Austria's Citizenship Law: Multiple Loyalties Allowed?

Austrian citizenship law is based on the principle of ius sanguinis, which means that citizenship is generally acquired by descent. While the country is a member of the European Union, and all Austrian citizens are therefore EU citizens, Austria has some of the strictest naturalisation rules in Europe. The Austrian Citizenship Act does not allow dual citizenship, and those who acquire another citizenship automatically forfeit their Austrian citizenship unless they have obtained prior permission to retain it. The only exceptions to this rule are those who are born with two citizenships, and, more recently, the descendants of those persecuted by the National Socialist regime in Austria.

Dual citizenship by birthright

Austrian citizenship law does not generally permit dual or multiple citizenships. Anyone who voluntarily acquires a foreign citizenship automatically loses Austrian citizenship. However, there are some exceptions to this rule.

If, in addition to Austrian citizenship, another citizenship is acquired at the time of birth, Austrian citizenship is not lost. This could be through descent from the other parent ("ius sanguinis") or by the country-of-birth principle ("ius soli"). According to Austrian law, these dual citizens never have to choose one citizenship over the other, even when they reach the age of majority.

Other Exceptions

• Naturalised Austrian citizens who are unable to renounce their existing nationality
• Those who acquire Austrian citizenship by being appointed a professor at an Austrian university
• Natural-born Austrian citizens who naturalise or are born in a jus soli country (e.g. USA, Canada, or Mexico)
• Natural-born citizens of a jus soli country who don't need to renounce their previous citizenship
• Austrians naturalising in German-speaking countries such as Germany, Liechtenstein, Belgium, and Switzerland are sometimes exempt from having to renounce their Austrian citizenship
• Victims of Nazi persecution and their descendants

Retention of citizenship in Austria's interest

Austria has some of the strictest naturalisation rules in Europe. The Austrian Citizenship Act does not allow dual citizenship. An Austrian citizen who acquires another citizenship by voluntary action automatically loses Austrian citizenship. However, there are some exceptions to this rule.

Firstly, if the retention of original citizenship is in the interest of the Republic of Austria, then dual citizenship may be permitted. This is usually due to a person's achievements or status. For example, actor and politician Arnold Schwarzenegger was granted the right to retain his Austrian citizenship when he became a US citizen in 1983.

Secondly, if a person has personal reasons for holding dual citizenship, then this may also be permitted. The law does not provide specific examples, but an exception would depend on individual circumstances. For instance, if a person is unable to renounce their original citizenship, then they may be allowed to hold dual citizenship.

Thirdly, if a person is a dual citizen by birth – meaning one parent is Austrian and the other isn't – they are allowed to keep both citizenships.

Finally, another important exception concerns victims of the National Socialist (Nazi) regime and their descendants. In September 2020, the Austrian government introduced an amendment to the Austrian Citizenship Act, which allowed victims and their descendants to apply for dual citizenship.

Personal reasons for retaining Austrian citizenship

Austrian citizenship law does not permit dual or multiple citizenship. If an Austrian citizen voluntarily acquires a foreign citizenship, they automatically lose Austrian citizenship. However, there are some personal reasons why one might want to retain Austrian citizenship. Here are some possible reasons:

• Family and Individual Hardship: Austrians living abroad who cannot acquire citizenship in their country of residence may face challenges in terms of family life and individual rights. For example, they may be unable to live in their country of residence for extended periods without a visa or participate in important elections.
• Equal Treatment: Vague retention criteria for Austrian citizenship can lead to unequal treatment, with some individuals being granted citizenship while others in similar situations are denied.
• Personal Connections: Individuals born and raised in Austria who have strong personal connections to the country may want to retain their Austrian citizenship out of a sense of patriotism, cultural identity, or emotional attachment.
• Career Opportunities: Austrian citizens who work in certain fields, such as academia or government, may need to retain their Austrian citizenship to maintain their professional qualifications or continue working in their chosen careers.
• Travel and Residence Rights: Austrian citizenship grants individuals the right to live and work in any European Union (EU) or European Economic Area (EEA) country, providing greater flexibility and opportunities for travel, residence, and employment.
• Social Benefits: Austrian citizens are entitled to social support and benefits, which may be particularly important for individuals facing financial difficulties or those who need access to specific social services.

Permission to retain Austrian citizenship

Austrian citizenship law does not allow dual or multiple citizenships. However, this principle is waived in certain special cases.

For example, if an Austrian citizen wanted to obtain US citizenship because they live in the US and would lose their green card without US citizenship, permission to retain Austrian citizenship is usually granted and has become almost a formality.

Another exception is for children born to parents with different nationalities, including those with a foreign nationality, who are allowed to retain dual citizenship under Austrian law. Austrian law also does not require these children to choose a single nationality when they reach adulthood, although the other state involved may require this.

To retain Austrian citizenship, one must apply for permission in writing before acquiring foreign citizenship and receive approval in writing. Applications must be submitted to the citizenship department of the relevant provincial government office or, if the applicant resides abroad, to the competent professional representation authority (embassy or consulate general).

Exceptions for victims of the National Socialist regime

In recognition of its historical responsibility towards victims of the National Socialist regime and their descendants, Austria amended its Citizenship Act in 2020. This amendment came into force on 1 September 2020 and was further expanded in May 2022. The amendment allows victims of the Nazi regime and their descendants to apply for Austrian citizenship. This includes both Jews and non-Jews, and individuals who were physically or mentally disabled, Sinti and Roma peoples, and non-heterosexual individuals.

Descendants of victims can include anyone from a son or daughter to a great-granddaughter or great-grandson. The law applies to anyone who suffered due to the Nazi Persecution in Austria, including those who were killed by the regime, either directly or through denial of medical care, food, or injuries from torture.

To be eligible, victims and their descendants must have:

• Fled Austria before 15 May 1955 (previously before May 1945)
• Been citizens of the former Austro-Hungarian Monarchy or stateless
• Resided in Austria before 15 May 1955

The application process requires a completed citizenship application form, signed and including a detailed history of the Holocaust survivor's identity, residence, military involvement, and career, as well as their time in Austria. In addition, applicants must provide a current valid passport, birth certificate, proof of foreign citizenship and its acquisition, and official foreign birth and marriage certificates, along with any name change documents.

The Austrian government has waived all government citizenship application fees for this program and does not require individuals to revoke any existing citizenship, which is typically restricted by Austrian law.

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