Austrian Citizenship: Am I Eligible?

Austrian citizenship can be acquired by descent, award, extension of the award, or investment. If you are wondering whether you are an Austrian citizen, it is likely that you fall into one of these categories. For example, if you have Austrian ancestors, you may be eligible to obtain Austrian citizenship by descent. Alternatively, if you have lived in Austria for a certain period, you may be eligible to apply for citizenship by award. If you are considering making a substantial investment in Austria, you may also be able to obtain citizenship through that route.

Citizenship by descent

Austrian citizenship can be acquired by descent, award, extension of the award, or application. Here is an overview of the requirements for obtaining Austrian citizenship by descent:

Children of Austrian Citizens

Children born to married parents acquire Austrian citizenship by birth if either parent is an Austrian citizen. If the parents are unmarried and only the father is an Austrian citizen, the child acquires citizenship if the father recognises his parenthood within eight weeks or if a court determines his parenthood.

Children of Parents with Different Nationalities

If the non-Austrian parent's country of citizenship foresees a jus sanguinis (like Austria), the child will have dual citizenship. According to Austrian law, the child does not have to choose between Austrian citizenship and the other nationality upon becoming an adult, but the other state may require such a decision.

Children Born Out of Wedlock

Since 1 August 2013, children born out of wedlock obtain Austrian citizenship if the father is Austrian at the time of the child's birth and an acknowledgement of paternity is made within eight weeks of the child's birth. Before this date, only children born to an Austrian mother were automatically granted citizenship.

Spouses of Austrian Citizens

The alien spouse of an Austrian national may obtain Austrian citizenship if they have been legally and continuously resident in Austria for at least six years and have been married for at least five years in a joint household. The spouse must renounce their present citizenship.

Victims of the Nazi Regime and their Descendants

Austria allows victims of the Nazi regime and their descendants to apply for citizenship by means of a declaration ("Anzeige"). This includes direct descendants (as well as those adopted as minors) of a formerly persecuted ancestor. The ancestor may have been:

• A citizen of one of the successor states of the former Austro–Hungarian monarchy (e.g., Czechoslovakia, Hungary, Poland, Romania)
• A person who lost Austrian citizenship when they acquired a foreign citizenship through marriage around the time of their departure from Austria
• An Austrian citizen who did not primarily reside in Austria between 30 January 1933 and 9 May 1945 due to a well-founded fear of persecution by the Nazi regime
• An Austrian citizen who was deported from Austria by the Nazi regime before 9 May 1945 or killed by the regime, including for their support of the Republic of Austria

To apply for Austrian citizenship by descent, applicants must submit various documents, including a current passport photograph, marriage and divorce certificates, a criminal record from their country of residence, and evidence of their ancestor's persecution and residence in Austria. The process typically takes four to six months.

Citizenship by marriage

If you are married to an Austrian national, you may be eligible for Austrian citizenship by marriage. Here are the key requirements and considerations for obtaining Austrian citizenship through this route:

Requirements for Citizenship by Marriage

• Residence in Austria: You must have lived in Austria for at least six years with your spouse, and your marriage must have lasted for at least five years.
• Common Household: You and your spouse must have lived together in a common household for at least five years.
• Documentation: You will need to provide various documents, including your application form, birth certificate, passport, valid residence visa, and marriage certificate. All foreign documents must be translated into German and legalized by the Austrian authorities.
• Language and Integration: Demonstrating proficiency in the German language is essential. Additionally, you should have basic knowledge of Austria's democratic system, fundamental principles, and history.
• Legal and Criminal Record: There should be no pending criminal actions or convictions, both in Austria and abroad. You must also not have any severe administrative offences.
• Financial Stability: You need to prove that you have sufficiently secured maintenance and regular earnings for at least 36 months within the last six years before your application.
• Positive Attitude: The authorities will assess your attitude towards the Republic of Austria, ensuring that you pose no danger to public peace, order, and security.

Additional Considerations:

• Marriage Recognition: If you got married abroad, ensure that your marriage is recognized in Austria. Consult the Austrian civil registry office or diplomatic representations for guidance.
• Registration: Austrian citizens getting married abroad are legally obliged to register their marriage in Austria without delay. Inform the Austrian civil registry office directly or through the Austrian diplomatic representation.
• Document Authentication: To ensure your documents are recognized in Austria, they may need to be authenticated. Have all foreign documents translated into German by a certified court-appointed interpreter.
• Naturalization Requirements: In addition to marriage, you must also fulfill the general requirements for naturalization in Austria, including language skills, knowledge of the country, and financial stability.
• Dual Citizenship: Depending on your country of origin, you may need to renounce your previous citizenship. However, Austria allows dual citizenship in some cases, so consult the relevant authorities for specific guidance.

Citizenship by application

Austrian citizenship can be acquired by descent, award, extension of the award, or application. Here is an overview of the requirements for obtaining Austrian citizenship by application:

Obtaining Austrian Citizenship by Application

An individual has the right to obtain Austrian citizenship if they have lived in Austria permanently for at least thirty years or if they have lived in Austria permanently for at least fifteen years and can demonstrate successful personal and professional integration in Austria.

Additionally, aliens may apply for Austrian citizenship under the following preconditions:

• At least 10 years of continuous stay in Austria, with a minimum of five years as a permanent resident.
• Sufficient financial means/secure income.
• Sufficient knowledge of the German language.
• A positive attitude towards the Republic of Austria.

It is important to note that some aliens, such as EEA citizens, may be eligible to apply for citizenship after only six years of permanent residence in Austria.

General Requirements for Naturalization

To be eligible for Austrian citizenship, individuals must typically meet the following general requirements for naturalization:

• 10 years of legal and continuous residence in Austria, with a minimum of five years holding a residence permit.
• No criminal record or pending criminal actions in Austria or abroad.
• No severe administrative offences.
• Sufficiently secured maintenance and proof of regular earnings or income.
• German language skills and basic knowledge of the democratic system, history, and fundamental principles of Austria.
• Positive attitude towards the Republic of Austria and no close relationship to any extremist or terrorist group.
• No pending proceedings regarding the termination of residence or current prohibition of residence.
• No previous revocation of Austrian citizenship.

Application Process

The application for Austrian citizenship can be submitted using the form "Verleihung bzw. Erstreckung der Verleihung der österreichischen Staatsbügerschaft" or without an official form. The required documents may vary depending on individual circumstances, so it is recommended to contact the responsible department of citizenship for detailed information.

All foreign language documents must be presented in the original language along with a certified German translation. Some countries may require an apostille or authentication for their documents to be accepted. The translation must be done by a translator who is sworn in and certified in Austria.

The application process typically involves submitting the completed application form, providing proof of identity and residence, demonstrating sufficient financial means, and meeting the language and knowledge requirements.

Citizenship for Victims of the National Socialist Regime

In October 2019, the Austrian parliament amended the Austrian Citizenship Act to recognize its historical responsibility towards the victims of National Socialism and their descendants. As a result, victims of the National Socialist regime and their direct descendants can acquire Austrian citizenship by means of a declaration without having to give up their current citizenship.

To initiate the process, individuals are advised to contact their local Austrian diplomatic representation (Austrian Embassy or Consulate General) for further guidance and to obtain the necessary official documents.

Citizenship by re-acquisition

Austrian citizenship can be acquired by descent, award, extension of the award, or re-acquisition. Here is some detailed information on citizenship by re-acquisition:

A woman who lost her Austrian citizenship before 1 September 1983 by marrying a foreigner may regain her Austrian citizenship if she applies for it within five years of her husband's death or divorce.

Former Austrian citizens who were nationals for at least ten years before losing their citizenship can apply for a preferential re-acquisition through a simplified procedure. The applicant must be present in Austria, and any foreign nationality must be relinquished.

Austrian citizenship can be re-established by declaration for all individuals who were forced to leave Austria before 9 May 1945 due to a well-founded fear of persecution by the NSDAP, the authorities of the Third Reich, or by defending the democratic Republic of Austria. This also applies to those who suffered such persecution.

Restoration of Lost Austrian Citizenship to Victims of National Socialism and their Descendants

Beginning on 1 September 2020, Austrian Jews, stateless people, and citizens of successor states of Austria-Hungary who were forced to leave Austria before 15 May 1955 due to persecution or fear of persecution by the Nazi regime were able to restore their citizenship. This also applies to any direct descendants of these individuals, who can claim Austrian citizenship without giving up their existing citizenship, regardless of whether their ancestors have claimed Austrian citizenship.

Loss of Austrian citizenship

According to the Austrian Citizenship Act, there are several ways to lose Austrian citizenship. Firstly, under Section 27 of the Act, acquiring a foreign citizenship through an application, declaration, or express consent will result in the loss of Austrian citizenship unless prior approval for dual citizenship has been granted. This provision is stringent and permanent, meaning that even if the foreign citizenship is later relinquished, Austrian citizenship will not be reinstated.

Secondly, joining the military or armed forces of a foreign country will result in the loss of Austrian citizenship. This is outlined in Section 32 of the Austrian Citizenship Act.

Thirdly, citizenship can be revoked or withdrawn if an individual's actions significantly damage the interests, reputation, or security of the Republic of Austria. This includes voluntarily participating in hostilities abroad. The relevant sections in the Act are Sections 33 to 36, which cover deprivation and revocation.

Additionally, under Sections 37 and 38, an Austrian citizen can voluntarily renounce their citizenship under certain restricted circumstances. This requires a formal declaration of renunciation and may be subject to government-initiated withdrawal proceedings.

It is important to note that the loss of Austrian citizenship can occur automatically and without a specific procedure, simply by acquiring foreign citizenship. Therefore, individuals seeking to obtain citizenship in another country while retaining their Austrian citizenship must first obtain approval for dual citizenship. Failure to do so will result in the permanent loss of Austrian citizenship.

Frequently asked questions