Where You're Born: Exploring Polish-Austrian Dual Citizenship

It is possible for someone to be born with citizenship in both Poland and Austria, depending on the citizenship of their parents. If a child is born to a Polish parent, they automatically become a Polish citizen at birth, regardless of their place of birth. Austrian citizenship is acquired similarly, with children acquiring citizenship at birth if their mother is an Austrian citizen or, if their parents are married, their father is an Austrian citizen. If the parents are not married and only the father is Austrian, the child acquires citizenship if the father recognises his parenthood within eight weeks or if his paternity is determined by a court.

Citizenship by descent

Poland

Poland allows descendants of Polish nationals, including Polish Jews, to apply for citizenship in certain cases. To be eligible, you must prove that your ancestor:

• Was born in Poland or one of the former Polish territories
• Resided in Poland after 1920 (with some exceptions)
• Maintained their Polish citizenship until after 1920 and at the time of your birth

To apply for Polish citizenship by descent, you must submit an application along with substantive original documentation supporting your ancestral claim. This can include the ancestor's marriage certificate, death certificate, or records. The process typically takes eight to ten months but can vary.

Austria

Austria allows victims of Nazi persecution and their direct descendants to become Austrian nationals. This includes individuals who were discriminated against by the Nazi party for political reasons, mental or physical handicaps, ethnic or minority origin, sexual orientation, or advocacy for the Republic of Austria. To be eligible, you must prove that your ancestor:

• Holds or held Austrian citizenship or citizenship of one of the successor states of the former Austro-Hungarian Monarchy (Hungary, Czechoslovakia, Romania, the Kingdom of Slovenes, Croats, and Serbs, and Poland) or was a stateless person residing in Austria
• Was forced to flee Austrian borders before May 1955 due to fear of persecution under Nazi rule or due to the after-effects of the war
• Had reason to fear or had suffered persecution by the National Socialist German Workers' Party (NSDAP) or authorities of the German Reich

The process of acquiring Austrian citizenship by descent usually takes between four and six months after acquiring and submitting all relevant documentation.

Citizenship by birth

Poland

Polish nationality law is based primarily on the principle of jus sanguinis, meaning that children born to at least one Polish parent acquire Polish citizenship, irrespective of the place of birth. In other words, Polish citizenship is conferred based on the citizenship of a Polish parent, without any explicit limitation on the number of generations born abroad. This means that individuals of Polish descent born abroad are considered Polish citizens, provided they can prove the required connections.

To confirm Polish citizenship, one must apply to the Citizenship Office in Warsaw. The application consists of documents, forms, archival records, and other information, all of which must be translated into Polish. After citizenship confirmation, new citizens must obtain Polish civil records certificates (birth and marriage certificates, if applicable) to apply for a Polish passport.

It is important to note that Polish citizenship can be lost in a variety of ways, and the laws surrounding this are complex. For example, between 1918 and 1951, the acquisition of another citizenship resulted in the loss of Polish citizenship. Additionally, Polish citizenship could be revoked through service in another country's military or acceptance of a "public office" in a foreign country.

Austria

Unlike Poland, simply being born in Austria does not confer Austrian citizenship. However, birth in Austria may lead to a reduction in the residence requirement for naturalisation as an Austrian citizen. Foundlings under the age of six months are legally presumed to have Austrian citizenship.

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, the child acquires Austrian citizenship if the father recognises his parenthood within eight weeks, or if his paternity is determined by a court. In cases where the parents have different nationalities, and the non-Austrian parent's country also foresees a jus sanguinis (like Austria), the child will have dual citizenship.

It is worth noting that Austrian law does not recognise dual citizenship. However, there are exceptions to this rule. For instance, children of Austrian citizens born in a foreign country who acquired citizenship according to the laws of that country may hold dual citizenship. Additionally, in exceptional cases, Austrian authorities may permit an Austrian citizen who obtains a new citizenship to retain their Austrian citizenship.

Citizenship by naturalization

In terms of citizenship by naturalization, both Poland and Austria have their own specific requirements that must be met. Here is an overview of the process and requirements for each country:

Austria:

Austria offers the possibility to obtain citizenship by investment, which is known as "citizenship by investment provisions". This option is available to those who are willing to make a substantial contribution to the country's economy. This typically involves a joint venture or direct investment in a business that creates jobs or generates new export sales. While there is no minimum investment amount, the investment must be significant and passive investments such as government bonds or real estate do not qualify.

In addition to the economic contribution, applicants must meet certain documentary requirements, including a valid passport, proof of contribution, health insurance, a clean criminal record, a comprehensive CV, business background information, and impeccable references. The Austrian Citizenship Act generally requires applicants to abandon their current citizenship, but there are exceptions under specific provisions of the Citizenship Act.

Poland:

Poland has a similar process for naturalization, which is applicable to individuals who are not current Polish citizens and wish to become one. The key criteria set by the Polish government for naturalization are as follows:

• The applicant must be over 18 years old and possess either a permanent residence permit, an EU long-term residence permit, or another right of permanent residence.
• The applicant must have lived in Poland for at least 3 years.
• The applicant must have a regular and stable source of income registered in Poland for tax purposes.
• The applicant must have the right to occupy a dwelling unit, meaning they are legally able to rent or own property for living purposes.

Alternatively, applicants can meet the following criteria:

• Live legally in Poland for 10 or more years.
• Have a residence permit and a stable source of income.

However, it is important to note that regardless of the path chosen, applicants must be able to speak Polish at a B1 level or higher. Applications for Polish citizenship by naturalization are submitted through the local Polish authorities of the applicant's Voivodeship.

Naturalization by marriage

Poland

According to Polish law, marriage to a Polish citizen does not automatically grant Polish citizenship. To obtain citizenship, a foreigner must meet several requirements:

• Remain married to a Polish citizen for a minimum of three years.
• Have resided legally and uninterruptedly in Poland for at least two years under a permanent residence permit.
• Document their knowledge of the Polish language.
• Initially obtain a temporary residence permit based on their marriage to a Polish citizen before applying for a permanent residence permit.

In addition to these marriage-specific requirements, applicants must also meet the general criteria for naturalization, including having a stable and regular source of income and the right to occupy a dwelling unit in Poland.

Austria

To obtain Austrian citizenship through marriage, the marriage must have lasted for a minimum of five years, and the couple must have lived together for five years. Additionally, the spouse applying for citizenship must have lived in Austria permanently for at least six years.

General requirements for naturalization in Austria include:

• 10 years of legal and continuous residence in Austria, with a minimum of five years holding a residence permit.
• No criminal record or pending criminal proceedings in Austria or abroad.
• Sufficiently secured maintenance and proof of regular earnings over a period of 36 months within the last six years before the application.
• German language skills and basic knowledge of the democratic system, history, and fundamental principles of Austria.
• A positive attitude towards the Republic of Austria and no close relationship to extremist or terrorist groups.

Naturalization by residence

Austria is one of the few countries in Western Europe that offers citizenship by investment without prior residence requirements. However, it is important to note that the process of obtaining Austrian citizenship by investment involves a thorough background check and government approval at several levels. While there is no minimum investment amount, applicants are required to make a substantial contribution to the Austrian economy, such as through joint ventures or direct investments in businesses that create jobs or generate new export sales.

The general requirements for naturalization in Austria include:

• 10 years of legal and continuous residence in the country, with a minimum of 5 years holding a residence permit.
• No criminal record or pending criminal actions, neither in Austria nor abroad.
• Sufficiently secured maintenance with proof of fixed and regular earnings over a period of 36 months within the last 6 years before the application.
• German language skills and basic knowledge of the democratic system, history, and fundamental principles of Austria and its provinces.
• Positive attitude towards the Republic of Austria and no close relationship with any extremist or terrorist group.
• No current prohibition of residence or enforceable return decision from another EEA country or Switzerland.

To become a Polish citizen, a foreigner must meet at least one of the following conditions:

• Have resided legally in Poland for a continuous period of at least 3 years based on a permanent residence permit, an EU long-term residence permit, or the right of permanent residence.
• Have a stable and regular source of income in Poland.
• Have the right to occupy a dwelling unit in Poland.
• Have been married to a Polish citizen for at least 3 years.
• Have resided legally in Poland for a continuous period of at least 2 years based on a residence permit as a refugee.
• Have at least one parent with Polish citizenship, with the other parent's consent to the child being granted Polish citizenship.
• Have resided legally in Poland for a continuous period of at least 10 years with a permanent residence permit, an EU long-term residence permit, or the right of permanent residence, along with a stable income and the right to occupy a dwelling unit.

It is important to note that in addition to meeting the above conditions, applicants for Polish citizenship must also have a Polish language qualification at the B1 level and undergo a thorough background check to ensure that granting citizenship does not pose a threat to national defence, public security, or internal security.

Frequently asked questions