Born Confusion: Austria Vs. Australia

The term Austrian refers to the citizens and nationals of Austria, a landlocked country in Central Europe. The English term Austrians was first applied to the population of Habsburg Austria in the 17th or 18th century. The native name for Austria, Österreich, derives from the Old High German Ostarrîchi, which meant eastern realm.

The country has been inhabited since at least the Paleolithic period. Around 400 BC, it was inhabited by the Celts and then annexed by the Romans in the late 1st century BC. The area that is now Austria was settled in pre-Roman times by various Celtic tribes, having been the core of the Hallstatt culture by the 6th century BC. The city of Hallstatt, in fact, has the oldest archaeological evidence of the Celts in Europe.

Austrian citizenship by descent

Citizenship by Descent for Children:

If your parents are married and one of them is an Austrian citizen, you automatically become an Austrian citizen at birth. If your parents are not married and your mother is an Austrian citizen, you also acquire Austrian citizenship at birth.

In cases where the parents are not married and only the father is an Austrian citizen, you will become an Austrian citizen if your father acknowledges paternity before your birth or within eight weeks of it. Alternatively, if paternity is established by a court within eight weeks of your birth, you will also acquire Austrian citizenship.

If paternity is acknowledged or established by a court after the eight-week timeframe, a simplified procedure for acquiring Austrian citizenship is available. This also applies if your parents marry when you are a minor and your father is an Austrian citizen at the time of the marriage.

Citizenship by Descent for Descendants of Persecuted Persons:

Austria allows victims of the Nazi regime and their descendants to apply for citizenship by descent as part of its reparative responsibility. This includes direct descendants, such as children, grandchildren, and great-grandchildren, as well as those adopted as minors.

To be eligible, your ancestor must fall under one of the following categories:

• A citizen of Austria or one of the successor states of the former Austro-Hungarian monarchy who left the country before May 15, 1955, because they suffered or feared persecution by the Nazi regime.
• A person who lost their Austrian citizenship when they acquired a foreign citizenship through marriage around the time of their departure from Austria.
• An Austrian citizen who did not reside in Austria between January 30, 1933, and May 9, 1945, due to fear of persecution by the Nazi regime or because of their support for the Republic of Austria.
• An Austrian citizen who was deported from Austria or killed by the Nazi regime before May 9, 1945, including those killed for their support of the Republic of Austria.

The application process for citizenship by descent involves submitting a declaration ("Anzeige") and the necessary documentation to your local Austrian diplomatic representation or the relevant authority in Vienna, Austria. The process typically takes four to six months.

Austrian citizenship for victims of the Nazi regime

In recognition of its historical responsibility, Austria has allowed victims of the Nazi regime and their descendants to apply for citizenship since 2019. This law was amended in 2020 to include an additional ten years of history, extending eligibility to victims' descendants if their direct ancestors fled Austria before 1955.

The latest amendment to the Austrian Citizenship Act came into force on 1 September 2020, allowing descendants of people persecuted by the Nazi regime to be eligible for Austrian citizenship. This includes people who descend directly from an ancestor who was persecuted, such as children and grandchildren. Adopted children also qualify if they were adopted as minors.

To be eligible, the ancestor must have:

• Lived in Austria and held citizenship or been eligible to hold Austrian citizenship
• Been born in modern-day Italy, Hungary, Serbia, Bosnia and Herzegovina, the Czech Republic, Slovakia, Croatia, Slovenia, Poland or Romania but lived in Austria until their emigration and held citizenship or been eligible to hold citizenship
• Been persecuted by the Nazi regime or the Austrofascist regime due to their Jewish faith, political activity, ethnicity, or other factors
• Emigrated from Austria between 1933 and 15 May 1955

The process for acquiring Austrian citizenship through descent usually takes four to six months. Applicants must submit a declaration along with supporting documents, including:

• A current passport photograph
• Marriage and divorce certificates, if applicable
• A certificate of a change of name, if applicable
• A criminal record from their country of residence, not older than eight months
• A birth certificate, if available
• A marriage certificate, if available
• Evidence that the ancestor was persecuted, if available
• Evidence that the persecuted ancestor resided in Austria
• Evidence that the ancestor fled or was deported from Austria, such as passenger lists
• A death certificate or other evidence if the ancestor was killed by the Nazi regime

All government citizenship application fees are waived for victims and descendants of Nazi persecution. Individuals are not required to revoke any existing citizenship, and passports are granted without the need to reside in Austria.

Austrian citizenship by naturalisation

Austrian citizenship can be acquired by descent, award, extension of the award, or naturalisation. Here is some information on acquiring Austrian citizenship by naturalisation:

General Requirements for Naturalisation

• 10 years of legal and continuous residence in Austria, including a minimum of 5 years with a residence permit.
• No criminal record or pending criminal action, both in Austria and abroad.
• No severe administrative offences.
• Sufficient financial means to support oneself.
• Proof of fixed and regular earnings over a period of 36 months within the last 6 years before the time of application. The last 6 months must be immediately before the time of application.
• German language skills and basic knowledge of the democratic system, history, and fundamental principles of Austria and each province. Exemptions are made for minors under 14 years of age and those with a bad mental or physical health condition.
• 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, no current prohibition of residence, and no enforceable return decision.
• No eviction order within the last 12 months and no entry prohibition.

Additional Requirements for Specific Cases

For Spouses of Austrian Citizens

• The marriage must have lasted for at least 5 years.
• The spouse must have lived in Austria with a settlement permit for a minimum of 6 years.

For Former Austrian Citizens

Former citizens of Austria who lost citizenship (except by renunciation or deprivation) may be granted citizenship after residing in Austria for 1 year. Austrian citizenship must have been held for 10 years before it was lost.

For Long-Term Residents of Austria

A person who has lived in Austria for 30 years, or 15+ years with 'sustained personal and occupational integration', is entitled to Austrian citizenship.

For Stateless Persons Born in Austria

A stateless person born in Austria may be granted citizenship if they have lived in the country for a total of 10 years, including 5 years continuously before the application.

For Victims of National Socialism and Their Descendants

In recognition of its historical responsibility, Austria allows victims of the National Socialist regime and their descendants to acquire citizenship by means of a declaration without giving up their current citizenship.

Dual Citizenship

Austria's law substantially restricts dual citizenship. Those with Austrian citizenship who acquire another citizenship by voluntary action automatically lose their Austrian citizenship, except in cases where permission to retain it has been obtained in advance. However, there are some categories of Austrian citizens who may possess dual citizenship:

• Individuals who acquired another citizenship at birth, such as children born to Austrian parents in a foreign country.
• Naturalised Austrian citizens who are unable to renounce their existing nationality.
• Individuals who acquired Austrian citizenship by being appointed a professor at an Austrian university.

Austrian citizenship by award

Eligibility:

Application Process:

The application process for Austrian citizenship by award is rigorous and requires government approval at multiple levels. Applicants must submit a comprehensive set of documents, including a valid passport, proof of contributions, health insurance, a clean criminal record, a CV, business background information, and impeccable references. The process involves a thorough background check, and the success of the application is at the sole discretion of the Austrian government.

Benefits of Austrian Citizenship:

Austrian citizenship offers numerous advantages, including visa-free access to approximately 190 destinations, including the European Union, Canada, Hong Kong, and the United States. Austrian citizens also have the right to reside and work anywhere in the EU and Switzerland, enjoying the high quality of life and excellent transport and communications within these regions.

Language Requirements:

Austria has specific language requirements for citizenship applicants. A certificate proving a B1 level of German language knowledge may be required, and applicants must demonstrate that they are “Austrian enough” to qualify for citizenship.

Dual Citizenship:

Austria does not generally recognize dual citizenship, and applicants may be required to renounce their previous citizenship to obtain Austrian citizenship. However, in certain cases, such as under Article 10 (6) of the Citizenship Act, applicants may be allowed to maintain their former citizenship.

Timing:

The Austrian citizenship application process can be lengthy, with processing times varying. The formal application process can take up to 36 months before full citizenship is obtained.

Secrecy:

The grant of Austrian citizenship is not published or reported to any other country, in line with government provisions relating to privacy and official secrets. This adds to the exclusivity of the Austrian passport.

Restoration of Citizenship for Victims of National Socialism:

It is important to note that Austria has taken steps to restore citizenship to victims of National Socialism (Nazi persecution) and their descendants. In 2019, the Austrian parliament amended the Austrian Citizenship Act to allow descendants of victims to acquire citizenship by declaration without renouncing their current citizenship.

Austrian citizenship by legitimation

Austrian citizenship is primarily based on the principle of descent, i.e., having an Austrian parent. However, in certain cases, it is possible to acquire Austrian citizenship by legitimation. Here is a detailed overview:

General Requirements for Austrian Citizenship

In addition to the specific requirements for citizenship by legitimation, there are several general requirements that must be fulfilled for acquiring Austrian citizenship:

• Legal and continuous residence in Austria for at least 10 years, with a minimum of 5 years holding a residence permit.
• No criminal record or pending criminal actions in Austria or abroad.
• Sufficient financial resources and proof of regular earnings or income.
• German language skills and basic knowledge of the democratic system, the fundamental principles, and the history of Austria and its provinces.
• Positive attitude towards the Republic of Austria and no close relationship to any extremist or terrorist group.
• Renunciation of foreign citizenship, if applicable (this requirement can be waived in certain cases).

Documents Required for Austrian Citizenship

When applying for Austrian citizenship, the following documents are typically required:

• Completed and signed application form.
• Birth certificate of the applicant.
• Passport of the applicant.
• Valid residence visa.
• Marriage certificate, if applicable.
• Certificate of citizenship (for children, this is the certificate of citizenship of the Austrian parent).
• Passports of both parents (for children).
• All foreign documents must be translated into German and legalized by the Ministry of Foreign Affairs and the Austrian Embassy.

Austrian Citizenship for Victims of Nazi Persecution and Their Descendants

It is important to note that Austria has also passed legislation to address its historical responsibility towards victims of the National Socialist regime and their descendants. Descendants of victims of Nazi persecution can acquire Austrian citizenship by descent through a declaration ("Anzeige") without having to give up their current citizenship. This provision was added to the Austrian Citizenship Act ("Staatsbürgerschaftsgesetz") in 2019.

Frequently asked questions