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Citizenship by Descent in Austria

Citizenship by Descent in Austria

According to Austrian legislation, children born to Austrian mothers acquire citizenship of their mother. There are other important aspects of Austrian citizenship by descent that you can discover in this article. We also specify that you can apply for citizenship with the help of our lawyers in Austria with experience in immigration issues and more.

Conditions for obtaining Austrian citizenship by birth

As we mentioned at the beginning of this article, children receive citizenship by birth if their mother is an Austrian citizen. This is also valid if only the father is an Austrian citizen and the parents are married. Here are other interesting facts to consider if you are interested in citizenship by descent in Austria. Our immigration lawyers in Austria can provide you with complete details:

  • The Austrian father must acknowledge paternity within 8 weeks of the birth of the child if the mother has another citizenship. The child thus obtains Austrian citizenship by birth.
  • Also, if paternity is established in a court of law, the child receives Austrian citizenship, if he has an Austrian father and a mother of another nationality.
  • Austrian citizenship by descent can be offered under facilitated conditions if paternity is established after more than 8 weeks.
  • A child can even have two nationalities at birth, by jus sanguinis or by jus soli if born in a territory where this is respected at the birth of a child.

We invite you to talk to our attorneys in Austria if you want to know more about Austrian citizenship by birth.

Other cases of Austrian citizenship by descent

Children adopted by an Austrian citizen can have the citizenship of their respective fathers. Austrian citizenship by descent can be obtained up to the age of 14, and the formalities are quite simple. Here are other details:

  • Information is requested about the residence of the respective child.
  • Parents must provide identity documents as well as marriage and birth certificates.
  • The procedure for obtaining Austrian citizenship by descent takes around 6 weeks. We recommend that you contact our Austrian lawyers to learn more about Austrian citizenship by birth, as well as that for children adopted by Austrian parents.

Special cases of Austrian citizenship through ancestry

Other cases come to the attention of the immigration office in Austria when certain people are interested in Austrian citizenship. For example, if the parents are not married, the father is of Austrian origin and the mother is of another origin, the child can receive Austrian citizenship through ancestry. This must be done within a maximum of 8 weeks, and the father is the one who must submit the necessary documents, including birth certificates. In special cases, the court of law can decide and recognize paternity, but this does not intervene in awarding Austrian citizenship to the child. It is more than recommended to talk to an Austrian lawyer in this case to benefit from specialized legal advice.

Citizenship through heritage in Austria and children born from non-Austrian parents

Jus Sanguinis applies to children born in Austria to foreign parents. However, the case is special because the child in question can obtain dual citizenship directly. Thus, in addition to the citizenship of the parents, he/she can also receive the Austrian one, which means that there is no need for other procedures to be followed in the future. However, it is possible that the other state, respectively where the parents come from, will require some specific procedures for the respective citizenship to be recognized. You can discuss more about citizenship through heritage in Austria with our immigration specialists.

What does the acquisition of citizenship by award mean in Austria?

The Austrian government can offer citizenship by award in certain cases. Here the general condition for naturalization in Austria must be taken into account, with documents and forms to be filled out. On the other hand, further conditions for an award of Austrian citizenship may also depend on other factors such as the acquisition due to legal claim or on the authority’s choice. We invite you to discuss more with our experts about citizenship by award in Austria. You can also find out complete information about citizenship through origin in Austria if you contact us.

Other special cases of citizenship through origin in Austria

With the amendments of 2020 and 2022, the Austrian Citizenship Act there are certain responsibilities regarding the descendants of Austrian citizens who lived during the period of German government. Relatives of people persecuted under this regime can be repatriated to Austria and can apply for citizenship through origin in Austria, as long as proof can be made in this regard. This is valid for direct descendants, including minors adopted by a previously persecuted ancestor with Austrian roots, including children, grandchildren, great-grandchildren, and further generations.

On the other hand, those who prove that they are descendants of an Austrian citizen who lived during the Austro-Hungarian domination can apply for citizenship by descent in Austria. It is also valid for those who lived in Austria before May 15Th 1955 and had to leave the country because of the political-social regime at that time. What is important in this case is the proof of the necessary documents, birth certificates, if they exist. But as certain situations are quite complicated, it is recommended to work with our immigration lawyers in Austria who can communicate with the relevant authorities, such as the Birth Registry.

What are the benefits of citizenship by birth in Austria?

The benefits come as a package with obtaining Austrian citizenship by birth. Having one of the parents of Austrian origin, the child also receives his/her citizenship. This means that, just like in the case of parents, they can join freedom of movement or visa-free travel in the European Union. You can also get an Austrian passport, one of the most powerful in the world. We remind you that Austria recognizes dual citizenship. Similar benefits can be obtained in Poland, in case you have Polish ancestors, you may apply for citizenship by descent and our partners from Immigration-Poland.com can assist you through the entire process.

Immigration facts about Austria

Immigration to Austria is often on the list of those who want to live in an economically stable country, with multiple possibilities, and a high-standard and internationally recognized healthcare system. Here are some immigration facts about Austria:

  • More than 126,000 immigrants settled in Austria according to data for January 2023.
  • 67,000 Ukrainians arrived in Austria in 2022.
  • The strongest population growth was recorded in Vienna, the Austrian capital, at around 2.6%.

Do you want to apply for residency in Austria? Our immigration experts can help you. Moreover, we invite you to discover more about Austrian citizenship by birth by contacting our team of specialists at our law firm in Austria.