG, in the case of fraudulent acquisition through fraudulent deception, threat, bribery, or intentionally incorrect or incomplete statements regarding essential requirements, at the latest until the expiry of ten years after the announcement of the naturalization. The withdrawal has retroactive effect and is permissible even where statelessness results — unlike under § 28 StAG.

What does the new blocking period under § 35a StAG mean?

Anyone who loses citizenship under § 35 StAG, or against whom the authority establishes deception during the ongoing proceedings, cannot file a new naturalization application for ten years. The measure is immediately enforceable; objection and legal action have no suspensive effect. The provision entered into force on 24 December 2025, with an editorial correction on 27 February 2026.

What role does Art. 116 GG play?

Art. 116 GG is the constitutional anchor provision. Para. 1 defines, in two alternatives, who is a German within the meaning of the Basic Law — via citizenship or via admission as a refugee/expellee of German ethnic origin as at 31 December 1937. Para. 2 governs the re-naturalization of those persecuted under the Nazi regime and their descendants.

How can I apply for naturalization in practice?

Through the naturalization authority competent for the place of residence. A procedural comparison of the online application versus the paper procedure can be found at Online Application vs. Paper; on processing times and options for acceleration, see Processing Time of Naturalization; on fees and cost structure, Costs of Naturalization.

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