Austria's Birthright Citizenship: What's The Law?

Austria follows the rule of jus sanguinis, or the right of blood, which means that children born to Austrian parents are automatically granted citizenship, regardless of the place of birth. In the case of unmarried parents, if the father is Austrian and the mother is a foreign national, the child acquires citizenship if the father recognises his parenthood within eight weeks or if paternity is determined by a court. If the mother is Austrian and the father is a foreign national, the child automatically acquires Austrian citizenship. Austrian citizenship can also be acquired through naturalisation, marriage, or by rendering special services to the Republic of Austria.

Austrian citizenship by descent

Children of Austrian Citizens

Children can 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. In cases where the parents are not married, and the father is an Austrian citizen, the father must recognise his parenthood within eight weeks, or his paternity must be determined by a court. After this timeframe, children may still be awarded Austrian citizenship through a simplified procedure. If the non-Austrian parent is from a country that also has jus sanguinis (like Austria), the child will have dual citizenship. Austrian law does not require the child to choose between Austrian and the other nationality upon becoming an adult, but the other state may require such a decision.

Victims of the Nazi Regime and their Descendants

In recognition of its historical responsibility, the Austrian government allows victims of the Nazi regime and their descendants to apply for citizenship. This includes all direct descendants (as well as those adopted as minors) of a formerly persecuted ancestor. Descendants of victims of the National Socialist regime can acquire Austrian citizenship by means of a declaration ("Anzeige"), without having to give up their current citizenship or nationality. Applicants must file this declaration along with mandatory apostilled supporting documents.

The required documents for descendants of a Nazi victim include:

• A current passport photograph (not older than six months), complying with Austrian criteria
• Marriage and divorce certificates, if applicable, in case the original surname was changed
• Certificate of name change, if applicable
• Criminal record from the country of residence, not older than eight months (for US residents, this must be issued by the FBI)

Documents required for the persecuted ancestor:

• Birth certificate (if available)
• Marriage certificate (if available)
• Evidence of persecution (if available). The birth certificate is usually sufficient evidence for Jewish persons
• Evidence that the persecuted ancestor resided in Austria (if they were a citizen of a successor state of the former Austro-Hungarian monarchy)
• Evidence of flight, such as passenger lists
• Evidence of deportation by the Nazi regime, if applicable
• Death certificate or other evidence if the ancestor was killed by the regime

The process for acquiring Austrian citizenship through descent usually takes four to six months.

Austrian citizenship by birth

Austrian citizenship can be acquired by descent, award, or extension of the award. Here is what you need to know about Austrian citizenship by birth:

Acquisition by Descent

Children born in wedlock obtain Austrian citizenship by birth if one of the parents is an Austrian citizen at the time of the child's birth. If the parents are married and only the father is an Austrian citizen, the child will be an Austrian citizen. If the parents are unmarried, the child will be an Austrian citizen by birth only if the mother is Austrian. If the parents are not married and only the father is an Austrian citizen, the child will acquire Austrian citizenship if, within 8 weeks, the father recognises his parenthood or if his paternity is determined by a court. In cases where the recognition of fatherhood or the determination by court is done after this timeframe, children may be awarded Austrian citizenship through a simplified procedure.

Dual Citizenship

If the parents are 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. According to Austrian law, the child does not have to choose between Austrian and the other nationality upon becoming an adult – but the other state might require such a decision.

Registration of Birth Abroad

If a child entitled to Austrian nationality is born outside of Austria, they must first be registered with the local Office of Vital Statistics. Once the local birth certificate has been issued, it can be submitted to the Austrian Embassy for the child's data to be entered into the Austrian Civil Status Registry and Citizenship Registry. Once this process is completed, it is possible to submit applications for the child's citizenship certificate and/or travel documents.

Austrian citizenship by naturalisation

Austrian citizenship can be acquired by descent, award, extension of the award, or naturalisation. Here is a detailed overview of Austrian citizenship by naturalisation:

General Requirements for Naturalisation

To be eligible for Austrian citizenship by naturalisation, applicants must fulfil the following general requirements:

• 10 years of legal and continuous residence in Austria, including a minimum of 5 years with a residence permit.
• No criminal record or pending criminal action in Austria or abroad.
• No severe administrative offences with a special degree of unlawfulness.
• Sufficiently secured maintenance and regular earnings for at least 36 months within the last 6 years before the application.
• Proficiency in the German language and basic knowledge of Austria's democratic system, fundamental principles, and history.
• Positive attitude towards the Republic of Austria and no close relationship with any extremist or terrorist group.
• No pending proceedings regarding the termination of residence or current prohibition of residence.
• No return decision from another EEA country or Switzerland.
• No eviction order within the last 12 months and no entry prohibition.
• Renunciation of foreign citizenship, unless exempted.

Exemptions to the Residence Requirement

The 10-year residence requirement may be reduced or waived for the following cases:

• Recognised refugees (10 years).
• Citizens of other European Economic Area (EEA) nations (6 years).
• Persons born in Austria.
• Former citizens of Austria.
• Persons with proficient German language skills (level B2) or substantial personal integration (after 6 years of uninterrupted residence).

Entitlement to Austrian Citizenship

Some individuals may be entitled to a simplified process for acquiring Austrian citizenship:

• Minor children of a person granted Austrian citizenship.
• Spouses of Austrian citizens, subject to a minimum marriage duration of 5 years and residence requirements.
• Long-term residents in Austria (30 years or 15+ years with sustained personal and occupational integration).
• Former Austrian citizens who lost citizenship involuntarily.
• Stateless persons born in Austria, subject to residence requirements.

Application Process

The application for Austrian citizenship by naturalisation can be filed using the official form "Verleihung bzw. Erstreckung der Verleihung der österreichischen Staatsbürgerschaft" or without an official form. The required documents may vary depending on individual circumstances, and foreign-language documents must be translated and certified by a sworn translator in Austria. The responsible authority for processing the applications is the office of the provincial government.

Austrian citizenship for victims of the National Socialist regime

In recognition of its historical responsibility towards victims of the National Socialist regime and their descendants, Austria allows victims of the Holocaust and their direct descendants to apply for Austrian citizenship. This law was passed by the Austrian parliament in October 2019 and came into force on 1 September 2020.

The law states that eligibility for acquiring Austrian citizenship is extended to victims' descendants if their direct ancestors had fled Austria before 1955. Dependents include sons, daughters, grandchildren, and great-grandchildren. The law applies to both Jews and non-Jews. Victims and descendants can be any person who suffered due to the Nazi Persecution in Austria, including physically or mentally disabled individuals, Sinti and Roma peoples, and non-heterosexual individuals.

To apply for Austrian citizenship, applicants must:

• Fill in and sign a citizenship application form, including a detailed history of the Holocaust survivor's identity (nationality, residence, military involvement, and career) and their time in Austria.
• Provide a current valid passport and birth certificate.
• Prove foreign citizenship and its acquisition.
• Provide official foreign birth and marriage certificates (where applicable), along with any proof of a change of name.
• Prove emigration from Austria, including the date.
• Prove Austrian citizenship prior to emigration.
• Provide official documents to prove the applicant's connection to Austria.

All government citizenship application fees for this law are waived, and individuals are not required to revoke any existing citizenship. Passports are granted without the need to reside in Austria.

Dual Austrian citizenship

Austrian citizenship is generally based on the principle of jus sanguinis, although there are some exceptions. Citizenship in Austria can be acquired by descent, through naturalisation, by entitlement, or through a Citizenship by Investment programme, which grants citizenship upon the fulfilment of certain conditions.

Austria does not allow dual citizenship. A person who voluntarily acquires foreign citizenship automatically loses their Austrian citizenship unless they have previously been granted retention of their Austrian citizenship. However, there are some exceptions to this rule.

Exceptions

• Obtaining two citizenships at birth: If the parents are 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, but the other state might require such a decision.
• Retention of the second citizenship is in the interest of the Republic of Austria: This may be due to extraordinary services rendered by the person in the past and that are expected to be rendered in the future.
• Personal reasons: For example, when a natural person is unable to renounce their original citizenship.
• Permission to retain Austrian citizenship: Austrian authorities may grant permission to retain Austrian citizenship before a person obtains a second foreign citizenship.

Dual Citizenship Application

To retain Austrian citizenship, the authorisation to retain it before acquiring the foreign nationality must be requested in writing and approved by written decision. The approval of retention must be made before applying for foreign citizenship, otherwise, Austrian citizenship will be lost. The Citizenship Department of the respective Provincial Government Office is responsible for granting citizenship.

Frequently asked questions