All three prerequisites must be met. It is not enough to have a good command of the German language and have an entry about German nationality in one's own internal identity document. Without a relevant German ancestor of German nationality or a German citizen, it will not be possible to obtain the status of a late resettler.
After the reduction of the criteria for the status of late resettler in the law of 2013, a declaration of belonging to the German people can be made in various ways even today, the language can be learned and one can come for a retake exam. More problematic is the proof of German descent; it is difficult to provide retroactively. The lack of proof of German descent becomes one of the main reasons for refusal of admission to Germany under the status of late resettler.
It is important to know that to prove German descent, it is sufficient to prove an ancestor with German citizenship. For example, the Ukrainian Pavlo Korobko was granted German citizenship during the war. After the war, P. Korobko was returned to the USSR. The descendants of P. Korobko can claim the status of late resettler, although they have no biological or cultural connection with the German people.
Previously, the Federal Administrative Office determined German descent at the level of at least one parent being proven of German nationality. In 2008, the Federal Administrative Court determined that German descent at the level of ancestors of the second or even third generation (grandfather, grandmother, great-grandfather, great-grandmother) is sufficient. Refusals based on the lack of proof of a German ancestor of the first generation (father or mother) do not comply with current legislation and are therefore incorrect.
Often, the applicant finds it difficult to prove the German descent of an ancestor. For example, after a divorce of parents, contact with the German father is lost, the German grandfather died long ago in Kazakhstan, his personal documents are not preserved or are deposited with distant relatives with whom contact is lost. Only clearly German first and last names of the German ancestor alone do not prove his belonging to the German people. The German ancestor must prove, were he alive today, that he meets the current criteria of belonging to the German people and can claim admission under the status of late resettler according to §4 BVFG.
The applicant must prove that the German ancestor (sometimes at the level of grandparents) could speak German to a sufficient extent, declared himself a person of German nationality, and himself had German ancestors. To prove German descent at the level of great-grandfather, this means that the applicant must study the identity of great-great-grandmother and great-great-grandfather. The task is difficult but not impossible. It is easier for those whose, albeit deceased, ancestors were proven to have been granted the status of late resettler or expelled of German nationality or proven naturalization during the war period.
First, one should review all available documents where information about the nationality of ancestors might be recorded. Documents of primary importance: passport, military ID, Komsomol or party card, child's birth certificate. Other, less significant documents depending on the circumstances of the case and within the presentation of the overall picture: extract from the house register, personnel record card in the HR department, and other documents. Then, it is necessary to reliably reconstruct the ancestor's level of German language proficiency. There are no general tips here; everything is decided according to the circumstances of the specific case, after all, the deceased ancestor cannot be invited for a language test to check knowledge of German. Here one has to work with indirect evidence, documentary base, assumptions, and witness statements. Nevertheless, with the toolkit of a specialized lawyer, the task is solvable.
Another problematic constellation is the assertion of the Office for the Admission of German Resettlers that descent from a German ancestor is unproven. There are many reasons for this: loss and replacement of documents, change of surname, upbringing in a foster family, stay in an orphanage, sometimes deliberate change of personal identity. Due to known cases of forgery, duplicate documents with an issue date after 1990 are examined particularly carefully and distrustfully by the Office for the Admission of Late Resettlers. In the end, the possibility of genetic proof of kinship with the alleged person remains.
Many private genetic laboratories operate in the territory of the former USSR, but here too the German authorities show a high degree of suspicion towards the results of genetic analysis from such a laboratory. It is possible to have genetic analysis done by a genetic laboratory in the territory of the Federal Republic of Germany. The results of genetic analysis from a German laboratory are usually not contested by the Office for the Admission of German Resettlers. Comparison of genetic material is possible between relatives of various levels.
It is important to promptly challenge negative decisions of the German authorities in accordance with the legal requirements. The current version of the rules for the admission of late resettlers allows reopening the consideration of an application for granting the status of late resettler even for long-closed cases where a refusal decision was made decades ago.
Thomas PUE,
German lawyer.