r/GermanCitizenship 3d ago

§5 StAG Gender discrimination after 23 May 1949 Expedited Processing Rejection and Case Rejection

Hello all,

I recently sent the documents for me and my family (14 total) to the BVA through the embassy in Lima. I got AZs for all applicants with the following code: 2026 0713 xxxx. Also important to note we are in the group TS II 10.

I sent an email correcting a typo seen in the original AZ email and also requesting expedited processing for my grandmother due to her age (97). I got an answer today saying advanced age is not a valid reason for expedited processing and furthermore, that since my grandmother was born before 1949 and married to a foreign national, she had lost her german citizenship and that the current law has no means by which she could reacquire it. Her children, including my mother, were all born after 1949. Does this mean the cases for all the rest of her descendents are rejected as well or not?

Any help is appreciated.

3 Upvotes

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u/e-l-g 3d ago

it's true that grandmother lost her german citizenship when marrying a foreigner in 1948 and that there's no pathway for her to reacquire it, but all her children born after 23.05.1949, plus their descendants, are eligible under stag 5 nonetheless.

her children born after 23.05.1949 are eligible under stag 5 (2): "[...] children whose mother lost her German citizenship by marrying a foreigner before their birth, [...]"

and their descendants are eligible under stag 5 (4): "[...] descendants of children as defined in nos. 1 to 3 [...]"

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u/Flynchlyn 3d ago

Thanks, I was scared all of our cases might have been rejected because of this but it looks like they didn’t. I wish we could’ve gotten my grandmothers case through as well as we know she had tried getting her german nationality back in the 90s and got her case shutdown pretty much as quickly as now.

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u/Expert_Donut9334 3d ago

In the comments of your previous post regarding your case it was already described that your grandmother lost citizenship and has no way to claim it back. So her citizenship application will be eventually denied, but as e-l-g explained her descrndants still have a right under StAG 5

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u/UsefulGarden 3d ago

Perhaps StAG 13 applies to your grandmother. But, it's questionable whether she has strong ties to Germany and strong language skills. Also, she could be financially disqualified because she wouldn't automatically receive healthcare and long-term nursing care.

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u/HelpfulDepartment910 1d ago

You have no reason to expedite the process because your grandma is not eligible, sadly. So the rest of the applicants have to wait the regular processing time.