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READER QUESTIONS

Reader question: Will my children get an Austrian passport if born in Austria?

Having an Austrian passport can bring many advantages, including rights to stay in the country and to vote in national elections, but are children born and raised here entitled to it?

Austria flag on field
An Austrian flag flies above a green meadow. Photo: TOBIAS SCHWARZ / AFP

Austria is one of the many European countries that adopt citizenship rules based on jus sanguinis, meaning that Austrian nationality is passed on by blood, not by territory.

Other countries also accept citizenship based on territory, so a person born in the United States or Brazil, for example, is considered an US or Brazilian citizen.

Both countries also accept “blood citizenship”, so a child born in New York to Austrian parents will be entitled to both citizenships (American and Austrian) based on US law.

It is not the same in Austrian law. The alpine country does not recognise citizenship jus soli, meaning that being born in Austria does not make a person Austrian.

If none of the parents of this child is an Austrian citizen at the time of birth, the child does not obtain Austrian citizenship either. Instead, they will receive whichever nationality their parents hold, following the parent’s country’s rules.

For example, a child of Turkish immigrants that is born in Austria will be Turkish even if their parents have been legally residing in Austria for years and were born here themselves.

Naturalisation process for people born in Austria

One alternative for people born in Austria to receive an Austrian passport is by going through a naturalisation process.

READ ALSO: COMPARE: Which EU countries grant citizenship to the most people? 

They will still need to fulfil specific requirements, but many will be easier for children born and raised here. For example, children who have six years of legal and uninterrupted residence in Austria and birth in Austria can already apply for citizenship instead of waiting for 15 or even 30 years of legal residence in some cases.

Many other points, including proof of knowledge of German at level B2 or five years of marriage to an Austrian, will also allow people who have been legally and uninterruptedly living in Austria for six years to apply for citizenship early.

Besides that, children born here have an “easier” path to citizenship in certain requirements. For example, those younger than 14 years old don’t need to submit proof of German language skills.

Kids will likely have less trouble proving they’ve had no problems with the law, administrative violations, and that they are not a threat to Austrian security.

READ ALSO: EXPLAINED: How to get Austrian citizenship or stay permanently in Austria

However, they will need to renounce their previous citizenship. If not possible because of the other country, they will be asked to do so, or to “choose a citizenship”, once they turn 18.

Which children born in Austria are automatically Austrians?

Children automatically become Austrian citizens at birth if their mother is an Austrian citizen. The same applies to children whose parents are married if only the father is an Austrian citizen.

In cases where a child’s parents are not married, and only the father is Austrian, the child acquires citizenship by origin if the Austrian father either acknowledges paternity after eight weeks of the baby’s birth or if the paternity is acknowledged or proven by the court.

In these cases, when the child has parents of different citizenships, Austria allows for dual citizenship.

Whereas in a naturalisation process, the child will need to give up their other passports to become Austrian, if they have an Austrian mother and a British father, for example, they can keep both, according to Austrian law.

What can I do if I want my child to be a dual citizen?

One thing many parents do if they want their child to become Austrian and keep another citizenship is naturalising themselves before the baby is born.

The parent who naturalises Austrian will lose his or her previous citizenship, but the child will then be born to an Austrian and a foreign parent and therefore be entitled to inherit and keep both.

READ ALSO: How can I apply for dual citizenship in Austria?

For example, two American parents living in Austria could have an American-Austrian child if one of them naturalises before the baby’s birth. Provided, of course, they themselves fulfil the criteria for naturalisation.

A child could even hold multiple nationalities if they were all “by blood”

The child of a Brazilian-Italian father and an Austrian mother, for example, would be entitled to all three passports. They would not need to lose any citizenship – not even when turning 18.

Austria provides for loss of citizenship in just a few cases, though, including when a person voluntarily joins another country’s military service.

READ ALSO: EXPLAINED: Am I eligible for Austrian citizenship?

How much does it cost?

Austrian citizenship is not easy to get. Besides the difficulty to fulfil criteria, and the need to renounce other citizenships, it is one of the more costly processes in the EU.

The application itself costs around € 130, and you can expect to pay between €1,100 and € 1,500 if you are granted citizenship.

That is only for the process itself, which does not include any legal assistance you might procure or the translation and certification of documents.

READ MORE: How much does it cost to become an Austrian citizen?

Follow-up costs, like for the actual passport, are also not included. Don’t worry, though. For this sort of cash, Austria takes credit cards.

Useful vocabulary

Staatsbürgerschaft – citizenship
minderjährige Personen – minors
Voraussetzungen – prerequisites
bestimmten Zeitraum – specific period of time
Nachweis von DeutschKenntnissen – Proof of knowledge of German

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For members

AUSTRIAN CITIZENSHIP

Austrian citizenship: Can you be rejected because of a driving offence?

Naturalisation processes may be on the rise in Austria, but citizenship is still hard to get, and any mistake could mean you miss out on the opportunity. Here's what you need to know.

Austrian citizenship: Can you be rejected because of a driving offence?

Becoming a citizen of another country is a big decision, especially in a country with many requirements, rules and fees like Austria. For example, in order to apply for naturalisation, you need to have lived in Austria for at least six years (or up to ten in some cases) and must meet another range of criteria.

The requirements fall into several broad categories, one of which is that you must have no criminal convictions and there are no pending proceedings against you.

READ ALSO: EXPLAINED: Who is entitled to Austrian citizenship by descent and how to apply for it?

Additionally, people who have received one or more administrative penalties in Austria are also barred from applying for at least five years if at least one of those penalties incurred fines of more than €1,000.

Administrative violations include drinking and driving, running a red light or stop sign and, yes, speeding. If your speeding fine totalled more than €1,000, – meaning you have likely been well beyond the speed limit – you need to pay it and wait five years before applying for citizenship. 

How high are speeding fines in Austria?

There are no specific amounts that people need to pay for each offence. Instead, the law stipulates a range, and a judge will decide on a case by case basis.

Exceeding the maximum speed limit will result in a fine from €300 to €5,000 with the amount depending on aggravating factors such as how far above the speed limit the driver was and whether they had previous speeding offences.

READ ALSO: Does Austria have a street car racing problem?

Other offences that can lead to fines of more than €1,000 include driving with an alcohol content above the limit, driving in dangerous conditions such as by participating in illegal street races, failing to stop to provide assistance after a traffic accident and others. 

Other requirements

Being “blameless” is just one requirement for naturalisation in Austria. The applicant must also prove that they speak German to an adequate degree and that they are integrated (they need to show a German certificate and pass a citizenship test).

Additionally, you are barred from applying for citizenship if you have received minimum income support for more than 36 months within the last six years. 

You (or your partner) also need to have a regular income at the moment of application that “sufficiently secures your livelihood”. For a single person living alone, this means your net monthly income minus regular monthly expenses (such as rent and loan payments) needs to be higher than €1,030.49 (2022 numbers).

If the person has one child, the amount goes up to €1,189.49.

READ ALSO: How much do you need to earn for a good life in Austria?

Those are very high standards in a country where the average net income is €2,161.99 and rent for a one-bedroom apartment in the Vienna city centre averages €915. Furthermore, there are also costs to the citizenship process. In the capital, people can expect to pay between €1,200 and €1,500 for the bureaucracy – not adding values for any translation needed, for example.

Finally, a significant requirement, one that certainly puts off many, is that the person naturalising must give up their original citizenship. This is because Austria will only accept dual citizenship after naturalisation in extremely rare cases.

READ ALSO: Austrian citizenship: Do you really have to renounce your original nationality?

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