Damon Mcknight
Austria and Germany both offer citizenship by descent, award, naturalization, or other paths. Austria allows victims of the Nazi regime and their descendants to apply for citizenship, and German citizenship can be obtained without losing other citizenships. Austria, on the other hand, only allows dual citizenship in specific cases. While Austrian citizenship can be easier to obtain, German citizenship is not difficult either. This article will explore the requirements and processes for obtaining citizenship in Austria and Germany, and provide insight into which option may be more feasible.
Characteristics of Austrian and German Citizenship
| Characteristics | Austria | Germany |
|---|---|---|
| Citizenship by Descent | Yes | Yes |
| Citizenship by Marriage | Yes | Yes |
| Citizenship by Naturalization | Yes | Yes |
| Time to Citizenship by Naturalization | 10 years | N/A |
| Ease of Citizenship | Easy | Easy |
| Dual Citizenship | Limited | Yes |
| Retention Permits | Yes | N/A |
| Language Skills Required | Yes | N/A |
| Knowledge of Democratic System | Yes | N/A |
| History of Country Knowledge | Yes | N/A |
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What You'll Learn
Retention permits for descendants of victims of Nazi prosecution
Austria and Germany have both amended their citizenship laws to allow victims of Nazi prosecution and their descendants to apply for citizenship. Here is some information on retention permits for descendants of victims of Nazi prosecution in both countries.
Austria
Austria amended its Citizenship Act in 2020 to allow victims of Nazi prosecution and their direct descendants to apply for Austrian citizenship. This includes victims and descendants of those who fled Austria during the Nazi National Socialist regime, as well as Austrian citizens who were persecuted by the Nazis and their descendants. The law applies to both Jews and non-Jews, including physically or mentally disabled individuals, Sinti and Roma peoples, and non-heterosexual individuals.
To apply for Austrian citizenship, you must submit the required forms and documents, including proof of your right to citizenship by descent and documents proving that your family members suffered from Nazi prosecution. You can find more information on the website of the City of Vienna or the citizenship department of the office of the provincial government of your primary residence.
Germany
Germany has also made it possible for victims of Nazi prosecution and their descendants to claim German citizenship. This includes individuals who were persecuted between 30 January 1933 and 8 May 1945 due to political, racial, or religious reasons and lost their German citizenship before 26 February 1955. The laws that enable this are Article 116 Paragraph 2 of the Basic Law and Section 15 of the Nationality Act.
To apply for German citizenship, you must fill out the required forms in German and assemble the necessary documents, including your passport, family documents, and other proof that you or your family members suffered from Nazi prosecution. You can find more information on the website of the Federal Office of Administration or seek guidance from law experts specializing in immigration issues, such as Schlun & Elseven Rechtsanwälte.
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Dual citizenship
Austria and Germany have different requirements for citizenship, and each country has its own set of advantages and disadvantages when it comes to the ease of obtaining citizenship. Here is an overview of dual citizenship and the requirements for Austria and Germany:
Austrian Citizenship
Austria allows dual citizenship in specific cases, particularly for descendants of victims of Nazi prosecution. Under the Austrian Citizenship Act, individuals in this category can acquire Austrian citizenship by submitting a declaration ("Anzeige") without renouncing their current citizenship. Additionally, Austria has agreements with German-speaking countries like Germany, Liechtenstein, Belgium, and Switzerland, where Austrians naturalizing in these countries may not need to renounce their Austrian citizenship. However, Austria generally requires individuals to obtain permission to retain their Austrian citizenship when acquiring foreign citizenship.
The general requirements for Austrian citizenship include:
- Proof of 10 years of legal and continuous residence in Austria, with a minimum of 5 years holding a residence permit.
- Demonstrated knowledge of the German language and basic understanding of Austria's democratic system, history, and fundamental principles.
- Proof of regular earnings or income over a period before the application.
- Submission of required documents, including proof of current residence, and in some cases, proof of not having acquired foreign nationality.
Austrian citizenship can also be acquired by descent, award, or extension of the award. Children of Austrian citizens may automatically become Austrian citizens at birth, and minors can be granted citizenship if their parent(s) obtain citizenship. Additionally, Austria recognizes citizenship by naturalization after a certain period of residence, usually 10 years, with possible reductions or waivers under specific conditions.
German Citizenship
Germany offers an advantage in that individuals can acquire German citizenship without necessarily losing their previous citizenship. This flexibility makes it easier to obtain dual citizenship. However, specific requirements must be met, and the process may vary depending on individual circumstances.
In summary, while both Austria and Germany allow dual citizenship, the specific requirements and conditions differ between the two countries. It's important to carefully review the regulations and eligibility criteria set by each country before initiating the process of obtaining dual citizenship.
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Citizenship by descent
Austrian citizenship by descent is based on the principle of descent from an Austrian parent. The requirements for acquiring Austrian citizenship by descent vary depending on the circumstances of one's birth. For example, if a child is born to married parents, at least one parent must be an Austrian citizen at the time of the child's birth. If a child is born to unmarried parents, the mother must be an Austrian citizen. Additionally, Austrian law allows for dual citizenship, meaning that a child can acquire Austrian citizenship by descent from one parent and another citizenship by descent from the other parent without having to choose one nationality over the other upon reaching the age of majority.
Austrian citizenship law also recognizes the country's historical responsibility towards persons persecuted by National Socialism and their descendants. As such, individuals who can demonstrate that they or their ancestors were persecuted by the Nazi regime may be eligible for Austrian citizenship by descent. This includes individuals who can prove that they lost their Austrian citizenship due to persecution or that they were prevented from acquiring Austrian citizenship before emigrating or being deported.
In terms of documentation, the required documents for Austrian citizenship by descent will vary depending on personal circumstances. All foreign-language documents must be presented in their original form, along with a certified German translation. Applicants may also need to demonstrate German language proficiency and knowledge of Austria's democratic system and history.
German citizenship by descent is also a possibility for those with German ancestry. Germany acknowledges its historic responsibility for the acts committed during the Nazi regime and welcomes descendants of persecuted individuals to rejoin the German community as citizens. If one qualifies for German citizenship by descent based on Nazi persecution, they are not required to give up their present citizenship or relocate to Germany.
To be eligible for German citizenship by descent, one must demonstrate that they or their ancestors suffered persecution by the Nazi regime between 1933 and 1945 as German citizens or residents. Additionally, individuals may qualify if their biological parent held German citizenship at any point in their life or if their grandmother lost her German citizenship by marrying a foreign national, resulting in their parent not acquiring German citizenship at birth.
The process for acquiring German citizenship by descent typically takes around 18 months but can be shorter if the application is properly prepared and communicated with the relevant authorities. Applicants are advised to carefully review all requirements and complete a client intake form to check their eligibility before submitting their application.
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Citizenship by marriage
Austrian citizenship by marriage requires applicants to meet several criteria. These include demonstrating financial stability, passing a citizenship test on Austrian history and government, and proving proficiency in the German language.
The period of legal residency in Austria is reduced to six years for those married to an Austrian national, provided the couple has lived in a shared household and been married for at least five years. Applicants must also demonstrate their understanding of Austria's democratic order and basic principles.
Austria generally does not allow dual citizenship, so applicants must renounce their previous citizenship. An exception is made for naturalised Austrians who become citizens of another German-speaking country, such as Germany, Liechtenstein, Belgium, or Switzerland.
Germany also offers citizenship by marriage, with certain requirements to be met. These include being married to a German citizen, living in Germany for at least three years, being financially stable, and having sufficient German language skills.
Additionally, demonstrating an understanding of the German legal and social order, as well as a willingness to integrate into German society and respect its Basic Law, is essential. The citizenship test or a schooling certificate can be used to show this understanding.
The application process involves submitting the necessary documents, such as marriage certificates, passports, residence permits, and language proficiency certificates, to the local immigration or naturalisation office.
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Citizenship by naturalization
Austrian citizenship can be acquired by descent, award, extension of the award, or naturalization. Naturalization as an Austrian citizen is based on 10 years of continuous residence and is discretionary. The residence requirement may be reduced or waived in certain cases, such as for persons with knowledge of the German language on level B2 or with proof of substantial personal integration (after 6 years of uninterrupted residence).
In addition to the residence requirements, applicants must provide proof of their own fixed and regular earnings over a period of 36 months within the last 6 years before the time of application. This requirement is waived in cases where the applicant's livelihood cannot be secured through no fault of their own, such as disability or permanent serious illness.
Applicants must also demonstrate proficiency in the German language and basic knowledge of the democratic system, fundamental principles, and history of Austria. This can be done by fulfilling module 2 of the Integration Agreement according to § 10 Abs. 2 IntG, unless exceptions apply (e.g., German as a native language, minor attending an Austrian school).
All foreign language documents must be presented in the original along with a German translation, certified in Austria. The required documents for Austrian citizenship include:
- Application form "Antrag auf Ausstellung eines österreichischen Staatsbürgerschaftsnachweises" completed and signed
- Form "Personenstandserklärung Erwachsene" completed and signed
- Proof of current place of residence (not older than 4 weeks)
- Proof that you have not acquired a foreign nationality (not older than 2 months)
- Current passport photograph (not older than six months), complying with Austrian photograph criteria
- Criminal record from the country of residence (not older than eight months)
It is important to note that Austrian citizenship laws have been updated multiple times, and specific requirements may vary depending on individual circumstances.
On the other hand, German citizenship can also be acquired through naturalization. While the specific requirements may differ, it is generally easier to obtain German citizenship compared to Austrian citizenship, especially if you already have Austrian citizenship. Germany allows for dual citizenship, making it possible to acquire another citizenship without losing your German citizenship.
In summary, both Austria and Germany offer paths to citizenship by naturalization, but the requirements and processes differ. Austrian citizenship may be more difficult to obtain due to the longer residence requirements and more stringent language and knowledge proficiencies. German citizenship may be easier to acquire, especially for those who already meet the residence requirements and can provide the necessary documentation.
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Frequently asked questions
Austrian citizenship can be acquired by descent, award, extension of the award, or naturalization. Children born to Austrian mothers are automatically granted Austrian citizenship. Children born to Austrian fathers who are not married to their mothers are also granted citizenship if the fatherhood is recognized within eight weeks. Austrian citizenship can also be obtained after 10 years of continuous residence in the country, with at least five years as a permanent resident. Proof of income, German language proficiency, and knowledge of the democratic system and history of Austria are also required.
Yes, Austria allows victims of the Nazi regime and their descendants to apply for citizenship. Applicants must provide supporting documents and can apply through their local Austrian embassy or consulate general.
German citizenship can be acquired by descent, naturalization, or other paths. The specific requirements depend on individual circumstances.
It is incredibly rare to be entitled to both Austrian and German citizenship. Austria only allows dual citizenship in specific cases, such as for descendants of victims of Nazi prosecution. Germany does not have the same restrictions, and it is possible to obtain another citizenship without losing German citizenship.
Austrian citizenship may be easier to obtain, especially if you have Austrian ancestry or meet the requirements for special circumstances. However, it is important to note that each application is evaluated on a case-by-case basis, and the process can be complex depending on your situation.
