Austria Citizenship: Easy Access Or Tough Road?

Austria is one of the wealthiest countries in Europe, offering a high quality of life, a stable economy, and awe-inspiring natural attractions. Obtaining Austrian citizenship can be a complex process, with various routes to eligibility. Citizenship can be acquired by descent, award, extension of award, or special conditions such as merit or investment. Acquiring citizenship by descent is relatively straightforward for children of Austrian citizens, while adults may qualify through marriage to an Austrian citizen or by residing in the country for a minimum of 10 years. Austria also offers the possibility of obtaining citizenship by investment, which requires a substantial contribution to the country's economy.

Citizenship by descent

Austria is restrictive in granting citizenship to foreign nationals. However, Austrian citizenship can be acquired by descent, award, extension of the award, etc. Here is some detailed information on citizenship by descent:

Children of Austrian Citizens

Children born to married parents automatically become Austrian citizens at birth if either parent is an Austrian citizen. If the parents are unmarried and only the father is an Austrian citizen, the child acquires citizenship if the father recognises his parenthood within eight weeks or if his paternity is determined by a court.

Children of Austrian Citizens Living Abroad

If the Austrian parent lives outside of Austria, the child will become an Austrian citizen at birth if the Austrian parent has lived in Austria for at least five years before the child's birth and the child acquires the citizenship of the country where the parent is living at the time of the child's birth.

Descendants of Victims of the Nazi Regime

Austria allows victims of the Nazi regime and their descendants to apply for citizenship by means of a declaration ("Anzeige"), without requiring them to give up their current citizenship. This provision was implemented in recognition of Austria's historical responsibility towards persons persecuted by National Socialism and their descendants.

To be eligible, the descendant must be a direct descendant (or have been adopted as a minor) of a persecuted ancestor. The ancestor must meet one of the following criteria:

• A citizen of one of the successor states of the former Austro-Hungarian monarchy (e.g., Czechoslovakia, Hungary)
• A person who lost Austrian citizenship upon acquiring a foreign citizenship through marriage around the time of their departure from Austria
• An Austrian citizen who primarily resided in Austria before 15 May 1955 but left the country due to persecution or fear of persecution by the Nazi regime
• An Austrian citizen who did not primarily reside in Austria between 30 January 1933 and 9 May 1945 due to fear of persecution by the Nazi regime
• An Austrian citizen who was deported from Austria or killed by the Nazi regime before 9 May 1945, including those killed for supporting the Republic of Austria

The application process for citizenship by descent involves submitting various documents, including a current passport photograph, birth and marriage certificates, evidence of persecution, and proof of residence in Austria. The process typically takes four to six months.

Citizenship by marriage

An alien spouse of an Austrian national may obtain Austrian citizenship if they fulfil the following requirements:

• The applicant must have been legally and continuously resident in Austria for at least six years.
• The marriage must have lasted a minimum of five years.
• The couple must have lived together for five years.
• The alien spouse must renounce their present citizenship.

Some sources also state that the spouse applicant must have lived in Austria permanently for a minimum of six years.

Obtaining Austrian Citizenship by Re-Acquisition

A female who lost Austrian citizenship prior to 1 September 1983 because of marriage to an alien may re-obtain her Austrian citizenship if she applies for it within five years after her husband's death or her divorce from him.

For former Austrian citizens who were nationals for at least ten years before losing citizenship, a preferential re-acquisition by a simplified procedure is possible. The applicant must be present in Austria and give up any foreign nationality.

Citizenship by investment

Austria is one of the wealthiest countries in Europe, offering a high quality of life, natural attractions, and a well-developed and stable economy. It is an excellent place to establish residence within the EU, being the only Western European country that offers the possibility to obtain citizenship by investment and an EU passport without prior residence requirements.

Austria's Citizenship by Investment Program is highly respected and sought after. It allows investors to obtain citizenship by making a significant investment in the country, usually in the range of 7-8 million euros, made over a period of at least three years, with at least 3 million euros invested each year. This investment can be made in real estate, a business, or other approved investment options.

To qualify for the program, investors must meet certain requirements, including having a clean criminal record, being able to prove the source of their funds, and demonstrating basic knowledge of the German language. Applicants must also show that their investment will bring economic benefits to Austria, such as creating jobs in the country.

The benefits of obtaining Austrian citizenship through investment include the ability to travel freely throughout the European Union, with visa-free access to approximately 190 destinations worldwide, including Hong Kong, Japan, Singapore, and the USA. It also grants the right to reside and work anywhere in the EU and Switzerland, and provides access to high-quality healthcare, education, and social services.

Under the citizenship by investment provisions, applicants are required to invest actively in the Austrian economy. This can be done through a joint venture or direct investment in a business that creates jobs or generates new export sales. Significant direct investment is generally expected, and passive investments such as government bonds or real estate do not qualify.

In addition to standard documentary requirements, such as passports and birth certificates, applicants must provide a comprehensive CV, business background information, and impeccable references. The Austrian Citizenship Act typically requires applicants to abandon their current citizenship to obtain Austrian citizenship. However, under Article 10 (6) of the Citizenship Act, applicants may not be required to give up their previous citizenship.

The application process involves submitting an investment proposal to the Federal Ministry of Economic Affairs and Labor, who will review the proposal and make a recommendation to the government. Once the investment is approved, the applicant must obtain a residence permit in Austria and fulfill the residency requirement before applying for citizenship.

Citizenship by application

Austrian citizenship can be acquired by descent, award, extension of the award, or application. Here is an overview of the requirements and procedures for obtaining Austrian citizenship by application:

Requirements for Citizenship by Application

To obtain Austrian citizenship by application, an individual must meet the following requirements:

• Permanent residence in Austria for at least thirty years or at least fifteen years with demonstrated successful personal and professional integration.
• Alternatively, a minimum of ten years of continuous stay in Austria, with at least five years as a permanent resident.
• Sufficient financial means or a secure income.
• Sufficient knowledge of the German language.
• A positive attitude towards the Republic of Austria.

Some applicants, such as EEA citizens, may be eligible for citizenship after six years of permanent residence.

General Requirements for Naturalization

In addition to the above criteria, there are several general requirements for naturalization that applicants must fulfil:

• No criminal record or pending criminal actions in Austria or abroad.
• No severe administrative offences with a special degree of unlawfulness.
• Sufficiently secured maintenance and proof of regular earnings over a period of 36 months within the last 6 years before the application. Exceptions are made for cases where an individual's livelihood cannot be secured through no fault of their own (e.g., disability or permanent illness).
• German language skills and basic knowledge of the democratic system, history of Austria, and each province.
• Proof of German language skills through fulfilling module 2 of the Integration Agreement, unless exceptions apply (e.g., German as a native language).
• Written examination or an 8th-grade degree in "History and Social Sciences" to demonstrate knowledge of the democratic system, fundamental principles, and history of Austria and its provinces.
• Positive attitude towards the Republic of Austria and no danger posed to public peace, order, and security.
• 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.
• No close relationship to any extremist or terrorist group.
• Renunciation of previous citizenship, as dual citizenship is generally not recognized in Austria. However, there are exceptions under Article 10 (6) of the Citizenship Act for individuals who have made significant contributions to the country.

Procedures for Citizenship by Application

The application process for Austrian citizenship can be complex and involves significant paperwork. Here are the key steps and requirements:

• Contact the responsible department of citizenship to determine the specific documents required for your application, as they may vary depending on personal circumstances.
• Ensure that all foreign language documents are translated into German and certified by a sworn translator in Austria.
• Submit the completed application form, "Verleihung bzw. Erstreckung der Verleihung der österreichischen Staatsbürgerschaft," along with the required documents to the office of the provincial government.
• The application process may take between 12 to 36 months, including obtaining government approval and informal approvals from key ministries.
• Seek proper advice and carefully prepare your application to maximize the chances of approval.

Benefits of Austrian Citizenship

Austrian citizenship offers several benefits and opportunities:

• The right to live and work in Austria and anywhere else in the EU and Switzerland.
• Visa-free or visa-on-arrival travel to approximately 190 destinations, including Canada, Hong Kong, the US, and the Schengen Area.
• High quality of life, including access to high-quality healthcare and education.
• Excellent transport and communications infrastructure.

Citizenship for descendants of Nazi victims

On 1 September 2020, amendments to the Austrian Citizenship Act came into force, allowing victims of the Holocaust and their direct descendants to apply for Austrian citizenship. This law extends eligibility to victims' descendants if their direct ancestors fled Austria before 1955. Dependents include children, grandchildren, and great-grandchildren.

The law applies to both Jews and non-Jews. Victims and descendants can be any person who suffered due to Nazi persecution in Austria, including physically or mentally disabled individuals, Sinti and Roma peoples, and non-heterosexual individuals.

To apply for Austrian citizenship under this law, individuals must submit the following documents:

• A completed and signed citizenship application form, including a detailed history of the Holocaust survivor's identity (nationality, residence, military involvement, career) and their time in Austria.
• A current valid passport.
• The applicant's birth certificate.
• Proof of foreign citizenship and its acquisition.
• Official foreign birth certificate and marriage certificate (if applicable), along with any proof of a change of name (in the case of marriage, divorce, adoption, etc.).
• Proof of emigration from Austria, including the date.
• Proof of Austrian citizenship prior to emigration.
• Official documents to prove the applicant's connection to Austria.

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

The process typically takes between four and ten months, including preparation of the application (one to four months) and government processing (three to six months).

Frequently asked questions