Exploring Austrian Identity With German Heritage

Austrian citizenship law does not allow dual citizenship, except in certain special cases. If you are a German citizen and want to become an Austrian citizen, you will need to give up your German citizenship. However, if you are a German citizen with Austrian parents or were born in Austria to a German parent, you may be eligible for dual citizenship. Similarly, if you are an Austrian citizen and want to become a German citizen, you will generally need to give up your Austrian citizenship unless you fall under specific exemptions.

Austrian citizenship by descent

Austrian citizenship can be acquired by descent, award, or extension of an award.

Acquisition by Descent:

If you are a direct descendant of victims of the Nazi regime, you may be eligible to apply for Austrian citizenship. This includes all direct descendants (as well as those adopted as minors) of a formerly persecuted ancestor. The ancestor in question must meet one of the following criteria:

• They were a citizen of one of the successor states of the former Austro–Hungarian monarchy (e.g. Czechoslovakia, Hungary, Poland, Romania, and the Kingdom of Serbs, Croats, and Slovenes)
• They lost Austrian citizenship when they acquired a foreign citizenship through marriage around the time of their departure from Austria
• They primarily resided in Austria before 15 May 1955 and left the country because they suffered or feared persecution by the Nazi regime, including persecution for their support of the democratic Republic of Austria
• They were an Austrian citizen but did not primarily reside in Austria between 30 January 1933 and 9 May 1945 for fear of persecution by the Nazi regime or because of their support for the Republic of Austria
• They were an Austrian citizen who was either deported from Austria by the Nazi regime before 9 May 1945 or killed by the regime (including as a result of being denied medical care, food, or due to injuries from torture)

Documents Required:

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

Other Requirements:

• You must file an Anzeige (declaration) along with the required documents
• You must submit your application at a local Austrian embassy or consulate general, or the relevant authority in Vienna, Austria
• You must carefully read and meet all the requirements before submitting your application

Acquisition by Award:

In this case, the general requirements for naturalization must be fulfilled, and an application must be filed. The general requirements include:

• 10 years of legal and continuous residence in Austria, with a minimum of 5 years with a residence permit
• No criminal record or pending criminal action in Austria or abroad
• Sufficiently secured maintenance and proof of regular earnings over a period of 36 months within the last 6 years before the time of application
• 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

Acquisition by Extension of the Award:

This refers to cases where Austrian citizenship is acquired through the citizenship of one's parents. Children automatically become Austrian citizens at birth if the mother is an Austrian citizen. If the parents are married and only the father is an Austrian citizen, the child also acquires citizenship at birth. If the parents are not married and only the father is an Austrian citizen, the child acquires citizenship if the father recognizes his parenthood within 8 weeks, or if his fatherhood is determined by court.

German Blood Certificates

The German Blood Certificate (in German, Deutschblütigkeitserklärung) was a document provided by Nazi leader Adolf Hitler to those with partial Jewish heritage (known as Mischlinge). It declared them to be of German blood (deutschblütig) and allowed them an exemption from most of Germany's racial laws.

The Nuremberg Laws of 1935, also known as the Anti-Jewish laws, were statutes created in Germany to maintain the supposed purity of the Aryan race. The laws stated that only people of ""German or kindred blood" could be citizens of Germany, and that marriages between Jews and non-Jewish Germans were forbidden. These laws provided the legal framework for the systematic persecution of Jews in Germany and paved the way for the Holocaust.

To obtain a German Blood Certificate, candidates had to prove through baptismal records that all direct ancestors born since 1750 were not Jewish. The certificates were 300 mm by 210 mm, with a signature and the red seal of the Office of Racial Research of the Nazi Party on the front. The back of the certificate listed the ancestry of the individual, going back to the grandparents of the father and mother.

The official Nazi certification of pure "Aryan" German blood, or Abstammungsnachweis, was required for any citizen who wished to exercise their civil rights or join the Nazi Party. An example of this is the certificate belonging to Franz Gerstorfer, which certifies that he is of pure Aryan German blood and is not of Jewish or mixed Jewish (Mischling) ancestry.

Citizenship by award

Austrian citizenship can be acquired by award, which is granted to applicants who have fulfilled the general requirements for naturalization and have filed an application. The general requirements for naturalization in Austria 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, both in Austria and abroad
• No severe administrative offences
• Proof of sufficient and regular income over a period of 36 months within the last 6 years before the time of application
• 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

In addition to the above, further requirements for the award of Austrian citizenship depend on either the acquisition due to legal claim or the authority's discretion.

It is worth noting that Austrian citizenship through award does not require proof of a certain period of residence or a secure livelihood, and there is no need to give up previous citizenship. However, it is necessary for the applicant to have rendered or be expected to render exceptional performance in the interest of the Republic of Austria. This includes achievements in scientific, economic, sporting, or artistic fields. The Federal Ministry of the Interior assesses exceptional performance based on specific criteria and makes a decision in consultation with the Federal Government.

Naturalization requirements

To become an Austrian citizen, you must fulfil the general naturalization requirements and have lived in Austria for a certain period. Here is a list of the requirements:

• Irreproachable integrity
• No criminal convictions
• No pending criminal proceedings (domestic or foreign)
• No frequent and/or serious administrative offences of particular gravity
• Sufficient resources to support yourself
• Proof of stable and regular resources from employment, income, statutory maintenance claims, or insurance benefits for an average of 36 months during the last 6 years prior to the date of application. The last 6 months must be immediately prior to the date of application.
• Knowledge of German (proof of knowledge of German)
• Basic knowledge of the democratic system and the fundamental principles derived from it, as well as the history of Austria and the province concerned (citizenship test)
• Positive attitude towards the Republic of Austria and guarantee that the person does not pose a threat to public peace, order and security
• No existing ban on residence and no pending removal procedure
• No return decision by another EU/EEA State or Switzerland
• No expulsion within the last 18 months
• No close relationship with an extremist or terrorist group
• In principle, the person has left their previous nationality
• The granting of citizenship must not significantly affect the international relations of the Republic of Austria or harm the interests of the Republic of Austria

In addition, there are other ways to obtain Austrian citizenship, such as by descent, award, extension of the award, or marriage. For example, children born in wedlock obtain Austrian citizenship by birth if one of the parents is Austrian. An 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.

Dual citizenship

Austrian citizenship law does not permit dual or multiple citizenships. However, there are some exceptions to this rule.

If you are a child who has Austrian citizenship at birth and gain another citizenship through your other parent ("ius sanguinis"), or by the country-of-birth principle ("ius soli"), you will have dual citizenship. Austrian law does not require you to choose one citizenship over the other, even when you reach adulthood. However, the other country may require you to make such a decision.

Another exception is if you are a descendant of victims of Nazi persecution. In this case, you can apply for a retention permit, although this can be challenging if you have limited ties to Austria.

If you are not eligible for any of the exceptions, you can still obtain dual citizenship by first acquiring Austrian citizenship and then applying for another citizenship. However, this must be done in the correct order, as acquiring Austrian citizenship after becoming a citizen of another country will result in the automatic loss of your Austrian citizenship.

Frequently asked questions