Exploring Austrian Citizenship: Jus Sanguinis And Its Application

Austria follows the principle of jus sanguinis, or right of blood, which allows individuals to acquire citizenship based on their parent's nationality. Austrian citizenship can be acquired by descent, award, or extension of an award. Children born to Austrian citizens are automatically granted Austrian citizenship at birth, including those born abroad. Adopted children can also acquire Austrian citizenship if the adopting parent is an Austrian national. Additionally, Austria has created a path to citizenship for descendants of Austrian citizens killed or persecuted during the Holocaust, allowing them to apply for citizenship by declaration without renouncing their current nationality.

Austrian citizenship by descent

Austria does have 'jus sanguinis' or the 'right of blood', which allows people to claim citizenship by descent. Austrian citizenship law allows for citizenship by descent, award, and extension of the award.

Austrian Citizenship by Award

In the case of an acquisition of Austrian citizenship by award, an application must be filed, and the general requirements for naturalization must be fulfilled. These requirements include:

• 10 years of legal and continuous residence in Austria, with a minimum of 5 years with a residence permit
• No criminal record or pending criminal action
• Sufficiently secured maintenance and proof of regular earnings
• German language skills and basic knowledge of the democratic system and history of Austria
• Positive attitude towards the Republic of Austria

Dual Citizenship

Austria allows for dual citizenship. If your parent is Austrian and your other parent is a national of another country that also allows for jus sanguinis, you will have dual citizenship.

Citizenship by award

Austria does have jus sanguinis, also known as the "right of blood", which grants citizenship by descent. Austrian citizenship can also be acquired by award.

To acquire Austrian citizenship by award, the general requirements for naturalization must be fulfilled, and an application must be filed. The specific requirements for naturalization are as follows:

• 10 years of legal and continuous residence in Austria, with a minimum of 5 years with a residence permit.
• No criminal record or pending criminal action, both in Austria and abroad.
• No severe administrative offences with a special degree of unlawfulness.
• Sufficiently secured maintenance and regular earnings. An exception is made if one's livelihood cannot be secured through no fault of their own, such as disability or permanent illness.
• German language skills and basic knowledge of the democratic system, the fundamental principles, and the history of Austria and its provinces. Exemptions are made for minors under 14 and those with mental or physical health conditions.
• Positive attitude towards the Republic of Austria and no close relationship to any extremist or terrorist group.
• No pending proceedings regarding the termination of residence, current prohibition of residence, or enforceable return decision.
• No return decision from another EEA country or Switzerland.
• No eviction order within the last 12 months and no entry prohibition.

In addition to these general requirements, further conditions for the award of Austrian citizenship depend on whether the acquisition is due to a legal claim or the authority's discretion.

Austrian citizenship can also be granted based on exceptional performance in the interest of the Republic, without the usual prerequisites. This includes achievements in scientific, economic, sporting, and artistic fields. In such cases, confirmation from the Austrian Federal Government is required, and the Minister of the Interior must assess whether the applicant's services are in the special interest of the Republic.

Dual citizenship

Austria generally does not allow dual citizenship, and Austrian citizens who acquire a foreign citizenship will automatically lose their Austrian citizenship. However, there are some exceptions to this rule.

If a child is born to an Austrian mother, they automatically become an Austrian citizen at birth. If the parents are married and only the father is Austrian, the same rule applies. If the parents are not married and only the father is Austrian, the child acquires citizenship if the father recognises his parenthood within 8 weeks, or if his fatherhood is determined by a court. If the non-Austrian parent is from a country that also observes jus sanguinis, the child will have dual citizenship. According to Austrian law, the child does not have to choose between nationalities upon becoming an adult, but the other state might require such a decision.

In the case of acquisition of Austrian citizenship by award, the general requirements for naturalisation must be fulfilled and an application must be filed. The requirements for naturalisation include:

• 10 years of legal and continuous residence in Austria, with a minimum of 5 years with a residence permit
• No criminal record or pending criminal action, in Austria or abroad
• Sufficiently secured maintenance and proof of one's own fixed and regular earnings
• German language skills and basic knowledge of the democratic system, history and fundamental principles of Austria
• Positive attitude towards the Republic of Austria and no close relationship to any extremist or terrorist group

It is possible for a citizen of another country to obtain Austrian citizenship while retaining their original citizenship, but it is very difficult and subject to strict requirements. The main exception for retention of citizenship is stated in Section 28 of the Austrian Nationality Act:

• If the maintenance of dual citizenship is in the interest of the Republic of Austria
• If there are personal reasons that are worthy of consideration (the law does not provide examples; the specific reasons depend on the individual situation)

Until 2020, acquiring Austrian citizenship was difficult for descendants of Jews who fled Nazi persecution during World War II. The law originally only applied to descendants of male Holocaust survivors and excluded those whose ancestors left the country after 1945. However, in 2019, the Austrian Parliament amended the Austrian Citizenship Act, enabling descendants of female Holocaust survivors to claim citizenship as well. The amendment also extended the timeline of leaving Austria during the Nazi era by 10 years.

Citizenship for descendants of persecuted ancestors

Austria offers a route to citizenship for descendants of people who were forced to flee during the Nazi regime. This includes both Jews and non-Jews who suffered due to the Nazi Persecution in Austria, such as physically or mentally disabled individuals, Sinti and Roma peoples, and non-heterosexual individuals.

To be eligible, the descendant's ancestor must have:

• Been a citizen of one of the successor states of the former Austro–Hungarian monarchy (particularly Czechoslovakia, Hungary, Poland, Romania, and the Kingdom of Serbs, Croats, and Slovenes) and primarily resided in Austria before 15 May 1955, leaving the country because they suffered, or had reason to fear, persecution by the Nazi regime.
• Been an Austrian citizen but did not primarily reside in Austria between 30 January 1933 and 9 May 1945 for fear of persecution by the Nazi regime or because of their support for the Republic of Austria.
• Been an Austrian citizen who was either deported from Austria by the Nazi regime before 9 May 1945 or killed by the regime (including active killing or death by being denied medical care or food, or due to injuries from torture).

The descendant must also file an Anzeige (declaration) along with mandatory apostilled supporting documents. These include:

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

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

Application process for citizenship by descent

Austria does allow citizenship by descent, also known as jus sanguinis, or the "right of blood". Here is an overview of the application process for Austrian citizenship by descent.

Citizenship by Descent for Victims of the Nazi Regime

Austria allows victims of the Nazi regime and their descendants to apply for citizenship. This is part of Austria's reparative responsibility for its role in the heinous acts committed during the Nazi regime.

Eligibility:

All direct descendants (including those adopted as minors) of a persecuted ancestor are eligible to apply. The ancestor does not need to have reclaimed or regained their Austrian citizenship. The following cases must apply to the relevant ancestor:

• They were a citizen of one of the successor states of the former Austro-Hungarian monarchy (e.g. Czechoslovakia, Hungary, Poland, Romania, the Kingdom of Serbs, Croats, and Slovenes).
• They lost Austrian citizenship when they acquired a foreign citizenship through marriage around the time of their departure from Austria. They primarily resided in Austria before May 15, 1955, and left the country because they suffered or feared persecution by the Nazi regime, including persecution for their support of the democratic Republic of Austria.
• They were an Austrian citizen but did not primarily reside in Austria between January 30, 1933, and May 9, 1945, for fear of persecution by the Nazi regime or because of their support for the Republic of Austria.
• They were an Austrian citizen who was either deported from Austria by the Nazi regime before May 9, 1945, or killed by the regime (including being killed for their support of the Republic of Austria).

Documents Required:

• 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 (issued by the FBI for US residents).
• Birth certificate of the ancestor, if available.
• Marriage certificate of the ancestor, if available.
• Evidence that the ancestor was persecuted, if available. The birth certificate is usually sufficient evidence for Jewish persons.
• Evidence that the persecuted ancestor was residing in Austria, especially if they were a citizen of one of the successor states of the 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.

Application Procedure:

All applications for Austrian citizenship by ancestry can be lodged at a local Austrian embassy or consulate general. However, it is recommended to submit the application at the relevant authority in Vienna, Austria.

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

Citizenship by Descent for Children of Austrian Parents

Children can automatically become Austrian citizens at birth if one of their parents is an Austrian citizen. If the parents are married and only the father is an Austrian citizen, the child acquires citizenship at birth. If the parents are not married and only the father is an Austrian citizen, he must recognize his parenthood within eight weeks of the birth, or it must be determined by a court. In such cases, children may be awarded Austrian citizenship through a simplified procedure.

If the parents are not married at the time of birth, and the mother is an Austrian citizen, the child acquires Austrian citizenship.

If the parents are not married, the mother is not an Austrian citizen, and the child is born on or after August 1, 2013, the child acquires Austrian citizenship if the father is an Austrian citizen and acknowledges paternity before the birth or within eight weeks of the birth, or if paternity is established by a court within eight weeks of the birth.

If the parents marry when the child is a minor and the father has Austrian citizenship at the time of the marriage, 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 persons with custody must consent to the acquisition within three years of the marriage.

Dual Citizenship

If the child acquires another citizenship at birth in addition to Austrian citizenship, there is no loss of Austrian citizenship, and the child has dual citizenship. Under Austrian law, the child does not have to choose one nationality when they reach the age of majority, but the other state may require such a decision.

Frequently asked questions