Updates to Austrian citizenship laws in 2020 made it possible for Austrian victims of the Nazi persecution and their descendants to more easily acquire citizenship without needing to complete formal applications. This attempt to rectify historical injustices perpetrated during the National Socialist Regime from 1938 to 1945 aims to help displaced Austrian citizens reclaim their nationality and ties to their Austrian roots.
Following the provisions, over 37,000 people have reclaimed Austrian citizenship by descent. If you think that you or your children might qualify to reclaim citizenship through this pathway, you’re likely to encounter questions about who is eligible, how to apply, and more.
This guide answers frequently asked questions about Austrian citizenship by descent so you can start your path to EU citizenship with more ease.
Frequently Asked Questions
Who is eligible for Austrian citizenship by descent?
Children of Austrian parents qualify for citizenship by descent when meeting certain criteria related to their time of birth and their parents’ marriage and citizenship status. But descendants of Austrian victims of the Nazi regime can also qualify for citizenship by descent. This pathway is done via declaration. The criteria includes:
Descendants of aliens or stateless persons who fled abroad before May 15, 1955, because of persecution or fear of persecution by the NSDAP or German Reich authorities.
Ancestor was persecuted on the basis of support for the Democratic Republic of Austria at the time.
Ancestor lost Austrian nationality shortly before leaving Austria because of acquiring a foreign nationality through marriage
Note that other provisions are included in the Austrian law, which you can read about in more detail in our eligibility guide.
Where do I submit a declaration for citizenship?
Individuals living in Austria direct applications to the provincial government in the municipality in which they reside. Individuals living abroad submit applications through Austrian diplomatic missions – embassies and consulates – located in their own jurisdictions.
Can I get Austrian dual citizenship?
Yes. If you acquire Austrian citizenship by descent, you are not required to relinquish your existing citizenship (unless your home country requires you to). Other Austrian naturalization routes, however, have different rules.
Do I get EU citizenship?
Yes. Since Austria is a member nation of the European Union, acquiring Austrian citizenship by descent also provides you with EU citizenship and access to the healthcare, education, and travel rights therein.
Do I have to be born in Austria to qualify?
No. Qualifying for Austrian citizenship does not depend on birthplace.
What documents do I need to apply?
Austrian citizenship by descent applicants must submit the following to show their own and their ancestor’s status:
Valid passport
Passport photo
Birth certificate
Documentation of marital status
Current criminal record certificate from the country in which you reside
Also, foreign documents must be authenticated or certified by apostille.
Is my child eligible for Austrian citizenship by descent?
Children of Austrian parents can acquire Austrian citizenship by descent at birth by meeting certain criteria outlined in §7 of the Austrian Citizenship Act. In these cases, eligibility depends on when the child was born (the citizenship law that existed at the time of their birth), the parents’ marriage status at that time, and other factors.
For more detailed information on how children can qualify, check out our guide explaining how children qualify for Austrian ancestry citizenship.
What if my citizenship application is rejected?
According to the Austrian General Administrative Procedures Act (AVG), applicants denied citizenship have the right to appeal the decision. The process is as follows:
First, submit an administrative appeal.
Next, you can elevate the appeal to the Regional Administrative Court.
If still denied, appeal to the Austrian Supreme Administrative Court.
Finally, appeal to the Constitutional Court if still denied.
Note that each appeal in the process has specific requirements for timeline and documentation.
Ready to Reclaim Your Austrian Roots?
Acquiring Austrian citizenship by descent is easier now than it has been in the past, thanks to changes in legislation that made it possible for Austrian diasporas around the world to reconnect to their roots.
If you’re ready to start your journey to reclaiming Austrian citizenship, we recommend trying our full service package. Our citizenship experts have the tools to help you determine eligibility, acquire documents, and start the application process.