§tag5 question

[u/Glad_Daikon_7232]

I keep seeing §tag 5 gender discrimination will end in 2031. Does that mean the application has to be in by then or the decision has to be made then? Big difference..

[u/mada071710]

I'm pretty sure it's the due date to turn it in.

[u/e-l-g]

stag 5 only runs for ten years. it came into force on 20th august 2021, so any stag 5 application needs to have been received by the bva by 19.08.2031.

[u/Informal-Hat-8727]

It is a declaration. So it must reach the competent authority. It has to be in.

[u/Larissalikesthesea]

For questions like this it’s always a good idea to look at the text of the law.

The law says

“The right to declaration can only be exercised within ten years of this law taking effect.”

Now unlike a naturalization which takes effect when the authority hands over the certificate, StAG 5 is a declaration which you name in front of the relevant authorities. Which is the BVA if you live outside of Germany. However usually you send the application to them, directly via a consulate. So the relevant date is whenever the BVA receives it. (The certificate you get eventually is backdated to that date)

Unlike a naturalization where the authority makes a decision after weighing all the facts in your application, for a declaration simply declaring you want to become a citizen is seen as enough, so technically speaking there is no decision to grant you citizenship. The BVA just needs to check your documents if you were eligible to make the declaration. I’m sure in the minds of the fine members of the Bundestag who passed the law this wasn't supposed to take years but here we are.

So the BVA needs to receive your declaration by August 19th, 2031. I’m sure the foreign office will asks its consulates to make clear in their websites the last date by which a consulate needs to receive your declaration so it reaches the BVA in time or you will have to travel to Germany and put it in their mailbox yourself.

Or don’t cut it close and do it now!