Austrian Citizenship

On this page, we provide useful information about

• obtaining and re-gaining Austrian Citizenship (including for victims of Nazi persecution),
• losing Austrian citizenship, and
• dual citizenship (keeping Austrian citizenship).

Please note that the information provided on this page gives you a general overview over the various regulations pertaining to Austrian citizenship. Not all pecularities and specific exceptions are described in full and in detail. If you like to come to the Embassy to discuss your citizenship issue, please call in advance (Ph. 613 789 1444 ext. 30) to schedule an appointment.

For details to the changes of the Austrian citizenship law as of January 1st, 2010 please consult the website for Austrians Abroad.

The Citizenship Certificate is the only official document giving proof of your Austrian citizenship. It must be presented when you apply for a passport. Please note that the citizenship certificate of Austrians born abroad is the basis for their being registered as Austrian citizens in Austria. Austrians residing in Canada apply for their citizenship certificate at the Embassy in Ottawa.

Please see below for application form and declarations :

Note: Original Canadian birth certificate (long form) has to be legalized in advance.

If you apply by mail and you would like to have your documents returned to you, please enclose a self-addressed and stamped envelope (Fedex, Purolator, etc.). The Embassy assumes no responsibility for lost mail. Original documents will be returned only after your application has been fully processed. If you come to the Embassy in person, please provide a full set of photocopies of all documents.

The consular fees are to be paid by „Certified Cheque“ or „Money Order,“ issued to the order of „Austrian Embassy.“

Note: Name Change on your Citizenship Certificate

Even though there is no legal requirement to change your name on your citizenship paper, it is recommended to have it done since name changes on other official documents (e.g. passport) are dependent on your name being listed correctly on your citizenship certificate.

1) by Descent:

Children born in wedlock obtain Austrian citizenship if

• born before 01.09.1983: father is Austrian citizen at time of child's birth
• born on or after 01.09.1983: either parent is an Austrian citizen at time of child's birth

Children born out of wedlock obtain Austrian citizenship

• if mother is Austrian citizen at time of child's birth
• by legitimation: if child (whose mother is not Austrian) is a minor and still unmarried at the time of his parent's marriage and father is Austrian citizen. If the legitimated child is over the age of 14 (but under the age of 18), he/she must consent to his/her becoming an Austrian citizen.

2) by Marriage:

An alien husband or wife to an Austrian national may obtain Austrian citizenship (Note: there are some exceptions to this general rule) if

• they have been married for at least five (5) years,
• they share a common household (live at same address), and
• the alien spouse has been residing Austria for at least six (6) years in a row.

Please note that the alien spouse has to renounce his/her present citizenship. Certain exceptions do apply.

3) by Application:

An alien has the right to obtain Austrian citizenship if

• he/she has lived in Austria permanently for at least 30 years or
• he/she has lived in Austria permanently for at least 15 years and may prove his/her successful personal and proffessional integration into Austrian society.

Aliens may apply for Austrian citizenship under the following preconditions:

• having lived in Austria for at least ten (10) years in a row, of which at least five (5) years as a permanent resident
• sufficient financial means and guaranteed income (= no dependance on social aid), proof to provided for the last three years
• no criminal record (i.e. never been sentenced to imprisonment)
• proper German language skills, sufficient knowledge of Austrian history & democracy in general (exam must be passed)
• positive attitude towards the Republic of Austria
• renouncing of foreign citizenship

4) by Re-Acquisition:

• Former Austrian citizens who lost their Austrian citizenship through marriage to an alien may re-obtain Austrian citizenship by way of application within five (5) years of (whichever comes first) the spouse's death or an divorce.
• Former Austrians who lost their Austrian citizenship as minors can apply for re-acquisition within two (2) years of having reached the age of majority (usu. at the age of 18).
• A former Austrian national who lost Austrian citizenship may regain it if both he/she lives in Austria and 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 9 May 1945 because

• they feared or suffered persecution by the NSDAP and/or the authorities of the Third Reich or
• they feared or suffered persecution for defending the democratic Republic of Austria

may re-acquire their Austrian citizenship by notification. This venue of re-gaining Austrian citizenship is open only to victims of Nazi persecutions and not to their descendants (children).

Neither permanent residency in Austria nor renouncing present citizenship is required. No fee will be charged.

Since 1999, it has been 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. However, fees apply.

Former Austrians should present the following documents (originals):

• dated and signed notification form
• birth certificate
• marriage certificate
• proof of legal change of name (if applicable)
• proof of Austrian academic degree (if applicable)
• valid passport
• proof of Austrian citizenship at the time of emigration from Austria (Heimatschein, Heimatrollenauszug, old Austrian [or Nazi-German] passport)
• Canadian (or other) naturalization papers
• proof of date of emigration from Austria

Note: Citizenship issues are dealt with on the provincial level. If the provincial government concludes that a victim of Nazi persecution has actually never lost his/her Austrian citizenship (despite having obtained a foreign nationality), there is a (theoretical) possibility that his descendants might as well be Austrian citizens. The final decision, however, rests with the provincial government.

1) Acquiring foreign citizenship
An Austrian citizen applying for foreign citizenship will automatically lose his/her Austrian citizenship upon obtaining foreign citizenship. The same applies in general to minor children born in wedlock (exceptions: minor children who were born double citizens).

2) Joining the armed forces of a foreign country
An Austrian national voluntarily joining the armed forces of a foreign country loses 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. The same is true for newly naturalized Austrians who do not renounce their previous citizenship within two years as required by law. Some exceptions apply.

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 for dual citizenship except for persons who obtain dual citizenship at the time of birth (e.g. a person born to Austrians living in Canada acquires both Austrian and Canadian citizenships at the time of birth).

Thus, if a person acquires Canadian citizenship, he/she usually has to renounce the citizenship he/she is holding. The only exception is stated in Sec. 28 of the Austrian Nationality Act:

A person shall be permitted to maintain Austrian citizenship if

• his/her maintaing Austrian citizenship is in the interest of the Republic of Austria, or
• only applies to born Austrians: personal reasons are worth considering (the law does not provide for specific examples, but one may think of relatives living in Austria, career prospects, reasons related to property issues etc.).

The Austrian authoritiy charged with deciding on granting dual citizenship is the „Amt der Landesregierung“ (provincial government) of the province (Bundesland) where

• the applicant was born (Austrian place of birth; applies to all births before July 1, 1966) or
• the applicant's mother had her residence in Austria at the time of the applicant's birth (applies to all births on or after July 1, 1966).

If the Austrian applicant was born abroad and has no permanent residence in Austria, the "Provincial Government of Vienna" will handle the case.

The application to keep one's Austrian citizenship is a written and well-reasoned request addressed to the "Amt der Landesregierung", together with one's

• birth certificate,
• citizenship certificate,
• marriage certificate (if applicable),
• detailed curriculum vitae, and
• criminal record checks (from every country you lived for more than six months)

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