Obtaining Austrian Citizenship: Descent And Its Requirements

Austrian citizenship by descent is a principle that allows individuals to acquire Austrian citizenship based on their parents' nationality. This method of gaining citizenship is particularly relevant for those born to an Austrian parent or parents, potentially giving them the right to become Austrian citizens themselves. Austrian citizenship is highly coveted, as it offers visa-free or visa-on-arrival access to approximately 190 destinations worldwide. It also allows individuals to live and work in the country and anywhere else in the EU and Switzerland at any time.

Citizenship for descendants of victims of the Nazi regime

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

Eligibility

All direct descendants, including those adopted as minors, of a formerly persecuted ancestor are eligible to apply for Austrian citizenship. This includes further generations.

Conditions for ancestors

Applicants may apply for Austrian citizenship if one of the following cases applies to their ancestor. In each of these cases, ancestors are not required to have reclaimed or regained their Austrian citizenship.

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

Required Documents

Applicants must file an Anzeige (declaration) along with mandatory apostilled supporting documents. The Austrian provincial government requires the following documents:

• 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 change of name, if applicable.
• A criminal record from the country of residence, not older than eight months (issued by the FBI for US residents).

Additionally, the following documents are required on behalf of the ancestor:

• Birth certificate (if available).
• Marriage certificate (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 resided in Austria (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 Nazi regime.

Documents required for citizenship by descent

The Austrian government is restrictive in granting citizenship to foreign nationals. The government only confers citizenship to foreign nationals in the following cases: citizenship by descent, citizenship by merit, or through investment.

If you are applying for Austrian citizenship by descent, you must file an Anzeige (declaration) along with mandatory apostilled supporting documents. The Austrian provincial government requires applicants to submit the following documents:

• 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 change of name, if applicable
• Criminal record from the country of residence, not older than eight months (for US residents, this document must be issued by the FBI)

Additionally, you will need to provide documents for your persecuted ancestor. Each application is case-by-case dependent, but these are the usual documents required by the applicant on behalf of their ancestor:

• Birth certificate (if available)
• Marriage certificate (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 (in case they were a citizen of one of the successor states of the Austro-Hungarian monarchy)
• In case of flight: Evidence that the ancestor fled from Austria (for example, passenger lists)
• In case of deportation: Evidence that the ancestor was deported by the Nazi regime
• In case the ancestor was killed by the Nazi regime: Death certificate or other evidence

Citizenship by award vs citizenship by descent

Austrian citizenship can be acquired by descent, award, or extension of the award.

Citizenship by Descent

Citizenship by descent refers to the legal process of acquiring citizenship based on one's ancestral ties to a country. In Austria, children automatically become Austrian citizens at birth if the mother is an Austrian citizen. The same applies if the parents are married and only the father is an Austrian citizen. If the parents are not married and only the father is an Austrian citizen, the child acquires citizenship if the father recognises his parenthood within 8 weeks or if his fatherhood is determined by a court.

Austria also allows victims of the Nazi regime and their descendants to apply for citizenship. This includes direct descendants of those who were persecuted or had reason to fear persecution by the Nazi regime, including those who supported the democratic Republic of Austria.

Citizenship by Award

Citizenship by award in Austria refers to the general requirements for naturalisation. This includes:

• 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 regular earnings
• German language skills and basic knowledge of the democratic system and history of Austria
• Positive attitude towards the Republic of Austria and no close relationship to any extremist or terrorist group
• Renunciation of foreign citizenship (unless this is impractical)

Comparison

Citizenship by descent is based on ancestral ties, whereas citizenship by award is granted to those who meet the requirements for naturalisation. The main difference is that citizenship by descent is often acquired at birth or soon after, while citizenship by award requires a longer process of residence and integration in the country. Additionally, citizenship by descent may allow for dual citizenship, while citizenship by award usually requires the renunciation of foreign citizenship.

Dual citizenship and Austrian law

Austrian law is quite specific about holding dual citizenship or multiple citizenships. Generally, Austria restricts dual citizenship and expects you to relinquish any other nationality when acquiring Austrian citizenship. This is to avoid conflicts of allegiance, as Austrian citizens should hold exclusive Austrian nationality. However, there are certain exceptions where dual citizenship is permitted by Austria.

Firstly, if you acquire Austrian citizenship by descent and are entitled to another citizenship at birth, you are not required by Austria to renounce the other citizenship. This typically occurs when one parent is Austrian and the other parent confers the nationality of another country.

Secondly, descendants of victims of Nazi persecution can claim Austrian citizenship without renouncing their current citizenship(s) due to legal amendments to § 58c of the Austrian Citizenship Act in September 2020 and May 2022. This acknowledges Austria's historical responsibility and provides a route for restoring the rights of families impacted by past atrocities.

In rare cases, such as natural disasters or political persecution, exceptions might be granted to hold dual citizenship. Holding dual citizenship with Austria can have important legal implications in a few areas, including the European Union, diplomatic protection, and inheritance.

As an Austrian citizen, you automatically become a citizen of the European Union (EU), granting you the right to live, work, and study in any EU and European Economic Area (EEA) country without requiring additional permits. This freedom of movement is a significant advantage of holding EU citizenship. However, dual citizenship can complicate your legal situation, especially regarding inheritance laws, as these may differ between countries.

When it comes to diplomatic protection, as a dual citizen, you are under the protection of both Austria and the secondary country of your other citizenship. However, this can become complex if there are conflicts between the laws or policies of the two nations.

It is important to understand the specifics of your situation and consult legal professionals to navigate the complexities of dual citizenship under Austrian law.

Rights and responsibilities of Austrian citizens

Austrian citizens enjoy a wide range of rights and responsibilities. Here is a detailed overview:

Rights of Austrian Citizens:

• European Union Membership: Austrian citizens have the freedom to live, work, and study in any EU member country without requiring a visa. This is a significant advantage, allowing visa-free or visa-on-arrival access to over 180 countries.
• Political Participation: Austrian citizens have the right to vote in local, national, and European elections, allowing them to influence the governance of their city, country, and the European Union.
• Embassy Assistance: When travelling abroad, Austrian citizens can seek assistance from embassies and consulates of any EU member state if an Austrian consulate is unavailable.
• Social Services and Benefits: Austrian citizenship grants access to comprehensive social services, including healthcare, pension plans, and unemployment insurance. The country's welfare system is known for its high standards in protecting citizens' well-being.
• Education and Employment: Austrian citizens have the right to admission to Austrian educational institutions at reduced costs and are eligible for employment in Austria without the need for work permits. Local labour laws protect their work conditions and ensure fair wages and benefits.

Responsibilities of Austrian Citizens:

• Military Service: Male citizens aged 18 to 35 are subject to compulsory military service. However, they can choose to perform civilian service as an alternative.
• Taxes and Income Declaration: Austrian citizens are responsible for declaring their income and paying taxes in accordance with Austrian law.
• Integration and Cultural Respect: Citizens are expected to integrate into Austrian society and respect the country's cultural values, including those shared with non-EU countries like Switzerland.
• Participation in Democracy: Citizens are responsible for participating in the democratic process by voting in elections and staying informed about political issues.

Frequently asked questions