Austrian Citizenship For Babies: What Are The Requirements?

Austrian citizenship is based on the principle of descent, meaning that a child's citizenship is determined by their parents' citizenship rather than their place of birth. If a baby is born to married parents, with at least one Austrian citizen, they will be granted Austrian citizenship. For unmarried parents, citizenship is granted through the Austrian mother, or if the Austrian father legally acknowledges paternity within eight weeks of the child's birth. In the case of foreign parents giving birth in Austria, citizenship by descent is not automatically granted, and alternative pathways such as naturalization will need to be explored as the child grows up.

Citizenship if born to married Austrian parents

Austrian citizenship is based on the principle of descent, i.e., descent from an Austrian parent. The question of whether someone has acquired Austrian citizenship at birth is assessed according to the citizenship law applicable at the time of birth.

If a child is born to married Austrian parents, they will automatically become an Austrian citizen at the time of their birth. If only one parent is an Austrian citizen, the child will still be granted citizenship. In cases where both parents are Austrian nationals, the child automatically acquires Austrian nationality at birth.

If the parents are married and only the father is a citizen of Austria, the child will be granted citizenship. This also applies if the parents are not married, but the father of the child is an Austrian citizen and legally acknowledges paternity within eight weeks of the child's birth.

If the child is born before September 1, 1983, the father must be an Austrian citizen. If the child is born on or after September 1, 1983, either parent can be an Austrian citizen for the child to acquire citizenship.

If the parents were not married at the time of birth, but marry when the child is still a minor, the father must have Austrian citizenship at the time of the marriage. This is called the acquisition of Austrian citizenship by legitimation. If the child is already 14 years old at the time of the marriage, the child and the person with custody must consent to the acquisition within three years of the marriage.

Citizenship if born to unmarried Austrian mother

Austrian citizenship is based on the principle of descent, i.e. having an Austrian parent. The requirements for citizenship depend on the marital status of the parents and the birth date of the child.

If the parents are married at the time of birth and the child was born on or after 1 September 1983, at least one parent must be an Austrian citizen. If the parents are married and the child was born before 1 September 1983, the father must be an Austrian citizen.

If the parents are unmarried at the time of birth, the mother must be an Austrian citizen. If the mother is not an Austrian citizen at the time of birth and the child was born on or after 1 August 2013, the father must be an Austrian citizen and must have acknowledged paternity before the birth or within eight weeks of the birth. Alternatively, paternity must be established by a court within eight weeks of the birth. In cases where paternity is acknowledged later than eight weeks after birth or is established by a court at a later date, the child can acquire Austrian citizenship by conferral under simplified conditions.

If the parents are unmarried at the time of birth but marry before the child turns 18, the father must be an Austrian citizen at the time of the marriage. This is called acquisition of Austrian citizenship by legitimation. If the child is already 14 years old at the time of the marriage, the child and the persons with custody must consent to the acquisition of citizenship within three years of the marriage.

Citizenship if born to unmarried Austrian father

Austrian citizenship is based on the principle of descent, i.e., having an Austrian parent. If the parents are married and the father is Austrian, the child automatically acquires Austrian citizenship at birth. However, if the parents are not married, the situation is more complex.

If the parents are unmarried, the child will only be an Austrian citizen by birth if the mother is Austrian. If only the father is Austrian and the mother is a foreign national, the father must recognise paternity for the child to acquire Austrian citizenship. This recognition of paternity must be done within eight weeks of the child's birth. If the father acknowledges paternity within this timeframe, the child will be granted Austrian citizenship. If the father misses this deadline, the child may still be awarded Austrian citizenship through a simplified procedure.

In cases where the parents marry when the child is still a minor and the father is Austrian, the child acquires Austrian citizenship by legitimation. If the child is already 14 years old at the time of the marriage, the child and the custodial parent must consent to the acquisition of Austrian citizenship within three years of the marriage.

It is important to note that Austrian citizenship law does not typically allow dual citizenship. However, there are exceptions to this rule. If the child acquires another citizenship at birth, such as through descent from the non-Austrian parent or by birth in a country that follows the territoriality principle (ius soli), the child will have dual citizenship. In such cases, Austrian law does not require the child to choose one citizenship over the other when they reach the age of majority. However, the other country may require such a decision.

Dual citizenship

Austria's nationality law is based on the principle of ius sanguinis, meaning that Austrian citizenship is generally passed down by descent from an Austrian parent. However, there are some exceptions to this rule, and it is possible for individuals to acquire Austrian citizenship through naturalisation, entitlement, or a Citizenship by Investment programme.

Acquisition of Austrian Citizenship at Birth

If a child is born to married parents, and at least one parent holds Austrian citizenship, then the child automatically acquires Austrian citizenship at birth. If the parents are not married, the child will only acquire Austrian citizenship if the mother is an Austrian citizen. If the parents are not married, and the mother is not an Austrian citizen, the child will acquire Austrian citizenship if the father recognises his parenthood within eight weeks of the birth, or if paternity is established by a court within eight weeks of the birth. In cases where paternity is acknowledged later than eight weeks after birth, or paternity is established by a court, the child may still acquire Austrian citizenship through a simplified procedure.

Austria's nationality law generally seeks to avoid multiple nationalities. Therefore, Austrian citizens who voluntarily acquire foreign citizenship will automatically lose their Austrian citizenship unless they obtain prior permission to retain it. The only exceptions to this rule are:

• Individuals who obtain two citizenships at birth.
• Retention of the second citizenship is in the interest of the Republic of Austria due to extraordinary service.
• Personal reasons that are worth considering, such as when an individual is unable to renounce their original citizenship.

Naturalisation

It is possible to acquire Austrian citizenship through naturalisation after 10 years of continuous residence in Austria. However, there are several requirements that must be met, including:

• No criminal record or pending criminal action in Austria or abroad.
• Sufficiently secured maintenance and regular earnings.
• Proficiency in the German language and basic knowledge of the democratic system, the fundamental principles, and the history of Austria and its provinces.
• A positive attitude towards the Republic of Austria and no close relationship to any extremist or terrorist group.

Simplified citizenship procedure

Austrian citizenship is based on the principle of descent, i.e., babies are considered citizens of Austria if they are born to an Austrian mother or if their parents are married and the father is Austrian. If the parents are not married, the father is Austrian, and the mother is a foreign national, the child will be granted Austrian citizenship if the father recognises his paternity within eight weeks of the child's birth or if paternity is established by a court within eight weeks of the birth.

In cases where paternity is acknowledged later than eight weeks after birth or is established by a court after the eight-week period, children may still acquire Austrian citizenship but through a simplified procedure. This procedure is also applicable when the parents marry after the child is born but while the child is still a minor. If the child is already 14 years old at the time of the marriage, the child and the persons with custody must consent to the acquisition within three years of the marriage.

If the child automatically acquires another citizenship at birth, in addition to Austrian citizenship, the child will have dual citizenship. Under Austrian law, the child does not have to choose one nationality when they reach adulthood, but the other state may require such a decision.

Frequently asked questions