Austrian Citizenship

On this page, we provide useful information about

1. obtaining and re-gaining Austrian Citizenship (including for victims of Nazi persecution),
2. losing Austrian Citizenship, and
3. Dual Citizenship (keeping Austrian Citizenship).

Please note that the information provided on this page is meant to give you a general overview over the various regulations pertaining to Austrian citizenship. Due to the complexity of the Austrian Nationality Act not all pecularities and specific exceptions are described in full and in detail. You can find more informations about the citizenship law here.

Certificate of Citizenship

The Certificate of Citizenship is the only official document giving proof of your Austrian Citizenship and must be presented when you apply for a passport. 

Documents, e.g. birth- or marriage certificates issued in the US must be certified copies. Documents issued by other countries need to be officially legalized and translated according to the Hague Convention.

The Consulate recommends to provide all US-documents with an Apostille from the Secretary of State. Information about Apostille

PLEASE CLICK HERE TO BOOK AN APPOINTMENT

The following documents must be presented for issuing a Certificate of Citizenship for ADULTS:

• Application filled out and signed, signature in the presence of officials or certified by a notary public. The english form is just a fill in help, the german form must be submitted
• Photo identification (passport) in original and copy
• US-Permanent Resident Card in original and copy
• Birth Certificate in original and copy
• Proof of Residence (US-Drivers License or Utility bill) and copy
• Affidavit - signed. The english form is just a fill in help, the german form must be submitted
• if applicable - Marriage Certificate of the applicant and copy
• if applicable - Certificate of Citizenship of the Austrian parents / Austrian parent and copy
  if Certificate of Citizenship is not available:
  acquired through descent: birth certificates of the Austrian parents / Austrian parent
  acquired through bestowal: proof of bestowal by the Austrian parents / Austrian parent
• Marriage Certificate of the parents and copy
• Birth Certificates of the parents and copy
• if applicable - Proof of academic level and copy
• if applicable - police report for lost Certificate of Citizenship
• self-addressed and stamped envelope if you want your passport returned by mail
  (for safety reasons we strongly recommend FedEx or UPS. The Consulate cannot be held liable for any loss or theft of documents while handled by a mail/postal service)
  
  
  In the case of name change, the following additional documents are to be presented (in ORIGINAL)
• Old Certificate of Citizenship, if available
• Marriage certificate / Certificate of Partnership of the applicant or proof of official change of name

In case of legal guardian, proof of POWER OF ATTORNEY must be presented!

The following documents must be presented for issuing a Certificate of Citizenship for CHILDREN/MINORS:

• Application filled out and signed (from both parents if married); signature in the presence of officials or certified by a notary public. The english form is just a fill in help, the german form must be submitted
• Official photo identification of both parents; if available also official photo ID of the child (US passport) and copy
• Certificate of birth of the child and copy
• Certificate of birth of both parents and copy
• Proof of Residence (US-Drivers License or Utility bill) and copy
• Affidavit (minor) - signed (from both parents if married).  The english form is just a fill in help, the german form must be submitted
• if applicable - Marriage Certificate of the parents and copy
• Proof of Citizenship of the Austrian parent(s) and / or proof of bestowal and copy
• Proof of Residence (US-Drivers License from parents or Utility bill) and copy
• Documents of divorce including child custody decision, if applicable death certificate and copy
• Permanent resident card of the Austrian parent(s) and copy
• self-addressed and stamped envelope if you want your passport returned by mail
  (for safety reasons we strongly recommend FedEx or UPS. The Consulate cannot be held liable for any loss or theft of documents while handled by a mail/postal service)
  
  
  

If the child has been legitimized through marriage of the parents (Legitimierung ex lege), additionally:

• If available: old proof of Ctizenship of the child, indicating conformity with former last name

If the applicant is not entitled to child custody, a POWER OF ATTORNEY of the PERSON ENTITLED TO PARENTAL CUSTODY must be presented. In the case of shared parental custody, both parents must sign the application.

The fee according to TP 5 (1) of the law on consular fees (KGG) is to be paid at the time of applying. If the application is submitted by mail, the fee must be paid by Money Order or Cashier's Check (payable to the "Consulate General of Austria) - NO PERSONAL CHECKS! First-time issuance of a child's Certificate of Ctizenship is free-of-charge until completion of age two.

If you apply by mail and you would like to have your documents sent back to you, please enclosed a self-addressed and stamped envelope (FedEx, UPS, USPS).

Surrogacy is banned in Austria, § § 2 and 3 Reproductive Medicine, Reproductive Medicine Act as amended, Federal Law Gazette 275/1992.

According o § 137b Civil Code the mother of a child is always the woman who gave birth to the child, that is, the surrogate mother - and not the contractor of the surrogacy.

The child of a (foreign) surrogate mother does not acquire Austrian citizenship under the § 7 of the Nationality Act 1985 as amended (Federal Law Gazette 311/1985) from the Austrian contractor of the surrogacy.

Under these circumstances the Austrian representative authorities abroad can therefore not provide an Austrian proof of citizenship nor an Austrian passport, nor issue an Austrian identity card for the child.

1) by Descent:
a) Children born in wedlock obtain Austrian citizenship if
aa) born before 09/01/1983: father is Austrian citizen at time of child's birth
ab) born on or after 09/01/1983: one parent is Austrian citizen at time of child's birth
b) Children born out of wedlock obtain Austrian citizenship
ba) if mother is Austrian citizen at time of child's birth
bb) by legitimation if child (whose mother is a non-Austrian citizen) is still a minor and unmarried at the time of his/her parents' marriage and the father is an Austrian citizen at this time. If the legitimated child is over the age of 14 (but still a minor), he/she must consent to the acquisition of Austrian nationality.

2) by Marriage:
please call the Consulate General at 310 - 444 93 10 Ext. 20 or 12

3) by Application:
An alien has a right to obtain Austrian citizenship if
a) he/she has lived in Austria permanently for at least 30 years or
b) he/she has lived in Austria permanently for at least 15 years and may proof his/her successful integration into Austrian society.
Aliens may apply for Austrian citizenship under the following preconditions:
a) at least 10 years of permanent residence in Austria
b) sufficient financial means/secure income
c) no criminal record
d) sufficient knowledge of the German language
e) positive attitude towards the Republic of Austria.
In rare cases, an alien may apply for citizenship after six years of permanent residence in Austria.

4) by Re-Acquisition:
a) A female (Austrian) citizen who lost Austrian citizenship prior to 09/01/1983 because of getting married to an alien may re-obtain her Austrian citizenship if she applies for it within two (2) years after her husband's death or her being divorced from him.
b) An Austrian national who had lost Austrian citizenship may regain it if he/she was an Austrian national for at least ten (10) years before losing Austrian citizenship.

5) Re-gaining citizenship by Declaration based on Sec. 58c of the Austrian Nationality Act (Victims of Nazi persecution):
All former Austrian citizens who were forced to leave Austria before May 9, 1945 because
a) they had to fear or even suffered persecution by the NSDAP and/or the authorities of the Third Reich or
b) they had to fear or suffered persecution because of defending the democratic Republic of Austria may re-acquire their Austrian citizenship by declaration.
Neither permanent residence in Austria nor renouncing present citizenship are required; no fee will be charged.
By virtue of a 1999 amendment to the Austrian Nationality Act it is now possible for persons who meet the above-mentioned criteria (lived in Austria and had to flee the country) and who were not Austrians but citizens of successor states of the Austro-Hungarian Empire to also become Austrian Citizens. Fees do apply.

Former Austrians should present the following documents (originals):
a) signed notification form
b) birth certificate
c) marriage certificate
d) criminal records (certificates of good conduct) from all countries where one lived for more than six months. From the US, a fingerprint-record must be ordered from the FBI.
e) proof of legal change of name (if applicable)
f) proof of academic degree (if applicable)
g) valid passport
h) proof of Austrian citizenship at the time of emigration from Austria (Heimatschein, Heimatrollenauszug, old Austrian [or Nazi-German] passport)
i) U.S. (or other) naturalization papers
j) proof of date of emigration from Austria

1) Acquiring foreign citizenship:
An Austrian citizen applying for foreign citizenship will automatically lose his/her Austrian citizenship upon obtaining foreign citizenship.

2) Entering the armed forces of a foreign country:
An Austrian national voluntarily entering the armed forces of a foreign country loses the Austrian citizenship.

3) Revocation:
An Austrian citizen both working for a foreign state and adversely affecting the interests and reputation of the Republic of Austria loses his/her citizenship. In addition, newly naturalized Austrians who do not renounce their previous citizenship within two years (as required) lose their newly acquired Austrian citizenship.

4) Giving up Austrian citizenship:
An Austrian citizen may, under certain circumstances, renounce his/her Austrian citizenship.

In general, the Austrian Nationality Act does not allow dual citizenship except for persons who obtain two citizenships at the time they were born (e.g. a person born to Austrians living in the US acquires both Austrian and US citizenships at the time of birth).

Thus, if a person acquires US citizenship, he/she usually has to renounce the actual citizenship he/she is holding. The only exception is stated in Section 28 of the Austrian Nationality Act:
A person shall be permitted to maintain Austrian citizenship
a) if the maintenance is in the interest of the Republic of Austria, or
b) if personal reasons are worth considering (the law does not provide for examples of specific reasons that are worth considering but one may think of older relatives living in Austria, career prospects, reasons related to property issues etc.).
Only born Austrians may make use of this legal provision stated under b).

The authorities in Austria charged with deciding on the granting of dual citizenship are the „Ämter der Landesregierungen“ (provincial governments) of the province where the applicant has his residence in Austria. If the main residence is outside of Austria and the applicant was born before July 01, 1966, the province where the applicant was born would be in charge. If the applicant was born after July 01, 1966, the province where the mother had her main residence at the time of birth according to the birth certifcate, will be in charge. If the Austrian was born abroad, the "provincial government of Vienna" will handle the case.

The application to keep one's Austrian citizenship, a written request addressed to the "Amt der Landesregierung", together with (documents, e.g. birth-, marriage certificates, issued by the US, must be authenticated, after the Hague Convention, by an Apostille, issued by the Secretary of State)
a) certified copies of the birth certificate
b) the certificate of citizenship,
c) the marriage certificate (if applicable),
d) a detailed curriculum vitae, and
e) criminal records (certificates of good conduct) from all countries where one lived for more than six months. From the US, a fingerprint-record must be orderd from the FBI.
will be forwarded to the provincial government handling the case.

Application and informationsheet for keeping the Austrian Citizenship (for Vienna)

Application and informationsheet for keeping the Austrian Citizenship (for the other provinces)

Please note:An Austrian citizen who wants to keep his/her Austrian citizenship in the case of acquiring US citizenship MUST be granted the right to keep the citizenship before he/she pursues any steps directed at obtaining US citizenship. The right to keep one's citizenship is granted (if it is granted) under the condition that US nationality is then acquired within a period of two years. As soon as it becomes known that US citizenship will (most likely) not be obtained within these two years, please file for an extension immediately.