How to Apply for Austrian Citizenship by Descent

You can claim Austrian citizenship by descent through one of two routes: standard bloodline descent from an Austrian parent, or a special declaration under Section 58c of the Austrian Citizenship Act for direct descendants of people persecuted by the Nazi regime. The two routes look similar on the surface but differ sharply on eligibility, cost, dual citizenship, and how far back the bloodline can reach. Sorting out which one applies to you is the first real step.

Standard Descent From an Austrian Parent

Under Austria’s general rules, a child born on or after September 1, 1983 automatically acquired Austrian citizenship at birth if either parent was an Austrian citizen at the time, regardless of whether the parents were married.¹ For children born before that date, citizenship passed only through the father if the parents were married. If the parents were unmarried, it came through the mother, or through the father only if he acknowledged paternity within eight weeks of birth or a court determined paternity in that window.²

The catch is that Austria generally does not permit dual citizenship. If your Austrian parent voluntarily naturalized in another country before you were born and did not first obtain a retention permit, they lost their Austrian citizenship at that moment. The chain breaks there, and your claim never existed.³ Before doing anything else on this route, verify that your parent still held Austrian citizenship on the day you were born.

Section 58c: Descendants of Nazi Persecution Victims

The second pathway is the reason most people abroad end up eligible at all. It came into force on September 1, 2020, was expanded on May 1, 2022, and lets direct descendants of people persecuted by the Nazi regime claim Austrian citizenship without giving up their current nationality, without paying government fees, and with no filing deadline.⁴ There is no generational limit. Children, grandchildren, great-grandchildren, and further descendants all qualify, and people adopted as minors count as direct descendants.⁵

Your ancestor qualifies as persecuted if they fit one of two profiles. The first covers people who left Austria because they feared or suffered persecution by the Nazi regime. They must have been Austrian citizens, citizens of a successor state of the former Austro-Hungarian monarchy, or stateless persons living in Austria before May 15, 1955. The category also includes women who lost their Austrian citizenship by marrying a foreign national shortly before leaving.⁵

The second category covers Austrian citizens who were living abroad between January 30, 1933 and May 9, 1945 and could not come to Austria, or return there, because they would have faced persecution. That includes people staying away because of Nazi persecution and those who would have been targeted for supporting Austrian democracy.⁵

Documents You Need to Gather

The paperwork is where applications live or die. You need to prove who you are, prove who your ancestor was, and prove every family link in between. Documents can be filed in German or English. Anything in another language needs a certified German translation plus either an apostille or diplomatic authentication.⁵

Your Own Papers

Current, unexpired passport.
Recent passport-standard photograph.
Original birth certificate.
Marriage certificate, divorce decree, or name change documentation if your surname has changed.
Criminal record certificate from your country of residence, no older than eight months when you submit.

In the United States, the criminal record certificate is an FBI Identity History Summary Check. It costs $18 whether you file electronically or by mail, and electronic submissions come back faster.⁶ Fingerprinting through a private vendor typically runs $10 to $30. Order it early in your preparation, but not so early that the eight-month clock runs out before your package is ready.

The Chain of Descent

You need birth certificates, marriage certificates, and where applicable paternity acknowledgments or adoption certificates for every generation between you and the persecuted ancestor.⁷ A great-grandchild is documenting three generations plus themselves. A missing certificate for one intermediate generation can stall the whole application.

Evidence About the Persecuted Ancestor

For the ancestor, you need proof of their former Austrian citizenship (or successor-state citizenship, or statelessness), their residence in Austria, and the persecution they faced or feared. Useful materials include old passports, Austrian residence registration records, deportation records, ship manifests, and immigration records from the destination country.⁵ If a document is missing, Austrian authorities may consult their own archives, and the National Fund of the Republic of Austria for Victims of National Socialism offers research assistance to applicants.⁸

Even though the Austrian government charges no filing fee under Section 58c, expect out-of-pocket costs. Apostilles from U.S. state offices generally run $10 to $26 per document. Certified translations cost roughly $20 to $50 per page. A multi-generation, multi-country package can reach several hundred dollars before it leaves your desk.

Where to File

The formal application is a declaration called an Anzeige, submitted with your full document package. If you live outside Austria, you file through the Austrian embassy or consulate general responsible for your area. The mission reviews the materials and forwards everything to Magistratsabteilung 35 (MA 35) in Vienna, which decides the case.⁵ Applicants already in Austria file directly with MA 35.⁸

Some embassies use an online questionnaire to screen eligibility and collect preliminary information before booking an appointment, so check the site of the mission that covers you. A lawyer is not required, though you can hire one at your own expense.⁹

How Long It Takes

Once the declaration reaches MA 35, review generally takes two to six months, depending on the complexity of the case and MA 35’s workload.⁵ Add transit time if you filed abroad. The biggest lever on speed is documentation. Every request from MA 35 for a missing certificate or a clarification effectively resets that portion of the review.

Dual Citizenship and How You Can Lose Austrian Status Later

Austria is unusually strict about dual nationality. As a general rule, an Austrian citizen who voluntarily acquires another citizenship loses Austrian citizenship automatically unless they received advance permission to keep it, and standard-route naturalization applicants are normally required to give up their previous nationality.³

Section 58c is a deliberate exception. If you obtain Austrian citizenship as a descendant of a Nazi persecution victim, you are not required to give up your existing nationality.⁹ Check your other country’s rules separately, though, since some nations revoke citizenship when their nationals acquire another.

The general loss rules still apply going forward. If you later naturalize in a third country without first obtaining a retention permit, you lose your Austrian citizenship automatically. A minor can also lose it if their Austrian parent acquires a foreign nationality, unless the other parent remains Austrian.³ Voluntarily joining a foreign military also triggers automatic loss, regardless of whether it would render you stateless.¹⁰

Military Service for Male Citizens

Male Austrian citizens aged 18 and older are subject to compulsory military service. The obligation requires you to register with your nearest Austrian embassy or consulate once you turn 17. If you live permanently outside Austria, you will not be called before an examination board while you remain abroad. Move to Austria, though, and you must register with your provincial military headquarters within three weeks of arrival, after which you will receive an examination summons.¹¹

Completing mandatory military service in your other country does not cost you Austrian citizenship. But any voluntary extension of that foreign service, even by a single day, results in automatic loss.¹⁰ The line between mandatory and voluntary is rigid.

After Approval: Certificate and Passport

When MA 35 approves your declaration, you receive a citizenship certificate called a Staatsbürgerschaftsnachweis. It is the official proof that you hold Austrian nationality.¹² You collect it from your Austrian embassy or consulate, or from MA 35 in Vienna.

With the Staatsbürgerschaftsnachweis you can apply for an Austrian passport. You must appear in person for identity verification, fingerprinting, and a signature, and you will need two passport photos, your citizenship certificate, your current foreign passport, proof of residence, and your birth certificate. U.S.-issued documents require an apostille. Appointments are mandatory; walk-ins are not accepted.¹³

The passport fee is €112 for adults and €44 for children under 12.¹⁴ Applications through an honorary consulate carry an added €30 surcharge. Processing runs six to eight weeks once all documents are received.¹³ With the passport you hold full EU citizenship rights, including the right to live, work, and study anywhere in the European Union.

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FBI. Identity History Summary Checks Frequently Asked Questions
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BMEIA. Declaration Pursuant to 58c of the Austrian Citizenship Act
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