Applying For Dual Citizenship In Austria: A Step-By-Step Guide

Austrian citizenship law does not generally permit dual citizenship. However, there are exceptions to this rule. If you are a descendant of victims of Nazi persecution, you may be eligible for Austrian citizenship by descent. Additionally, if you are granted citizenship under Article 10 (6) of the Citizenship Act, you may not be required to renounce your previous citizenship. In most cases, to retain Austrian citizenship, you must apply for permission in writing before acquiring foreign citizenship and have it approved.

Applying for dual citizenship as a descendant of victims of Nazi persecution

Austria's Citizenship Act does not typically recognize dual citizenship. However, since 1 September 2020, the descendants of victims of Nazi persecution can apply for Austrian citizenship without revoking their existing citizenship.

To be eligible, you must be a direct descendant of someone who suffered due to Nazi persecution in Austria. This includes physically or mentally disabled individuals, Sinti and Roma peoples, and non-heterosexual individuals. The anchor person may have been born in modern-day Italy, Hungary, Serbia, Bosnia and Herzegovina, the Czech Republic, Slovakia, Croatia, Slovenia, Poland, or Romania but must have lived in Austria until their emigration and held Austrian citizenship or been eligible to hold it. They must also have emigrated from Austria between 1933 and 15 May 1955.

If you are applying for Austrian citizenship as a descendant of victims of Nazi persecution, you will need to provide proof of eligibility. This should include birth certificates, documents on being of Jewish faith, former passports or other travel documents, and personal identification documents. If you do not have clear evidence, you can provide other supporting documentation, such as proof that the anchor person received a pension from Austria as a persecuted person.

It is recommended that you seek legal advice to guide you through the application process and ensure that your application has a high probability of approval.

Applying for dual citizenship by award

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

If you are applying for dual citizenship by award, you must fulfil the general requirements for naturalisation and file an application. The application can be filed with or without an official form. The documents required will depend on your personal details. The process may take between 12 and 36 months.

You will need to provide proof of:

• German language skills
• Basic knowledge of the democratic system and the fundamental principles, as well as the history of Austria and of each province
• A positive attitude towards the Republic of Austria and warranty that there is no danger to public peace, order and security
• No current prohibition of residence or enforceable return decision
• No close relationship to any extremist or terrorist group
• Legal and continuous residence in Austria for 10 years, with a minimum of 5 years with a residence permit
• Your own fixed and regular earnings from acquisition, income, judicial claim to maintenance or insurance benefits over a period of 36 months on average within the last 6 years before the time of application

If you are applying for Austrian citizenship under the provision of Art.10 (6) of the Citizenship Act, you may not be required to renounce your previous citizenship. This Act is aimed at high net-worth individuals who are willing to make investments that bring economic benefits to the country.

Applying for dual citizenship by conferral

Austria's Citizenship Act does not recognize dual citizenship. However, Austrian citizenship law does allow for dual citizenship in exceptional cases.

If you are applying for Austrian citizenship by conferral, you must fulfill the general requirements for naturalization and file an application. The specific requirements depend on whether the acquisition is due to a legal claim or the authority's discretion. In general, you must have lived in Austria for at least 10 years, with a minimum of 5 years holding a residence permit. You must also provide proof of fixed and regular earnings over a period of 36 months within the last 6 years before the time of application. The last 6 months of this period must be immediately before the time of application.

To retain your previous citizenship and acquire Austrian citizenship, you must request authorization in writing and receive approval before acquiring Austrian citizenship. This falls under the responsibility of the competent office of the provincial government, which will apply a strict standard of assessment. You can also submit applications abroad to the competent diplomatic representation (embassy or consulate general) according to your place of residence.

If you are applying for Austrian citizenship for extraordinary merit, you must be a high net-worth individual willing to make investments that bring economic benefits to the country. This could be through active business providing technology innovation, creating jobs, or contributing to foreign trade, or through donations to relevant public projects. The investment itself does not guarantee citizenship, and the grant is at the sole discretion of the government.

If you are applying for Austrian citizenship by descent, you must provide evidence that your ancestor was a victim of Nazi persecution and that you meet the other criteria. There are no history or language exams, and no residency requirements for those seeking Austrian citizenship by descent.

Applying for dual citizenship through investment

Austria's citizenship laws restrict dual citizenship, and those acquiring Austrian citizenship are generally required to abandon their current citizenship. However, there are a few exceptions where dual citizenship is allowed:

• If you obtain two citizenships at the time of your birth, for instance, by being born with an Austrian and a foreign parent.
• If retaining the second citizenship is in the interest of Austria for extraordinary service. This includes making a substantial contribution to the country's economy or for extraordinary achievements in sports, science, philanthropy, or the arts.
• If you are unable to renounce your original citizenship, for example, if your original country does not allow you to renounce your citizenship.
• If you seek permission to retain Austrian citizenship from Austrian authorities before obtaining a second foreign citizenship.
• If you are a descendant of victims of the National Socialist regime, you can acquire Austrian citizenship by means of a declaration without having to give up your current citizenship.

To apply for dual citizenship through investment, you must actively invest in the Austrian economy. This can be done through a joint venture or direct investment in a business that creates jobs or increases exports. Significant direct investment is generally required, and passive investments such as government bonds or real estate do not qualify.

The application process typically involves choosing a qualifying investment, submitting the necessary documents, and undergoing a due diligence process. Required documents may include a valid passport, proof of contribution, health insurance, a clean criminal record, a comprehensive CV, background business information, impeccable references, and other supporting documents. It is important to note that the granting of citizenship is at the sole discretion of the Government of the Republic of Austria, and applicants should be properly advised from the beginning of the process.

Applying for dual citizenship through marriage

Austrian citizenship law does not permit dual citizenship, except in the case of acquisition of citizenship by descent. If a child acquires Austrian citizenship by descent from one parent and citizenship in another country by descent from the other parent, they are permitted to hold dual citizenship.

If you are applying for Austrian citizenship through marriage, you must fulfil the general requirements for naturalisation and file an application. You must have lived in Austria with a settlement permit for a minimum of six years, and the marriage must have lasted for at least five years. You must also have basic knowledge of the democratic system and the history of Austria and its provinces, as well as German language skills.

If you are applying for Austrian citizenship through marriage, you will be expected to renounce your previous citizenship. However, this requirement can be waived if it is not possible or reasonable for you to do so. In some cases, Austrian citizenship may be granted without the need to renounce previous citizenship if it is in the special interest of the Republic of Austria, based on the foreign national's extraordinary achievements or expected future achievements.

To apply for Austrian citizenship, you must contact the citizenship department of the office of the provincial government of your primary residence. The application can be filed using the form "Verleihung bzw. Erstreckung der Verleihung der österreichischen Staatsbügerschaft" or without an official form. The required documents will depend on your personal details, so you should contact the responsible department of citizenship for more information.

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