Inheritance Of Austrian Citizenship: Parental Route Explored

Austrian citizenship can be acquired in several ways, one of which is by descent. This means that individuals can obtain Austrian citizenship if they have Austrian parents or ancestors. The specific criteria for citizenship by descent depend on factors such as the marital status of the parents at the time of birth and whether paternity has been legally acknowledged. In addition, Austria allows victims of the Nazi regime and their descendants to apply for citizenship as a form of reparation. It is important to note that Austrian law generally does not permit dual citizenship, and those acquiring Austrian citizenship are typically expected to relinquish any other nationality. However, there are certain exceptions to this rule, such as in cases of citizenship by descent or for descendants of Nazi victims. Understanding the eligibility criteria and application process is crucial for those seeking Austrian citizenship through descent.

Citizenship by descent

Austrian citizenship by descent is based on the nationality of one's parents. The process is governed by specific regulations, which include conditions such as the marital status of the parents at the time of the child's birth and whether paternity has been acknowledged by an Austrian father.

Eligibility Criteria for Austrian Citizenship by Descent:

Austrian citizenship by descent is available to children born to Austrian nationals, including those born abroad, adopted children, and descendants of Austrian ancestors who were persecuted.

Jus Sanguinis Principle:

Austria primarily follows the jus sanguinis (right of blood) principle. This means that you are eligible for Austrian citizenship if either your mother or father is an Austrian citizen at the time of your birth. If both parents are Austrian nationals, the child automatically acquires Austrian nationality at birth.

Children Born to Austrian Parents:

If the parents are married and only the father is an Austrian citizen, the child will be granted citizenship. In cases where the parents are not married, citizenship through the Austrian father is contingent on him legally acknowledging paternity within eight weeks of the child's birth.

Adopted Children and Citizenship:

If you are an adopted child, you can acquire Austrian citizenship if the adopting parent is an Austrian national. This acquisition is effective from the time the adoptive relationship is legally established.

Recognising Paternity for Citizenship:

For children born out of wedlock, if the father is an Austrian citizen and the mother is a foreign national, the father must acknowledge paternity within eight weeks of the child's birth for the child to be eligible for Austrian citizenship.

Citizenship for Descendants of Persecuted Ancestors:

Descendants of individuals persecuted during the Nazi regime may be eligible for Austrian citizenship without renouncing their current nationality. This provision acknowledges Austria's historical responsibility and provides a route for the restoration of rights to families impacted by past atrocities.

Application Process for Citizenship by Descent:

When applying for Austrian citizenship by descent, individuals must follow a sequence of steps, including gathering and authenticating necessary documentation and submitting their application through the appropriate channels.

Gathering Required Documents:

To initiate the process, individuals need to compile several documents, including an official birth certificate that proves their lineage. If the claim to citizenship is through the father and the parents were not married, an acknowledgement of paternity within eight weeks of birth is necessary. For ancestral claims, include death certificates and marriage certificates as applicable.

Authenticating Documents with Apostille:

All foreign documents must be authenticated with an Apostille to be considered valid for the citizenship application. This includes personal certificates such as birth and marriage certificates.

Filing the Citizenship Application:

Submit the application along with the required documents to the Austrian consulate or embassy in your country of residence. Ensure that the application is accurate to avoid delays. The Federal Ministry of Interior in Austria will review applications for citizenship by descent.

Provincial Government's Role:

Upon submission, the application will be forwarded to the provincial government of the applicant's last residence in Austria or their ancestors' last known address. The provincial government plays a crucial role in verifying documentation and entitlement to citizenship by descent.

Understanding Citizenship by Award and Descent:

It is important to distinguish between citizenship by award, which generally refers to naturalisation or honorary citizenship, and citizenship by descent. The latter is a simplified procedure based on the fact that you, your parents, or ancestors were Austrian citizens by birth.

Legal Representation in Citizenship Matters:

While not mandatory, legal representation can help navigate the complexities of Austrian citizenship law. A specialised attorney can advise on procedures and ensure that all required documents are properly prepared and submitted, potentially streamlining the acquisition of an Austrian passport.

Austria's Stance on Dual Citizenship:

Austrian law generally restricts dual citizenship but offers certain exceptions. Under the Austrian Citizenship Act, individuals acquiring Austrian citizenship are expected to relinquish any other nationality. However, exceptions exist where dual citizenship is permitted, such as when Austrian citizenship is acquired by descent, and the individual is entitled to another citizenship at birth.

Marital status of parents

Austrian citizenship is based on the principle of descent, i.e., descent from an Austrian parent. The acquisition of Austrian citizenship by descent depends on the marital status of the parents and the citizenship of either or both parents. Here is a detailed overview of how an individual's marital status affects their child's citizenship:

Married Parents:

If the parents are married, the child automatically becomes an Austrian citizen at birth if either parent is an Austrian citizen. This rule applies regardless of the place of birth, as Austrian citizenship is not dependent on the child's birthplace. If the parents are married, and the father is an Austrian citizen, while the mother is a foreign national, the child will still acquire Austrian citizenship at birth.

Unmarried Parents:

If the parents are not married, the child's path to Austrian citizenship differs based on the citizenship of each parent. If the mother is an Austrian citizen, the child automatically acquires Austrian citizenship at birth, regardless of the father's nationality or marital status.

However, if the father is an Austrian citizen and the mother is a foreign national, the situation is more complex. In this case, for the child to acquire Austrian citizenship, the Austrian father must recognize his parenthood within eight weeks of the child's birth. Alternatively, if the father's paternity is determined by a court within this timeframe, the child will be granted Austrian citizenship. If the father's paternity is acknowledged or established after this eight-week period, the child may still be awarded Austrian citizenship through a simplified procedure.

Dual Citizenship:

It is important to note that if the parents are of different nationalities, and the non-Austrian parent's country of citizenship also follows the principle of jus sanguinis (like Austria), the child will have dual citizenship. According to Austrian law, the child is not required to choose between Austrian citizenship and the other nationality upon reaching adulthood. However, the other country may require such a decision to be made.

Paternity acknowledgement

Austrian citizenship is based on the principle of descent, i.e., descent from an Austrian parent. The acquisition of citizenship by descent depends on the citizenship of the parents and their marital status at the time of birth.

If a child is born out of wedlock to an Austrian father, the child can receive Austrian citizenship through descent if a valid "Acknowledgment of Paternity" or a court's decision exists. The biological father of a child born abroad has the possibility to acknowledge his paternity if the parents are not married or if the mother's husband is not the biological father. The acknowledgement must take place within eight weeks of the birth, either at the Austrian Embassy or the competent office of Citizenship in Austria. If the acknowledgement of paternity or court decision takes place later than eight weeks after the birth, the child may still receive Austrian citizenship through a simplified procedure up until the age of 14.

Citizenship by Descent

If the parents are married and at least one parent is an Austrian citizen, the child automatically becomes an Austrian citizen at birth. If the parents are not married and only the father is an Austrian citizen, the child acquires Austrian citizenship if the father recognizes his parenthood within eight weeks or if it is determined by a court within this timeframe. If the child acquires another citizenship at birth in addition to Austrian citizenship, there is no loss of Austrian citizenship, and the child has dual citizenship. Under Austrian law, the child does not have to choose one nationality when they reach the age of majority, but the other state may require a decision.

Citizenship by Award

Austrian citizenship can also be acquired by award if the general requirements for naturalization are fulfilled and an application is filed. These requirements include:

• 10 years of legal and continuous residence in Austria, with a minimum of 5 years holding a residence permit
• No criminal record or pending criminal action in Austria or abroad
• 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
• Loss of previous citizenship upon acquisition of Austrian citizenship

Dual citizenship

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

Austria generally restricts dual citizenship, and those acquiring Austrian citizenship are typically expected to relinquish any other nationalities. However, there are certain exceptions where dual citizenship is permitted:

• Acquisition by Descent: If you acquire Austrian citizenship by descent and are entitled to another citizenship at birth, you are not required to renounce the other citizenship. This usually occurs when one parent is Austrian and the other parent confers the nationality of another country.
• Descendants of Nazi Persecution: Descendants of victims of Nazi persecution can claim Austrian citizenship without renouncing their current citizenship(s) due to legal amendments to the Austrian Citizenship Act.
• Natural Disasters or Political Persecution: In rare cases, such as natural disasters or political persecution, exceptions may be granted to hold dual citizenship.

Legal Implications of Dual Citizenship

Holding dual citizenship with Austria can have the following legal implications:

• European Union: Austrian citizens are also citizens of the European Union (EU), granting them the right to live and work in any EU and European Economic Area (EEA) country without requiring additional permits.
• Diplomatic Protection: As a dual citizen, you are entitled to the protection of both Austria and your other country of citizenship. However, this can become complex if there are conflicts between the laws or policies of the two nations.
• Inheritance: Dual citizenship may complicate your legal situation regarding inheritance laws, as these may differ between countries.

Retention of Austrian Citizenship

If you already hold Austrian citizenship and wish to acquire another citizenship without losing your Austrian citizenship, you must apply for a permit of retention before acquiring the foreign citizenship. The assessment and approval of the permit fall under the responsibility of the competent office of the provincial government.

Application process

Austrian citizenship by descent is a principle that allows individuals to acquire Austrian citizenship based on the nationality of their parents. The process is governed by specific regulations, which include conditions such as the marital status of the parents at the time of the child's birth and whether paternity has been acknowledged by an Austrian father. Here is a detailed overview of the application process:

Eligibility Criteria:

Firstly, it is essential to understand the eligibility criteria, which can vary depending on the parents' marital status and the timing of the father's acknowledgment of paternity if the parents are not married.

Gathering Required Documents:

To initiate the process, you must compile the necessary documents, including an official birth certificate that proves your lineage. If your claim to citizenship is through your father, and your parents were not married, an acknowledgement of paternity within eight weeks of birth is required. For ancestral claims, include death certificates, marriage certificates, and evidence that the ancestor was persecuted if applicable.

Authenticating Documents with Apostille:

All foreign documents must be authenticated with an Apostille to be considered valid for the citizenship application. Obtain an Apostille from the appropriate authority in the country where each document was issued.

Filing the Citizenship Application:

Submit the application, along with all the required documents, to the Austrian consulate or embassy in your country of residence. Ensure the application is accurate to avoid delays. The Federal Ministry of Interior in Austria will review applications for citizenship by descent.

Provincial Government's Role:

Upon submission, your application will be forwarded to the provincial government of your last residence in Austria or your ancestors' last known address. They will verify documentation and your entitlement to citizenship by descent.

Citizenship by Award vs. Citizenship by Descent:

Understand the difference between citizenship by award (naturalization or honorary citizenship) and citizenship by descent. The latter is a simplified procedure applicable when you, your parents, or ancestors were Austrian citizens by birth.

Legal Representation:

Although not mandatory, legal representation can help navigate the complexities of Austrian citizenship law. A specialized attorney can advise on procedures and ensure all required documents are properly prepared and submitted.

Understanding Dual Citizenship:

Austria typically restricts dual citizenship, but there are exceptions. If you acquire Austrian citizenship by descent and are entitled to another citizenship at birth (usually when one parent is Austrian and the other confers nationality of another country), you do not need to renounce the other citizenship. Descendants of victims of Nazi persecution can also claim Austrian citizenship without renouncing their current citizenship(s).

Rights and Responsibilities:

As an Austrian citizen, you have specific rights and responsibilities. These include the right to live, work, and study in any EU member country without a visa, and the responsibility to adhere to Austrian laws and EU regulations. Male citizens aged 18-35 are subject to compulsory military or civilian service.

Benefits of Austrian Citizenship:

Austrian citizenship provides advantages such as freedom of movement within the EU, access to social services and benefits, and eligibility for education and employment in Austria.

Frequently asked questions