Summary
A fast-moving Article 116 application is normal and indicates your case is clear-cut, as it's a constitutional right to restitution, not a standard immigration process.
The most significant accelerators are recent legal changes expanding eligibility and leveraging a previously approved family member’s case, which can cut processing time from years to months.
To ensure speed, prominently cite a relative's Aktenzeichen (reference number) on your forms and submit complete, properly certified German translations of all documents.
Avoid common delays with BVA-compliant translations by using a professional service like Bluente's Certified Document Translation, which offers a 24-hour turnaround.
You submitted your Article 116 German citizenship application expecting the typical bureaucratic marathon—a year or two of waiting, endless document requests, and the gnawing uncertainty that comes with any immigration process. Instead, you've been shocked to receive rapid responses, an Aktenzeichen (reference number) almost immediately, and indications that your case is moving at an unprecedented pace.
Is this a mistake? Should you be concerned? Is someone going to discover an error and send you back to square one?
Take a deep breath. A fast-moving Article 116 application isn't usually a glitch in the system—it's often the result of specific legal frameworks, administrative efficiencies, and powerful family precedents designed to streamline the restitution of German citizenship for those who qualify.
The Foundation: What Makes Article 116(2) Different?
To understand why some Article 116 applications move quickly while others languish, we need to start with a fundamental distinction: Article 116(2) of the German Basic Law is not a standard immigration process but a constitutional right to restitution.
An "Entitlement Naturalisation"
Unlike discretionary immigration pathways, Article 116(2) provides a legally guaranteed right to citizenship if the criteria are met. This is known as Anspruchseinbürgerung (entitlement naturalisation). When the Bundesverwaltungsamt (BVA) processes these applications, they approach them with the understanding that eligible applicants have a constitutional right to approval.
As Fragomen's analysis explains: "Applicants don't have to prove worthiness for citizenship; they only need to demonstrate that they meet the legal criteria for restitution."
Historical Mandate
Article 116(2) was written into Germany's post-war constitution specifically to rectify the injustices of the Nazi era. It covers individuals who were stripped of their German nationality between January 30, 1933, and May 8, 1945, for political, racial, or religious reasons—and their descendants.
This historical commitment creates a more streamlined processing environment. The BVA is tasked with restoring what was wrongfully taken, not evaluating whether someone deserves to become German.
The Accelerators: Recent Legal Changes Expanding Eligibility
Recent legal reforms have significantly broadened eligibility and clarified grey areas that previously slowed down applications. These changes have had a dramatic impact on processing speed for many applicants.
The Game-Changing 2020 Constitutional Court Decision
On May 20, 2020, the German Federal Constitutional Court issued a landmark ruling (Case No. 2BvR 2628/18) that significantly expanded the definition of who qualifies as a "descendant" under Article 116(2).
This ruling specifically benefited two previously excluded groups:
Children born in wedlock before April 1, 1953, to a formerly German mother who had been deprived of her citizenship and a foreign father.
Children born out of wedlock before July 1, 1993, to a formerly German father who had been deprived of his citizenship and a foreign mother.
Why does this accelerate processing? Previously, applicants from these groups had to navigate the lengthy, complex, and discretionary process under Section 14 of the Citizenship Act (StAG). Now, their path is direct and clear, allowing the BVA to process their applications much more efficiently.
The Fourth Citizenship Amendment Act and §15 StAG
On August 20, 2021, new legislation took effect that created Section 15 of the Citizenship Act (StAG). This new legal pathway serves individuals who suffered Nazi persecution but don't strictly qualify under Article 116(2).
As detailed by A. Fischer Law, this provision helps clear up cases that were previously in legal limbo, allowing the BVA to categorize and process applications more efficiently based on clear legal criteria rather than case-by-case discretionary decisions.
The "Fast Lane" Factor: Leveraging Family Precedent
The single most significant accelerator for an Article 116 application is a previously approved application from a close family member. This factor can reduce processing time from years to just months.
The Power of an Existing Aktenzeichen (Reference Code)
If a parent, sibling, aunt, uncle, or cousin has already had their citizenship restored under Article 116(2), the most challenging part of the BVA's work is already complete. The BVA has verified:
The primary ancestor's German citizenship
Their persecution during the Nazi era
Their loss of citizenship under Nazi law
Your application then becomes primarily about proving your direct line of descent from that already-verified ancestor. The core historical research—which can be extensive and time-consuming—is already done.
Bundling Applications
When multiple family members apply together using the same persecuted ancestor, the BVA can process their cases as a bundle. This is highly efficient for the case officer, who can review similar documentation for related applicants simultaneously.
Clear documentation of family connections often leads to applications being reviewed more quickly, as the case officer can easily see how the applicants relate to each other and to their German ancestor.
How to Position Your Application for Speed
While some factors determining processing speed are out of your control, meticulous preparation and strategic documentation can significantly impact how quickly your application moves through the system.
Documentation is Everything
The quality and completeness of your application package can be the difference between fast-track processing and lengthy delays.
Cite the Code: If a family member has an Aktenzeichen, state it clearly and prominently on the first page of your application form and in your cover letter. This immediately directs your file to the right precedent and can dramatically accelerate processing.
Use the Correct Forms: Using the official forms from the BVA is critical to avoid delays:
Antrag A: For applicants 16 and over
Antrag AK: For children under 16
Anlage VA: To detail the information about your persecuted German ancestor
These forms can be found on the official BVA website or through German consulates.
Navigating the Translation Minefield
One of the most common sources of delay is the improper translation of documents. The BVA requires certified German translations for any non-German documents, and getting this wrong can stall your application indefinitely.
Here’s how to handle this requirement efficiently:
Use a Professional Certified Translation Service: The simplest and most reliable method is to use a professional service that specializes in certified translations for legal and immigration purposes. For example, Bluente's Certified Document Translation offers official translations by expert human linguists for a flat rate of $25 per page, with a standard 24-hour turnaround. This approach eliminates the time-consuming process of finding and vetting individual translators, provides cost certainty, and guarantees acceptance by authorities like the BVA.
Find a "Sworn Translator" (If Needed): If you choose to find an individual translator, ensure they are a vereidigter Übersetzer (sworn translator) or legally certified in their jurisdiction. Your local German consulate can often provide a list of recommended translators. Be prepared to manage the process of getting quotes and confirming turnaround times yourself.
Preserve Document Formatting: For official records, maintaining the original layout is crucial. Professional services excel at delivering format-preserved translations, ensuring the translated document mirrors the original.
Plan for Uncommon Languages: If your documents are in a less common language, finding a direct-to-German sworn translator can be difficult. A professional service with a global network of linguists can easily manage this, whereas a two-step translation (e.g., to English, then to German) can add time and potential for error.
Communication and Professional Help
All correspondence with the BVA should be in German to prevent delays. This includes cover letters, emails, and any responses to requests for additional information.
For complex cases (e.g., missing documents, unclear lineage), engaging legal counsel specializing in German citizenship law can be a worthwhile investment. Legal experts can help ensure your application is complete and correct from the start, potentially saving months of back-and-forth with the BVA.
Conclusion
A fast-moving Article 116 application is not a cause for concern but a sign that the system of restitution is working efficiently for clear-cut cases. Your application is likely moving quickly because:
You fall under the expanded eligibility rules from recent legal changes
Your case is linked to a previously approved family member's file
Your documentation is complete and properly translated
The historical research for your ancestral claim has already been conducted
By understanding these dynamics and submitting a meticulously prepared application with proper beglaubigte (certified) documents, you can facilitate a smooth and speedy restoration of your German citizenship under the constitutional right established by Article 116 of the German Basic Law.
Remember that this process is not just bureaucratic—it's Germany's ongoing commitment to historical justice. Your fast-tracked application is part of that commitment, helping to right the wrongs of the past by restoring citizenship to those from whom it was unjustly taken.
Frequently Asked Questions (FAQ)
Why is my Article 116 citizenship application being processed so quickly?
Your application is likely moving quickly because it is a clear-cut case that benefits from administrative efficiencies. This is often due to three main factors: your claim falls under recently expanded eligibility rules, a close family member has already been approved (creating a precedent), and you have submitted a complete and well-documented application with certified translations.
What is the difference between Article 116(2) and other German citizenship pathways?
Article 116(2) is a constitutional right to have citizenship restored, not a standard immigration process. It is considered an "entitlement naturalisation" (Anspruchseinbürgerung). This means applicants who meet the criteria have a legal right to citizenship, and the German authorities are tasked with rectifying a past injustice, not evaluating an applicant's worthiness to become a citizen.
How can I speed up my German citizenship application under Article 116(2)?
The most effective way to speed up your application is to cite the Aktenzeichen (reference number) of a previously approved close family member. Beyond leveraging family precedent, ensure your application is perfectly prepared. Use the correct official forms, provide complete documentation of your lineage, and submit certified German translations for all non-German documents to avoid delays.
Who is considered a "descendant" for an Article 116(2) claim?
A "descendant" is any direct, legitimate descendant of a person who was stripped of their German citizenship for political, racial, or religious reasons between 1933 and 1945. Recent legal changes have expanded this definition to include children born in wedlock to formerly German mothers before 1953 and children born out of wedlock to formerly German fathers before 1993—groups that were previously excluded.
What is an Aktenzeichen and why is it so important?
An Aktenzeichen is a unique reference number assigned to a German administrative case, like a citizenship application. If a family member already has an Aktenzeichen from their successful Article 116(2) application, citing it on your own forms is critical. It proves the core ancestral claim has already been verified, saving the BVA significant research time and dramatically accelerating your application.
Do all my documents need to be translated into German?
Yes, any official document not originally in German must be submitted with a certified German translation. This includes birth certificates, marriage certificates, and other vital records. Failing to provide certified translations is a common cause of delays, so using a professional service is recommended to ensure acceptance by the BVA.
What if I don't qualify under Article 116(2) but my ancestor was persecuted?
You may still be eligible for German citizenship under a different legal provision, specifically Section 15 of the Citizenship Act (§15 StAG). This law, enacted in 2021, created a pathway for individuals who suffered Nazi persecution and lost or were denied German citizenship but do not meet the strict criteria of Article 116(2). It provides a clear route to naturalisation for those in this situation.