Austrian Citizenship by Descent: Step-by-Step Guide

If you have Austrian ancestors, then you may be eligible to acquire Austrian citizenship by descent if you meet certain provisions. Austrian nationality law allows for descendants of Austrian citizens to apply for citizenship, regardless of their place of birth. Pathways include birthright citizenship and citizenship for descendants of Austrians who suffered persecution during that historical period. 

This guide details who is eligible for Austrian citizenship by descent and how applications work for individuals seeking citizenship through this pathway, which is regulated under the Austrian Citizenship Act.

Eligibility for Austrian Citizenship by Descent

Certain children of Austrian citizens can acquire citizenship when they’re born, but you may also qualify for Austrian citizenship by descent if you’re a direct descendant of an Austrian who was persecuted during World War II. This also applies to families who suffered Nazi persecution, allowing their descendants to reclaim their nationality today under laws approved by the Austrian Parliament.

Descendants Acquiring Austrian Citizenship at Birth

Children of Austrian parents can acquire Austrian citizenship at birth in a few ways. Depending on when the child was born, the law differs because birthright citizenship is qualified by the citizenship law that existed at the time of the child’s birth. These laws also differ based on the parents’ marriage status at the time of the child’s birth, and other factors. The legal basis for these differences can be found in the Austrian Citizenship Act.

How to Qualify for Austrian Citizenship by Descent

Austria’s laws on citizenship were amended in 2019 to include citizenship for victims of historical persecution, as well as their direct descendants. Descendants can acquire Austrian citizenship by descent through ancestry via declaration. Furthermore, descendants can maintain dual citizenship; they don’t have to relinquish their current citizenship status (unless their home country specifically requires them to).

Individuals qualify if they are a descendant of an alien or stateless person who fled abroad prior to May 15, 1955, due to political persecution or fear of persecution by the authorities of the time. The law also states that the ancestor would have been persecuted on the basis of their support for the Democratic Republic of Austria at the time.

The provision extends to ancestors who lost Austrian nationality shortly before their departure because of acquiring a foreign nationality through marriage.

Direct descendants in the provision include descendants of:

• Austrian citizens who died in the Federal Republic or abroad prior to May 9, 1945, due to German persecution or support of the democratic Republic of Austria.
• Citizens of one of the successor states of the former Austro-Hungarian Monarchy, or stateless persons in the Federal Republic, who died prior to May 9, 1945, due to persecution or support of the democratic Republic of Austria.
• Austrian citizens who were deported abroad prior to May 9, 1945.

Most Distant Ancestor for Austrian Citizenship by Descent

An alien can acquire Austrian citizenship by descent if they are a direct descendant, meaning a child, grandchild, or great-grandchild of an Austrian ancestor. This includes children who were adopted while minors.

How to Apply for Austrian Citizenship by Descent

You do not have to reside in Austria in order to apply for lineage citizenship. Applying from abroad requires that you direct your application through the nearest competent authority.

Step 1 – Finding the Competent Authority

Austrian residents applying for Austrian citizenship by descent will handle application matters with Austria’s provincial government of the municipality in which they live. But if you live abroad, you must approach different authorities.

Article 41 of Austria’s Federal Law concerning Austrian Nationality notes that individuals who do not reside in Austria must deal with the Austrian Embassy or professional consulate. And if the applicant does not live where the Austrian professional consulate is, they must go through the diplomatic mission in their jurisdiction. For example, diplomatic missions to Austria in the United States include the Austrian Consulate Generals in New York and Los Angeles, as well as the Austrian Embassy in Washington, D.C..

Step 2 – Acquire Necessary Documentation 

Article 56 of Austria’s Nationality Law states that the following personal data will be collected with citizenship applications: name, date of birth, gender, the fact that a person is a citizen and other nationalities, date of acquisition and reason for acquisition of citizenship, date of loss of citizenship and corresponding reason for loss, dates of death, area-specific personal identifiers, academic degrees and professional titles, and other circumstances necessary for the acquisition, loss, or retention of citizenship.

Applicants must submit personal documentation along with the declaration, as well as documentation for their ancestor(s). Personal documentation includes:

• A valid passport
• Passport photo
• Birth certificate
• Documents showing marital status (like a marriage certificate)
• Current criminal record certificate from the country in which you reside

Additionally, applicants must get all foreign documents authenticated or certified by apostille. Once you have documentation, you’ll submit it through the competent authority in your jurisdiction.

Step 3 – Receive Your Decision

Upon submitting your declaration, wait time varies for decisions on citizenship applications. This depends on the completeness of your required documentation and your personal situation. The competent Austrian provincial government may contact applicants with questions in the process.

If your application is approved, the competent provincial government will issue “Bescheid” – an official decision – stating your acquisition of citizenship through declaration. The official diplomatic mission you’re working with will deliver this to you.

If you want to appeal a denial of citizenship, the process is as follows:

• First, submit the appeal to the authority that denied your application within 4 weeks of the rejection. Appeal requests must include detailed reasons for appealing and supporting documentation addressing the grounds of rejection. 
• If the relevant issuing authority still denies your citizenship application, you must escalate your case to the Regional Administrative Court in the jurisdiction where your decision was issued, within 4 weeks of the administrative appeal decision. 
• If denied again on a basis of legal errors or procedural violations, the case can be escalated to the Austrian Supreme Administrative Court. 
• If denied on a basis of violated constitutional rights in the administrative process (such as equal treatment or non-discrimination), the case can be escalated to the Constitutional Court, filed within 6 weeks of the lower court’s decision.

Step 4 – Acquire an Austrian Passport

Once you have acquired Austrian citizenship, you are entitled to an Austrian passport, as well. If you live abroad, you can apply through the competent Austrian Embassy or consulate, or you can apply at any passport authority located in Austria. Note that you do not have to re-submit your citizenship application documentation, as the decision (“Bescheid”) is usually sufficient. Furthermore, you’ll need to show a photo ID and provide your fingerprints.

Reclaiming Austrian Citizenship Through Ancestry

Applying for Austrian citizenship by descent is an opportunity to reconnect with your roots and family story. Many descendants of those who faced persecution and displacement have reclaimed their right to nationality thanks to recent amendments supported by the Austrian Parliament. Beyond regaining their legal status as Austrian citizens, applicants also enjoy the benefits of EU mobility, education, and cultural integration. Whether you apply from within Austria or through an Austrian Embassy, obtaining citizenship through ancestry ensures that the legacy of your family’s resilience continues across generations.

Ready to Apply for Austrian Citizenship Through Ancestry?

If you think that your Austrian lineage qualifies you for Austrian citizenship by descent, then you could see if you are eligible today. Our team relies on a mix of human expertise and AI tools to provide eligibility reports and turn your family history into a pathway to citizenship in the European Union. 

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