As in many other European countries, Austria's citizenship rules are based on blood (jus sanguinis). A child is considered Austrian if at least one of their parents is Austrian, irrespective of place of birth.
In theory, this should be a simple concept. But, in Austria, it can get tricky depending on the year a child was born, whether the mother or the father is an Austrian citizen and whether or not they were married at the time of birth.
READ ALSO: EXPLAINED: How to get Austrian citizenship or stay permanently in Austria
Here is a simple guide to understanding how Austrian citizenship by descent works, who is entitled to it and how to apply.
Children born to married parents
A child that was born in wedlock, meaning that their parents were married at the time of birth, is entitled to Austrian citizenship by descent if at least one of the parents is an Austrian citizen at the time of the child's birth.
However, children born before September 1983 are only entitled to Austrian citizenship if the father is Austrian. This is because, before a change in the law, the country considered that the woman would automatically "take" the citizenship of her married partner.
Things are the opposite for unmarried partners.
Children born to unmarried parents
A child that was born out of wedlock can obtain Austrian citizenship by descent if the mother is Austrian at the time of the birth.
Since August 2013, children born to unmarried parents can obtain Austrian citizenship if the father is Austrian, and an acknowledgement of paternity is made within eight weeks of the child's birth.
In all cases where recognition of fatherhood or the determination by the court is done after his timeframe, children may be awarded Austrian citizenship by award in a simplified procedure. However, this means that the child will still have to go through specific requirements for naturalisation.
READ ALSO: EXPLAINED: How to apply for Austrian citizenship
Adopted children
Children of adoptive parents can obtain citizenship through a simplified and accelerated award process up to 14.
When things get tricky(er)
Things get a little bit more complicated if a person is trying to acquire Austrian citizenship by descent from a distant ancestor.
This is because they will need to prove that every person in the "bloodline" is entitled to Austrian citizenship, following the rules and considering the year.
For very distant relatives, with many family members born before 1983, each person must have been born either to married parents with an Austrian father or unmarried parents with an Austrian mother.
A birth, marriage, and death certificate (when available) will have to be shown for each relative in the Austrian bloodline. Additionally, the State will require proof that none of the persons has renounced Austrian citizenship before the birth of a son or daughter.
READ ALSO: How foreigners can get fast-track citizenship in Austria
Finally, there is an issue of whether the ancestor really was Austrian at all.
Between 1867 and 1918, Vienna was one of the capitals of an immense empire, the Dual Monarchy of the Austro-Hungarian empire.
The territory extended through what is now Austria and Hungary but also Slovenia, the Czech Republic, parts of Italy, Croatia, Serbia, parts of Poland, Romania, Ukraine, and Montenegro.
After the First World War, the Austro-Hungarian empire was dissolved. But, then, not all people who first considered themselves Austrians still kept Austrian citizenship. Thus, it is not uncommon for families that believe a grandfather came from Austria to find out they actually were Romanian or Polish, for example.
How to apply for it?
If you are entitled to Austrian citizenship by descent, there are several ways to apply for it, depending on your residency. For people who live outside of Austria, the Embassy or consulate is the place to go.
For those who live in Austria, the provincial government's office is where you can get more information and submit the documents.
Exceptions and different rules
In 2020, the Austrian federal government introduced an amendment to the Austrian Citizenship Act also to allow descendants of victims to apply for dual citizenship and become citizens in a simplified process.
All former Austrian citizens who were forced to leave before 15th May 1955 can apply for dual citizenship. This includes citizens of successor states of the former Austro-Hungarian Monarchy who were residents in Austria.
READ ALSO: How descendants of victims of Nazism can apply for Austrian citizenship
The law extends to their children, grandchildren and great-grandchildren, including those that were adopted as a child.
Dual citizenship
In general, Austria does not allow for dual citizenship. Therefore, when people naturalise Austrian, one requirement is to renounce other citizenships.
READ ALSO: Austrian citizenship: Do you really have to renounce your original nationality?
However, people who acquire citizenship by descent do not have to renounce other citizenship. If, in the case of parents of different nationalities, the country of citizenship of the non-Austrian parent also foresees a jus sanguinis (citizenship "by blood" like Austria), the child will have dual citizenship.
According to Austrian law, the child does not have to decide between Austrian and the other nationality upon becoming an adult – the other State might require such a decision.
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