Exploring Austrian Citizenship Through Grandparents: Is It Possible?

Austrian citizenship can be acquired by descent, award, or extension of the award. Citizenship by descent is a principle that allows individuals to acquire Austrian citizenship based on the nationality of their parents. If both parents are Austrian nationals, their children automatically acquire Austrian nationality at birth. If the parents are married and only the father is Austrian, the child will also be granted citizenship. In cases where the parents are unmarried, citizenship through the Austrian father is contingent on him legally acknowledging paternity. Adopted children can also acquire Austrian citizenship if the adopting parent is Austrian.

Austrian citizenship is also available to descendants of individuals persecuted during the Nazi regime. This provision acknowledges Austria's historical responsibility and provides a route for the restoration of rights to families impacted by past atrocities. All direct descendants of a persecuted ancestor are eligible to apply for Austrian citizenship, including children, grandchildren, and great-grandchildren.

Can I get Austrian citizenship if my grandparents were persecuted by the Nazi regime?

Yes, it is possible to get Austrian citizenship if your grandparents were persecuted by the Nazi regime. This is because Austria allows victims of the Nazi regime and their descendants to apply for citizenship. This includes direct descendants such as grandchildren.

To be eligible, your grandparents must have been persecuted or feared persecution by the Nazi regime, and you must provide evidence of this. This could include birth certificates, marriage certificates, and proof that your grandparents resided in Austria. If your grandparents fled Austria, you will need to provide evidence of this, such as passenger lists. If they were deported or killed by the regime, you will need to provide a death certificate or other evidence.

In addition to the documents related to your grandparents' persecution, you will also need to provide personal documents, including a current passport photograph, your birth certificate, and documents related to your marital status if your surname has changed. You will also need to provide a current criminal record certificate from your country of residence.

The process for acquiring Austrian citizenship through descent can take around four to six months. It is important to note that Austria typically restricts dual citizenship, but there are exceptions for descendants of victims of Nazi persecution.

What if my grandparents were citizens of Austria?

If your grandparents were citizens of Austria, you may be eligible for Austrian citizenship by descent. Here are the key points to consider:

Eligibility Criteria:

To be eligible for Austrian citizenship through your grandparents, specific criteria must be met. Firstly, if your grandparents were citizens of Austria and you were born after August 1, 2013, your parent through whom you claim descent must have publicly recognized their parenthood before your birth or within eight weeks of your birth. Alternatively, paternity or maternity must be established by a court. This criterion applies regardless of whether your parents were married or not.

Additionally, if your grandparents were citizens of Austria, and you were born before August 1, 2013, you would have acquired Austrian citizenship only through legitimization or a grant of citizenship.

It's important to note that Austrian citizenship by descent is typically not automatically extended beyond the grandchildren of Austrian citizens. However, legal advice should be sought to explore this possibility based on your unique family history and the current laws in place.

Application Process:

The application process for Austrian citizenship by descent involves several steps. Firstly, gather the necessary documents, including official birth certificates that prove your lineage. If your claim is through a grandparent, include their birth certificates, marriage certificates, and any other relevant documentation. All foreign documents must be authenticated with an Apostille to be considered valid.

Once you have compiled the required documents, submit your application, along with the documents, to the Austrian consulate or embassy in your country of residence. Ensure that your application is accurate and complete to avoid delays in processing.

Benefits of Austrian Citizenship:

Austrian citizenship provides a range of benefits and rights. As an Austrian citizen, you have the freedom to live, work, and travel within the European Union without the need for visas or additional permits. This includes all EU member states and countries in the European Economic Area (EEA). Additionally, Austria's strong passport ranking offers visa-free or visa-on-arrival access to a significant number of countries worldwide.

Austrian citizenship also grants you access to comprehensive social services and benefits, including healthcare, pension plans, and unemployment insurance. The country's welfare system is renowned for its high standards in protecting the well-being of its citizens.

Furthermore, as an Austrian citizen, you have eligibility for admission to Austrian educational institutions, often at reduced costs compared to non-citizens. Your career prospects are also enhanced, as you have the right to employment in Austria without the need for work permits, and local labor laws protect your work conditions and ensure fair wages and benefits.

Dual Citizenship Considerations:

It's important to note that Austria typically restricts dual citizenship. Under the Austrian Citizenship Act, you are generally expected to relinquish any other nationality upon acquiring Austrian citizenship. However, there are exceptions to this rule.

If you acquire Austrian citizenship by descent and are entitled to another citizenship at birth, you are not required by Austria to renounce the other citizenship. This situation commonly arises when one parent is Austrian, and the other parent confers the nationality of another country.

Additionally, descendants of victims of Nazi persecution are entitled to claim Austrian citizenship without renouncing their current citizenship, following legal amendments to the Austrian Citizenship Act.

What if my grandparents were citizens of a successor state of the former Austro-Hungarian monarchy?

If your grandparents were citizens of a successor state of the former Austro-Hungarian monarchy, you may still be eligible for Austrian citizenship. The Austrian Citizenship Act, amended in September 2020 and May 2022, addresses Austria's historical responsibility for its part in the acts committed during the Nazi regime. The Austrian government provides reparations to persons persecuted by this regime and their descendants by allowing them to apply for Austrian citizenship by descent.

To be eligible for Austrian citizenship, at least one of your grandparents must meet the following criteria:

• They were a citizen of one of the successor states of the former Austro-Hungarian monarchy (specifically, Czechoslovakia, Hungary, Poland, Romania, and the Kingdom of Serbs, Croats, and Slovenes).
• They primarily resided in Austria before the specified dates of May 9, 1945, or May 15, 1955, and left the country because they suffered or had reason to fear persecution by the Nazi regime, including persecution for their support of the democratic Republic of Austria.
• They did not have a primary residence 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.
• They were deported from Austria by the Nazi regime before May 9, 1945, or were killed by the regime, including deaths resulting from denial of medical care, insufficient food, or torture injuries.

To apply for Austrian citizenship, you must file a declaration ("Anzeige") along with the necessary documentation. This can be done at your local Austrian diplomatic representation (Austrian Embassy or Consulate General). The documents required include:

• A current passport photograph (not older than six months), complying with Austrian criteria.
• Marriage and divorce certificates, if applicable, in case the original surname was changed.
• Certificate of name change, if applicable.
• A 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 of persecution of the ancestor (if available). The birth certificate is usually sufficient evidence for Jewish persons.
• Proof of the ancestor's residence in Austria if they were a citizen of a successor state of the former Austro-Hungarian monarchy.
• Evidence of flight or deportation from Austria, such as passenger lists or official records.
• Death certificate or other evidence if the ancestor was killed by the Nazi regime.

What if my grandparents were stateless?

If your grandparents were stateless, you may still be eligible for Austrian citizenship by descent. The Austrian Citizenship Act allows direct descendants of persecuted ancestors to apply for citizenship. This includes individuals whose grandparents were stateless persons with a main residence in the federal territory of Austria before May 9, 1945, and who were deported or killed by the Nazi regime.

To be eligible for Austrian citizenship as a descendant of stateless grandparents, you must provide evidence of their statelessness and their residence in Austria. Additionally, you need to submit documents proving your direct relationship with your grandparents, such as birth certificates, marriage certificates, and any relevant name change documents.

The process for acquiring Austrian citizenship through descent is detailed and requires specific eligibility requirements and application steps. You will need to gather the necessary documents, including your birth certificate, marriage and divorce certificates (if applicable), and a current passport photograph. All foreign documents must be authenticated with an Apostille. You can then submit your application, along with the required documents, to the Austrian consulate or embassy in your country of residence.

It is important to note that Austrian law typically restricts dual citizenship, and you may be expected to relinquish any other nationality upon acquiring Austrian citizenship. However, there are exceptions to this rule, such as if you acquire Austrian citizenship by descent or are a descendant of victims of Nazi persecution.

What documents do I need to provide?

To apply for Austrian citizenship through grandparents, you will need to provide a range of documents to support your application. Here is a list of the required documents:

Personal Documents:

• A current passport photograph.
• Your birth certificate.
• Documents regarding your marital status, such as a marriage certificate and a name declaration if your last name has changed.
• A current criminal record certificate from your country of residence, issued no earlier than 8 months ago.

Documents Concerning Your Persecuted Grandparent(s):

• Evidence of Austrian citizenship or citizenship of a successor state of the former Austro-Hungarian Monarchy of your grandparent(s). Alternatively, evidence of their statelessness.
• Proof of your grandparent(s)' principal residence in Austria, or possibly abroad between January 30, 1933, and May 9, 1945.
• Evidence of the persecution your grandparent(s) suffered or had reason to fear, including any persecution they faced for defending the democratic Republic of Austria.
• If applicable, evidence of your grandparent(s) leaving Austria before May 15, 1955.
• If applicable, evidence of the marriage through which your grandparent(s) lost their Austrian citizenship.
• Death certificates and marriage certificates of your grandparent(s).
• All documents that establish your direct relationship with your grandparent(s), including birth certificates, marriage certificates, acknowledgement of paternity, judicial declaration of paternity if born out of wedlock, and adoption certificates if applicable.

Please note that all foreign documents must be translated into German by a sworn and judicially certified translator. Additionally, they require either diplomatic authentication or an apostille.

Frequently asked questions