The quick route to a German or Austrian passport: and now also to the descendants of those fleeing the Nazi regime
In a first-of-its-kind decision, the two European powers decided that even those who were not citizens, but fled their territory due to Nazi persecution, were entitled to receive citizenship and transfer it to their descendants.
The result: it is now easier than ever to obtain a German or Austrian passport
The law firm of Cohen, Decker, Fax and Brosh, in collaboration with Zap Legal
18/01/2022
Tuesday, 18 January 2022, 11:01 Updated: 16:24
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Maybe you also deserve a German passport? (Photo: ShutterStock)
Last August, Germany decided to expand the circle of eligibility for German citizenship and also include descendants of Jews who were not residents of the country, who were not its citizens but fled following the persecution of the Nazi regime. This move is added to the extension of eligibility also to the descendants of German citizens who until now were not entitled to a German passport.
"The same trend of expanding the circle of those entitled is also evident in Austria," explains Adv. Tal Ofir, a partner in the law firm of Cohen, Decker, Fax and Brosh, which specializes in the subject. What
changes
have taken place in Germany with regard to obtaining citizenship for residents?
Adv. Ophir: For persecuting the Nazis from 31.1.From 1933 to 1945, they will be entitled to citizenship. "
According to him, this is a dramatic change because many of the Jews of Germany were Polish citizens, Austrians or stateless persons, who lived in Germany. Following the new legislation, the door was opened for the descendants of these residents to apply for German citizenship.
"The logic behind the legislation is that those Jews who escaped would eventually become German citizens if they were not forced to flee Nazi persecution," explains Advocate Ophir.
How can a residency in Germany be proven
? Therefore, if the relative was indeed a resident, there is a high probability that Germany will find a suitable record about him. However, sometimes there is no proper documentation confirming that the relevant relative is a resident. Therefore, before working on preparing the applications, it is recommended to search the paperwork of a relative from that period (if any) and in addition to search various archives in Israel and Germany for documents indicating a center of life in Germany. "
According to Adv. Ophir, examples of this type of documentation could be foreign passports issued by the German state to stateless residents, documentation of payments received, transcripts from schools, immunization books, marriage certificates, birth certificates and more.
How did Germany expand eligibility for descendants of citizens?
"By 2020, anyone who was a German citizen, who was denied citizenship by the Nazi regime, was entitled to a German passport and so were all his direct descendants under German Basic Law. However, there were also many exceptions to this rule," explains Adv. Ofir. , Descendants born before 1953 to German citizenship or born to an unmarried parent - were not entitled to German citizenship. About a year and a half ago, Germany abolished these exceptions so that any descendant of a German citizen who was denied citizenship during the Nazi regime is entitled to German citizenship. "
In fact, Advocate Ophir explains, this German passport "Therefore, it is recommended that anyone who has applied for denied citizenship re-examine their eligibility."
Are there additional conditions for citizenship, such as knowledge of the German language or service in the German army?
"No, unlike in the past, the criteria for obtaining German citizenship have been relaxed, so that today there is no requirement for knowledge of the German language or for acquaintance with history or with the German system of government."
Do I have to give up Israeli citizenship? Is it possible to hold multiple passports?
"The State of Israel allows its citizens to hold additional foreign passports. The State of Germany also allows foreign citizens with multiple passports to apply for citizenship by virtue of the laws we reviewed. Therefore, there is no impediment to holding an Israeli passport as well as a German passport."
And what about Austria, what changes have taken place there regarding obtaining citizenship?
"In September 2020, Austria decided to amend its citizenship law and grant eligibility for citizenship to Austrian residents and citizens who fled its territory amid the persecution of the Nazi regime and their descendants.
"The persecution of the Jews in Austria began with the rise of the Nazis to power in 1933 and has intensified since then. The dramatic turning point in the persecution of the Jews was after the Nazi regime annexed Austria to its territory in March 1938."
Also in this case, for the purpose of clarifying eligibility, it is recommended to locate all the documents that are about the relevant relative from the state of Austria (if any). Like Germany, the state of Austria allows its citizens to hold additional passports.
Does permanent service prevent eligibility for Austrian citizenship?
"In the past, those who served in permanent service were disqualified from obtaining Austrian citizenship. Today, only those who serve in permanent service are barred from applying for Austrian citizenship."
If I get German or Austrian citizenship, can I transfer it to other family members?
"A grandparent or parent who has received German or Austrian citizenship cannot automatically pass it on to future generations. Therefore, anyone who wants his or her children or grandchildren to be German or Austrian citizens must also apply separately for them and of course with their consent. In the case of a minor child (under 18), the consent of both parents must be obtained for the purpose of submitting an application for German or Austrian citizenship. "
How long does it take to get a German passport compared to an Austrian passport?
"Our office prepares and submits the applications within about two months. After submission, it takes the German state between one and two years to make a decision. However,The state of Austria makes a decision within three months to a year. "
Why are German and Austrian passports considered prestigious?
"Germany and Austria are full members of the European Union. Any citizen of one of the two countries can live and work anywhere in the European Union and receive free or subsidized higher education and extensive social rights. ".
For the purpose of obtaining citizenship, which lawyer should be approached?
"
"In our office, except in exceptional cases, in almost every application we conduct a preliminary archival inspection of the archives in Israel and Germany to check whether there is eligibility for citizenship. These are complex operations for those who do not have knowledge skills and command of German.
"Regarding the preparation of the application itself, our office offers a full service without the client having to be involved in the much bureaucracy involved in submitting the application and includes obtaining documents, verification, translation and more. However, anyone who has the leisure and sense of bureaucracy can certainly handle the application himself."
Law Office of Cohen, Decker, Fax and Cypress
Phone: 053-9376328 Article
site
courtesy of Zap Legal
The information presented in the article does not constitute legal advice or a substitute for it and does not constitute a recommendation to take proceedings or avoid proceedings.
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