Austria's Dual Citizenship Policy: What's Allowed?

Austria generally does not allow dual citizenship, and any Austrian who acquires a foreign citizenship loses their Austrian citizenship unless they have applied for permission to retain it. However, there are some exceptions to this rule, such as for children born with dual citizenship or those who obtain Austrian citizenship by descent. There is also a push for reform to allow Austrians to hold dual citizenship.

Dual citizenship for children

Austrian citizenship law does not allow dual or multiple citizenships, except in certain special cases. One of these exceptions is for children who acquire dual citizenship by descent.

If a child is born to parents of different nationalities, and the country of citizenship of the non-Austrian parent also foresees a jus sanguinis (like Austria), the child will have dual citizenship. In this case, Austrian law does not require the child to decide between Austrian and the other nationality upon becoming an adult – however, the other state might require such a decision.

If a child is born in a state where the territoriality principle (ius soli) applies, and one of the parents is Austrian, the child will also have dual citizenship. Again, Austrian law does not require the child to decide on their (sole) nationality upon reaching the age of majority, but the other state may require this.

In order to retain Austrian citizenship when acquiring another citizenship, it is necessary to apply for a permit of retention in writing before acquiring the foreign citizenship, and this application must be approved by means of a written decision. In the case of minors, permission to retain Austrian citizenship is granted if it is in the best interests of the child.

Retention of Austrian citizenship

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

Any Austrian citizen who voluntarily acquires a foreign citizenship loses their Austrian citizenship. To retain Austrian citizenship, one must apply for a permit of retention in writing before acquiring foreign citizenship and receive a written approval. The assessment of the application falls within the exclusive responsibility of the competent office of the provincial government, which applies a strict standard of assessment with regard to the prerequisites for retention. Applications can also be submitted at the competent diplomatic representation (embassy or professional consulate general) according to the place of residence.

Permission to Retain Austrian Citizenship

Permission to retain Austrian citizenship is granted if:

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

Acquisition of Austrian Citizenship by Foreigners

When acquiring Austrian citizenship, one must generally give up previous foreign citizenship. If the law of the previous country of citizenship does not provide for the automatic withdrawal of that country's citizenship upon becoming an Austrian citizen, the applicant will be assured of their right to claim Austrian citizenship. Once this assurance is given, the person must renounce their previous citizenship within two years to obtain Austrian citizenship.

Austria will waive the requirement to renounce previous citizenship if it is in the special interest of the Republic of Austria to do so based on the foreign national's extraordinary achievements or those they may be expected to achieve in the future.

Acquisition of Austrian citizenship

Austrian citizenship law does not permit dual or multiple citizenships. However, Austrian citizenship can be acquired through descent or award.

Acquisition through Descent

If a child is born to an Austrian mother, they obtain Austrian citizenship at birth. The same applies if the parents are married and only the father is an Austrian citizen. If the parents are not married and the father is Austrian, the father must acknowledge paternity or have it established by a court within eight weeks of the birth. Paternity can also be acknowledged before the birth.

If the parents are not married at the time of birth but marry when the child is a minor, the father must have Austrian citizenship 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 within three years of the marriage.

If a child acquires Austrian citizenship at birth and automatically gains another citizenship, for example, through the other parent or by birth in a state where the territoriality principle applies, Austrian citizenship will not be lost. In this case, the child has dual citizenship.

Acquisition through Award

Austrian citizenship can be awarded if it is in the special interest of the Republic of Austria due to past or future extraordinary achievements. In this case, the mandatory requirements of residence and settlement in Austria, secure means of support, and renouncing current foreign citizenship are waived.

Former Austrians can acquire citizenship by award if their citizenship was not revoked and they held it for at least ten years without interruption while staying in Austria. They must apply within five years after the dissolution of the marriage.

Putative Austrians can receive citizenship by declaration if they submit a written declaration to the citizenship authority that they have been wrongly treated as a citizen by an Austrian authority for at least 15 years, and this was not due to deception on their part.

Presumed Austrians by descent can receive citizenship by declaration if they declare in writing to the citizenship authority that they have been citizens by virtue of descent or legitimation, but a subsequent determination of paternity showed that citizenship was not acquired by descent or legitimation.

Persecuted persons and their direct descendants can receive Austrian citizenship if they fulfil all legal requirements and submit a corresponding declaration to the authorities in writing.

Dual citizenship exceptions

Austrian citizenship law does not allow dual citizenship. However, there are some exceptions to this rule.

Children of Austrian Descent

An important exception to the rule against dual citizenship is the acquisition of Austrian citizenship by descent. If a child acquires Austrian citizenship and another citizenship at birth, they will not lose their Austrian citizenship. This typically applies when one parent is Austrian and the child gains the citizenship of the other parent's country. In this case, the child does not have to decide between their nationalities upon reaching adulthood.

Naturalized Austrian Citizens Unable to Renounce Existing Nationality

Naturalized Austrian citizens who cannot renounce their existing nationality are permitted to hold dual citizenship.

Austrian Citizenship on the Basis of a University Professorship

Individuals who acquire Austrian citizenship by becoming a professor at an Austrian university may hold dual citizenship. This exception also applies to spouses and minor unmarried children.

Victims of Nazi Persecution and their Descendants

Victims of Nazi persecution and their descendants can be granted Austrian citizenship while retaining any other citizenship they have since acquired.

Foreign Nationals with Extraordinary Merit

Under Article 10(6) of the Austrian Citizenship Act, the Austrian government may grant citizenship to foreign nationals on a case-by-case basis if they have demonstrated extraordinary merit. This typically applies to high-net-worth individuals who have made significant investments in the country or donations to relevant public projects. However, this exception does not guarantee citizenship, and the grant is at the sole discretion of the government.

Reforming citizenship law

Austrian citizenship law does not allow dual or multiple citizenships. This principle is only waived in certain special cases. The current legislation has forced many Austrians to give up their citizenship to gain a second one. Austrians are pushing for a reform of citizenship law to enable dual citizenship.

Special cases

Austrian citizenship law makes exceptions for children and victims of Nazi persecution and their descendants. Children can hold dual citizenship if they acquire Austrian citizenship by descent. If the child acquires another citizenship in addition to Austrian citizenship at birth, there is no loss of Austrian citizenship. Under Austrian law, the child does not have to decide on their sole nationality, even upon reaching adulthood. However, the other state involved may require them to make such a decision.

Austrian citizenship may also be retained by victims of Nazi persecution and their descendants. Beginning in 2020, Austrian Jews and any other Austrian citizens who left Austria before 1955 due to persecution by the Nazi regime or fear of such persecution were able to have their citizenship restored, retaining any other citizenship they had acquired since. Additionally, any direct descendants of those individuals are able to claim Austrian citizenship without giving up their existing citizenship.

Reform initiatives

Initiatives such as doppelstaatsbuerger.at and beibehalte.at campaigns are calling for clear and practical criteria that would enable Austrians living abroad to maintain their Austrian citizenship while gaining a new one. The campaigns advocate for more transparent guidelines and concrete criteria for fair assessment, suggesting that family ties and professional advantages should not be the main criteria for Austrians to obtain dual citizenship.

A draft law has been presented, and if the initiative receives 500 signatures from Austrian citizens above the age of 16, it will be discussed in parliament. The parliamentary initiative has received support from the World Association of Austrians Abroad.

Frequently asked questions