Dual Citizenship In Austria: What's The Deal?

Austria's stance on dual citizenship is complex. While the country generally does not recognise dual citizenship, there are exceptions. For instance, Austrian citizens who voluntarily acquire foreign citizenship automatically lose their Austrian citizenship unless they obtain prior permission to retain it. On the other hand, Austrian law allows children to hold dual citizenship if they acquire another citizenship at birth. Additionally, Austria has recently granted citizenship to descendants of those persecuted by the National Socialist regime, allowing them to hold dual citizenship.

Dual citizenship for children

Austrian citizenship law does not permit dual citizenship. However, there are some exceptions to this rule, and it is possible for children to hold dual citizenship in certain circumstances.

If a child is born to an Austrian parent, they automatically become an Austrian citizen. This applies when the mother is an Austrian citizen or, if the parents are married, when only the father is an Austrian citizen. If the parents are not married and only the father is Austrian, he must recognise his parenthood within eight weeks of the birth, or his paternity must be determined by a court within this timeframe. If this recognition or determination occurs after eight weeks, the child may still be awarded Austrian citizenship through a simplified procedure.

If the non-Austrian parent is from a country that also follows the jus sanguinis (blood right) principle, the child will have dual citizenship. In this case, Austrian law does not require the child to choose between Austrian citizenship and their other nationality when they become an adult, although the other country may require such a decision.

Another exception to the rule against dual citizenship is when a child is born in a country that follows the ius soli (territoriality) principle, such as the United States, and one of their parents is Austrian. In this case, the child will hold both Austrian citizenship and the citizenship of their country of birth. Again, Austrian law does not require these individuals to choose a single nationality when they reach the age of majority, but the other country may require them to make such a decision.

Dual citizenship for victims of Nazi persecution and their descendants

In recognition of its historical responsibility, Austria amended its Citizenship Act in October 2019 to allow victims of Nazi persecution and their direct descendants to apply for Austrian citizenship. This amendment came into force on 1 September 2020, with a further amendment expanding the acquisition of citizenship coming into force on 1 May 2022.

The Austrian Citizenship Law now states that eligibility for acquiring Austrian citizenship is extended to victims' descendants if their direct ancestors had fled Austria before 1955 (previously before May 1945). Dependents include sons, daughters, grandchildren, and great-grandchildren. The law applies to both Jews and non-Jews, and can include physically or mentally disabled individuals, Sinti and Roma peoples, and non-heterosexual individuals.

To apply for Austrian citizenship, victims of Nazi persecution and their descendants must complete a citizenship application and provide the following documentation:

• A detailed history of the Holocaust survivor’s identity (nationality, residence, military involvement, career) and their time in Austria
• A current valid passport
• The applicant’s birth certificate
• Proof of foreign citizenship and its acquisition
• Official foreign birth certificate and marriage certificate (where applicable) along with any proof of a change of name (in the case of marriage, divorce, adoption, etc.)
• Proof of emigration from Austria, including the date
• Proof of Austrian citizenship prior to emigration
• Official documents to prove the applicant’s connection to Austria

All government citizenship application fees are waived for victims of Nazi persecution and their descendants. Additionally, individuals are not required to revoke any existing citizenship, and passports are granted without the need to reside in Austria.

Austria's embassies and consulates are the primary contact for interested parties and provide advice, guidance, and support throughout the process.

Dual citizenship for naturalized Austrian citizens who can't renounce their original citizenship

Austrian citizenship law is based on the principle of avoiding multiple nationalities. The Austrian Nationality Act does not allow dual citizenship, and any Austrian who voluntarily acquires a foreign citizenship typically loses their Austrian citizenship.

However, there are some exceptions to this rule. One such exception is for naturalized Austrian citizens who are unable to renounce their original citizenship. In such cases, dual citizenship may be permitted, but it is subject to strict requirements and decisions are made on a case-by-case basis.

To retain Austrian citizenship, permission must be requested in writing before acquiring foreign citizenship and must be approved by a written decision. The main exceptions for retention of citizenship are outlined in Section 28 of the Austrian Nationality Act:

• If it is in the interest of the Republic of Austria due to services already rendered and still expected, or for a reason that is particularly worthy of consideration.
• If it is justified by particularly pertinent circumstances in the applicant's private and family life.
• In the case of minors, where it is in the best interests of the child to retain Austrian citizenship.

Another exception to the rule against dual citizenship is for individuals who acquire Austrian citizenship by descent. If a child acquires Austrian citizenship and automatically gains another citizenship at birth, they are allowed to hold dual citizenship. This typically occurs when one parent is Austrian and the other parent is a foreign national.

In addition, descendants of victims of Nazi persecution have been entitled to claim Austrian citizenship without renouncing their current citizenship since legal amendments to the Austrian Citizenship Act in 2020 and 2022. This exception acknowledges Austria's historical responsibility and provides a route for the restoration of rights to families impacted by past atrocities.

Overall, while Austria generally restricts dual citizenship, there are certain circumstances under which it may be permitted, particularly for naturalized citizens who are unable to renounce their original citizenship.

Dual citizenship for Austrian citizens who become professors at a foreign university

Austrian citizenship law is primarily based on the principle of avoiding multiple nationalities. In general, the Austrian Nationality Act does not allow dual citizenship. However, there are certain exceptional cases where dual citizenship is permitted.

Austrian citizens who become professors at a foreign university may be able to retain their Austrian citizenship and acquire the citizenship of the country where they are employed. To do so, they must apply for permission to retain their Austrian citizenship before acquiring the foreign citizenship. The application must be approved in writing by the relevant provincial government office, and the decision must be made before acquiring the foreign citizenship.

It is important to note that the decision to grant dual citizenship in these cases will depend on the individual's specific circumstances and the reasons stated in their application. The authorities have a wide range of discretion in assessing whether the requirements for dual citizenship have been met, so it is recommended to consult a specialized lawyer when applying.

In addition, Austrian citizens who acquire foreign citizenship may be able to retain their Austrian citizenship if it is in the interest of the Republic of Austria due to services rendered or expected to be rendered, or if there are pertinent circumstances in their private and family life that make retention justifiable.

Exceptions to the Rule

There are a few exceptions to the rule where dual citizenship may be accepted:

• Persons who obtain two citizenships at the time of their birth.
• Persons who seek permission to retain Austrian citizenship before obtaining a second citizenship.
• Victims of Nazi persecution and their descendants.

Dual citizenship for Austrian citizens who obtain permission to retain Austrian citizenship before acquiring a second citizenship

Austrian citizenship law is based on the principle of avoiding multiple nationalities. In general, the Austrian Nationality Act does not allow dual citizenship. However, Austrian citizens who obtain permission to retain their Austrian citizenship before acquiring a second citizenship can avoid losing their original citizenship.

To retain Austrian citizenship, individuals must apply for permission in writing before acquiring foreign citizenship and receive a written approval. The application must be submitted to the citizenship department of the relevant provincial government office or the competent professional representation authority, such as the embassy or consulate, depending on the applicant's place of residence.

The approval to retain Austrian citizenship is granted based on specific criteria. One reason for approval is if it is in the interest of the Republic of Austria due to services already rendered or expected to be rendered in the future. This includes extraordinary achievements or contributions in various fields, such as arts, sports, science, or business. Another reason for approval is if there are pertinent circumstances in the applicant's private and family life that justify retaining Austrian citizenship.

It is important to note that the retention of Austrian citizenship is not a discretionary act. If the specified requirements are met, there is a legal right for the individual to retain their Austrian citizenship. However, the authorities have a wide range of discretion in assessing whether the conditions for retention have been fulfilled, so it is crucial to pay close attention to the application's wording and the reasons provided.

In summary, while Austria generally does not permit dual citizenship, Austrian citizens can obtain permission to retain their citizenship before acquiring a second one. This process involves submitting a written application and receiving written approval from the relevant authorities. The decision to grant approval is based on specific criteria, and the retention of Austrian citizenship is a legal right if the requirements are met.

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