Austrian Citizenship by Descent

Austrian citizenship is based primarily on the principle of descent, known in Latin as jus sanguinis (right of blood). Whether a person is entitled to Austrian citizenship does not depend on where they were born. It depends on whether they descend from an Austrian citizen and whether the conditions set out in Austrian law at the relevant time were met.

The rules for acquiring Austrian citizenship at birth are set out in Section 7 of the Austrian Citizenship Act and depend on the law in force at the time of birth, the parents’ marital status, and each parent’s citizenship. The key scenarios are as follows.

• Parents married at the time of birth, child born on or after 1 September 1983

At least one parent held Austrian citizenship at the time of birth.

• Parents married at the time of birth, child born before 1 September 1983

The father held Austrian citizenship at the time of birth.

• Parents not married or in a registered partnership at the time of birth

The mother held Austrian citizenship at the time of birth.

• Parents not married, mother not an Austrian citizen, child born on or after 1 August 2013

The father held Austrian citizenship at the time of birth and acknowledged paternity before the birth or within eight weeks of the birth. The same applies where paternity was established by a court within that period. Where paternity is acknowledged or established after the eight-week window, citizenship may be acquired by conferral under simplified conditions rather than automatically by operation of law.

• Parents not married at birth, but married while the child was a minor

The father held Austrian citizenship at the time of the marriage. This is known as acquisition by legitimation (Legitimation) under Section 7a of the Austrian Citizenship Act. Where the child had already reached the age of 14 at the time of the marriage, the child and those with custody must consent to the acquisition within three years of the marriage.

Where a child acquires Austrian citizenship at birth and simultaneously acquires the citizenship of another state, through descent from the other parent or through birth in a country applying birthright citizenship (jus soli), such as the United States, Austrian citizenship is not forfeited. Austrian law does not require the child to choose between nationalities upon reaching adulthood, though the law of the other state may impose such a requirement.

In October 2019, the Austrian parliament unanimously adopted an amendment to the Austrian Citizenship Act in recognition of Austria’s historical responsibility toward victims of National Socialism and their descendants. Further amendments came into force on 1 May 2022, broadening the scope of those eligible to apply.

Under Section 58c of the Austrian Citizenship Act, descendants of qualifying persecuted ancestors may acquire Austrian citizenship by means of a formal declaration (Anzeige), without being required to give up their existing citizenship or nationality. This is a significant exception to Austria’s general restriction on dual citizenship, and it applies regardless of how many generations have passed since the persecuted ancestor.

The following cases are set out under Section 58c of the Austrian Citizenship Act. Applications under this provision are also subject to certain general conditions under Section 10 StbG, including the absence of serious criminal convictions.

• Flight from persecution: The ancestor was an Austrian citizen, a citizen of one of the successor states of the former Austro-Hungarian monarchy, including Czechoslovakia, Hungary, Poland, Romania, and the Kingdom of Serbs, Croats, and Slovenes, or a stateless person, with their principal place of residence in Austria before 15 May 1955, who left Austria because they suffered or had reason to fear persecution by the National Socialist German Workers’ Party (NSDAP) or the authorities of the German Reich. This includes those who lost Austrian citizenship by acquiring a foreign citizenship through marriage shortly before their departure.
• Prevented return to Austria: The ancestor was an Austrian citizen who did not reside in Austria between 30 January 1933 and 9 May 1945 because returning to or entering Austria would have exposed them to persecution.
• Austrian citizens deported or killed: The ancestor was an Austrian citizen who was deported from Austria or killed by the National Socialist regime before 9 May 1945.
• Successor state nationals and stateless persons deported or killed: The ancestor was a citizen of one of the successor states of the former Austro-Hungarian monarchy, or a stateless person, with their principal place of residence in Austria, who was deported or killed by the regime before 9 May 1945.

The provision also covers ancestors who were persecuted on account of their support for the democratic Republic of Austria, not only those targeted on racial or religious grounds. The persecuted ancestor is not required to have reclaimed or regained Austrian citizenship for their descendants to be eligible.

All direct descendants of a qualifying ancestor are eligible, including children, grandchildren, great-grandchildren, and further generations. Children adopted as minors are also included.

The declaration pathway under Section 58c is not available to those who previously held Austrian citizenship and subsequently lost it through the acquisition of another nationality, unless they were unaware at the time that they held Austrian citizenship.

Applications must be submitted together with a formal Anzeige (declaration) and authenticated supporting documents. The precise requirements vary depending on the individual case.

• Valid passport
• Passport photograph meeting Austrian specifications, not older than six months
• Birth certificate
• Marriage or divorce certificate, where the applicant’s surname has changed
• Certificate of name change, where applicable
• Criminal record certificate from the country of residence, not older than eight months. For applicants resident in the United States, this must be issued by the FBI.

• Birth certificate (where available)
• Marriage certificate (where available)
• Death certificate
• Evidence of persecution. For Jewish applicants, the birth certificate is generally accepted as sufficient.
• Evidence of residence in Austria, required where the ancestor was a citizen of a successor state of the former Austro-Hungarian monarchy
• Evidence of flight from Austria, such as passenger lists, where the ancestor fled
• Evidence of deportation by the National Socialist regime, where applicable
• Death certificate or equivalent evidence where the ancestor was killed by the regime

All foreign documents must be authenticated by apostille before submission.

Applications for Austrian citizenship by descent are submitted to the competent Austrian authority. For applicants residing outside Austria, this is the Austrian embassy or consulate general in their country of residence. The specific diplomatic mission responsible depends on the applicant’s place of residence within its consular district.

Applicants residing outside Austria must submit their application through the Austrian embassy or consulate general in their country of residence. The competent mission is determined by the applicant’s place of residence within its consular district.

Compile the required personal documentation and, for Section 58c applications, the documentation relating to the persecuted ancestor. All foreign documents must be authenticated by apostille before submission.

Submit the Anzeige (declaration) together with all supporting documents to the competent Austrian authority. Austrian authorities provide an online questionnaire to assist applicants in assessing their eligibility before lodging a formal declaration. This questionnaire is available in German, English, Spanish, and Hebrew through the relevant Austrian diplomatic mission.

Once the application is approved, the competent authority issues a formal written decision (Bescheid) confirming the acquisition of Austrian citizenship. Applicants may then apply for an Austrian passport through the relevant embassy or consulate.

The process of acquiring Austrian citizenship by descent involves assembling and authenticating a substantial body of documentation, often spanning multiple countries, languages, and generations. Identifying the right records, obtaining certified copies, and coordinating the legalization and apostille of documents across different jurisdictions require both legal knowledge and practical experience with these processes.

At Schlun & Elseven Rechtsanwälte, our lawyers support clients throughout the entire process: from the initial assessment of your family history and eligibility, through the preparation, organization, and authentication of documents, to the submission of the formal declaration and ongoing communication with the Austrian authorities responsible for your case. We work digitally and in English, making the process straightforward for clients wherever they are based.