Becoming Austrian: Dual Citizenship For Americans

Austria is one of the wealthiest countries in Europe, offering a high quality of life, a stable economy, and awe-inspiring natural attractions. Obtaining Austrian citizenship can be highly coveted, as it grants visa-free or visa-on-arrival access to approximately 190 destinations worldwide, including Hong Kong, Japan, Singapore, and the USA. Austrian citizenship can be acquired by descent, award, or extension of the award. While Austria typically requires applicants to give up their previous citizenship, there are exceptions to this rule. So, can an American citizen become an Austrian citizen?

Austrian citizenship by descent

Austrian citizenship can be acquired by descent, award, or extension of the award. Here is what you need to know about Austrian citizenship by descent:

Children of Austrian Citizens

Children automatically become Austrian citizens at birth if their mother is an Austrian citizen. The same applies if the parents are married and only the father is an Austrian citizen. If the parents are not married and only the father is an Austrian citizen, he must recognise his parenthood within 8 weeks, or his paternity must be determined by a court. In this case, the child may be awarded Austrian citizenship through a simplified procedure. If the non-Austrian parent's country of citizenship also 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 and the other nationality upon becoming an adult, but the other state might require such a decision.

Descendants of Victims of the Nazi Regime

Austria allows victims of the Nazi regime and their descendants to apply for citizenship. This includes direct descendants (as well as those adopted as minors) of a formerly persecuted ancestor. The ancestor must fall under one of the following categories:

• A citizen of one of the successor states of the former Austro-Hungarian monarchy (e.g., Czechoslovakia, Hungary, Poland, Romania, the Kingdom of Serbs, Croats, and Slovenes)
• A person who lost Austrian citizenship upon acquiring a foreign citizenship through marriage around the time of their departure from Austria, and who primarily resided in Austria before May 15, 1955, and left the country due to persecution or fear of persecution by the Nazi regime, including persecution for supporting the democratic Republic of Austria
• An Austrian citizen who did not primarily 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 by the Nazi regime before May 9, 1945, or killed by the regime, including for supporting the Republic of Austria

Descendants of victims of the Nazi regime must file an Anzeige (declaration) along with the necessary supporting documents, such as a current passport photograph, marriage and divorce certificates, criminal records, birth certificates, marriage certificates, and evidence of persecution and residence in Austria. The process for acquiring Austrian citizenship through this route typically takes four to six months.

Citizenship by investment

Austria is one of the few countries in Western Europe that offers citizenship by investment, allowing investors to obtain citizenship through substantial contributions to the country's economy. This program is highly sought-after, attracting high-net-worth individuals and entrepreneurs who want to establish a presence in Austria and the European Union.

Investment Requirements

To qualify for Austrian citizenship by investment, individuals must make significant contributions to the Austrian economy. This can be done through active investments in businesses, such as joint ventures or direct investments that create jobs, introduce new technologies, or generate export sales. The investment amount typically ranges from €800,000 to €10 million, with a minimum of €3 million invested each year for at least three years. Passive investments, such as government bonds or real estate, do not qualify for this program.

Application Requirements

In addition to the substantial investment, applicants for Austrian citizenship by investment must meet several other requirements. These include:

• A clean criminal record
• Proof of source of funds
• Basic knowledge of the German language
• Demonstration of economic benefits and job creation in Austria as a result of the investment
• Standard documentary requirements, including passports, birth certificates, and marriage certificates
• Comprehensive CV and business background information
• Impeccable references

Benefits of Austrian Citizenship

Becoming an Austrian citizen through investment offers numerous benefits, including:

• Visa-free or visa-on-arrival travel to approximately 190 destinations, including the European Union, Canada, Hong Kong, and the United States
• The right to live, work, and study anywhere in the European Union
• High quality of life, including access to excellent education, healthcare, and social services
• Stable political and economic system
• Well-developed transport and communications infrastructure
• Low tax rates compared to other European countries

Dual Citizenship Considerations

It is important to note that Austria generally does not recognize dual citizenship. Individuals acquiring Austrian citizenship are typically required to renounce their previous nationality. However, there are exceptions to this rule, such as when an individual acquires Austrian citizenship under specific provisions of the Austrian Citizenship Act or in the case of dual citizenship by descent.

Dual citizenship for children

Austrian citizenship law does not permit dual or multiple citizenships as a general rule. However, there are some exceptions to this principle, including for children who acquire dual citizenship at birth.

If a child is born to an Austrian citizen mother, they automatically become an Austrian citizen. The same applies if the parents are married and only the father is an Austrian citizen. If the parents are not married and only the father is an Austrian citizen, he must recognise his parenthood within 8 weeks, or his paternity must be determined by a court. In these cases, the child may be awarded Austrian citizenship through a simplified procedure.

If the non-Austrian parent is from a country that also foresees jus sanguinis (like Austria), the child will have dual citizenship. In this case, the child does not have to choose between Austrian citizenship and their other nationality upon reaching adulthood, according to Austrian law. However, the other country may require such a decision.

It is important to note that dual citizenship for children is only recognised if the child automatically acquires the other citizenship at birth. A positive declaration of intent to acquire foreign citizenship, such as an application, is not sufficient.

Victims of the Nazi regime and their descendants

In recognition of its historical responsibility towards victims of the Nazi regime and their descendants, Austria allows victims and their direct descendants to apply for citizenship. This includes victims of the Holocaust and their direct descendants.

The Austrian Citizenship Act (“Staatsbürgerschaftsgesetz/StbG”) was amended in October 2019 to include § 58c para. 1a, which states that victims and descendants of victims of the National Socialist regime can acquire Austrian citizenship by means of a declaration (“Anzeige”), without having to give up their current citizenship or nationality. This amendment came into force on 1 September 2020.

The latest amendment to the Austrian Citizenship Law, which came into force on 1 May 2022, extended eligibility for acquiring Austrian citizenship to victims' descendants if their direct ancestors had fled Austria before 1955 (previously before May 1945). Descendants include sons, daughters, grandchildren, great-grandchildren, etc. This law applies to both Jews and non-Jews, and includes physically or mentally disabled individuals, Sinti and Roma peoples, and non-heterosexual individuals.

To apply for Austrian citizenship as a descendant of a victim of the Nazi regime, you must file an Anzeige (declaration) along with mandatory apostilled supporting documents. The specific documents required may vary depending on the case, but generally include:

• A current passport photograph (not older than six months), complying with the Austrian photograph criteria
• Marriage and divorce certificates, if applicable, in case the original surname was changed
• Certificate of change of name, if applicable
• Criminal record from the country of residence, not older than eight months (for US residents, this must be issued by the FBI)
• Birth certificate of the persecuted ancestor (if available)
• Marriage certificate of the persecuted ancestor (if available)
• Evidence that the ancestor was persecuted (if available). The birth certificate is usually sufficient evidence for Jewish persons
• Evidence that the persecuted ancestor was residing in Austria (in case they were a citizen of one of the successor states of the Austro-Hungarian monarchy)
• In case of flight: Evidence that the ancestor fled from Austria (for example, passenger lists)
• In case of deportation: Evidence that the ancestor was deported by the Nazi regime
• In case the ancestor was killed by the Nazi regime: Death certificate or other evidence

Naturalization requirements

To become a citizen of Austria, an American citizen must meet the general requirements for naturalization. Here are the detailed naturalization requirements:

Legal and Continuous Residence

An American citizen must have resided in Austria for at least ten years, with a minimum of five years as a permanent resident with a residence permit. Some aliens, such as EEA citizens, may be eligible for citizenship after only six years of permanent residence.

Clean Criminal Record

The applicant must have no criminal convictions, pending criminal proceedings, or severe administrative offences with a special degree of unlawfulness, either in Austria or abroad.

Financial Stability

The applicant must demonstrate that they have sufficient financial means and a secure income. They must provide proof of stable and regular resources, such as employment, income, or insurance benefits, for an average of 36 out of the last 60 months before the application. However, individuals with disabilities or permanent serious illnesses who cannot work are exempt from this requirement.

German Language Proficiency and Knowledge of Austria

Proficiency in the German language is a requirement for naturalization. Applicants must provide proof of their German language skills, unless they are minors attending an Austrian school or have German as their native language. Additionally, they must demonstrate basic knowledge of the democratic system, fundamental principles, and the history of Austria and its provinces. This can be done through a written examination or by obtaining a degree in "History and Social Sciences" at the 8th-grade level of a lower secondary school.

Positive Attitude and No Threat to Public Security

Applicants must demonstrate a positive attitude towards the Republic of Austria and warrant that they do not pose a danger to public peace, order, and security. They must also have no close relationship with any extremist or terrorist group.

Renunciation of Previous Citizenship

Applicants are generally required to renounce their previous citizenship. However, in certain cases, such as Article 10 (6) of the Citizenship Act, the former citizenship can be legally maintained.

Other Requirements

Other requirements include no pending proceedings regarding the termination of residence, no current or recent prohibition of residence or return decision, and no significant impact on Austria's international relations or harm to its interests.

Frequently asked questions