Austrian citizenship by descent
Apply for Austrian citizenship by descent for families of Holocaust survivors
Austrian citizenship is highly coveted:
- An Austrian passport can be helpful when traveling to the EU, when acquiring companies in the EU or when investing in real estate in the EU (since Austria is an EU Member State).
- An Austrian passport can be helpful when traveling to countries outside of the EU (since an Austrian passport is one of the top ten passports worldwide and allows visa-free travel to approx. 190 destinations).
- Austria offers exceptional healthcare, education, infrastructure, and public safety. Vienna consistently ranks among the world's most liveable cities.
- Situated at the crossroads of Europe, Austria borders Germany, Italy, Switzerland, and six other nations, with a robust, export-oriented economy and political stability.
In September 2020 and in May 2022, two amendments to the Austrian Citizenship Act entered into force, which deal with Austria's historic responsibility (cf. sec. 58c of the Austrian Citizenship Act).
This allows the granting of Austrian citizenship to:
- victims of Nazi persecution; and
- (even more important today) their descendants.
The law provides for six cases, which are very casuistically defined.
Case 1
(cf. sec. 58c(1) of the Austrian Citizenship Act)
A descendant in direct line of an individual
- who had been:
- an Austrian citizen;
- a citizen of one of the successor states of the former Austro-Hungarian Monarchy (i.e., Hungary; Czechoslovakia; the Kingdom of Serbs, Croats and Slovenes; Poland; Romania; Italy; and the Ukraine); or
- a stateless person;
- who had his/her primary residence in Austria before 15 May 1955; and
- who had left Austria because he/she:
- had reason to fear, or had suffered, persecution by organs of the NSDAP (i.e., the National Socialist German Workers' Party) or the authorities of the German Reich; or
- had reason to fear, or had suffered, persecution because of his/her advocacy for the democratic Republic of Austria.
This provision also applies to a non-Austrian citizen, who lost Austrian citizenship in temporal proximity to his/her exit from Austria, because he/she acquired a foreign citizenship as a result of a marriage.
Is this your case? If yes, then click here for a quick assessment.
Case 2
(cf. sec. 58c(2)(1) of the Austrian Citizenship Act)
A descendant in direct line of an individual
- who had been an Austrian citizen;
- who had not had his/her primary residence in Austria between 30 January 1933 and 9 May 1945; and
- who would have had, in case of an entry (or a re-entry) into Austria for the purpose of setting up a primary residence, reason to fear persecution
- by organs of the NSDAP (i.e., the National Socialist German Workers' Party) or the authorities of the German Reich
- or because of his/her advocacy for the democratic Republic of Austria.
Is this your case? If yes, then click here for a quick assessment.
Case 3
(cf. sec. 58c(2)(2) of the Austrian Citizenship Act)
A descendant in direct line of an individual
- who had been an Austrian citizen; and
- who was deported out of Austria before 9 May 1945
- by organs of the NSDAP (i.e., the National Socialist German Workers' Party) or the authorities of the German Reich
- or because of his/her advocacy for the democratic Republic of Austria.
Is this your case? If yes, then click here for a quick assessment.
Case 4
(cf. sec. 58c(2)(3) of the Austrian Citizenship Act)
A descendant in direct line of an individual
- who had been:
- a citizen of one of the successor states of the former Austro-Hungarian Monarchy (i.e., Hungary; Czechoslovakia; the Kingdom of Serbs, Croats and Slovenes; Poland; Romania; Italy; and the Ukraine); or
- a stateless person;
- who had his/her primary residence in Austria before 9 May 1945; and
- who was deported out of Austria:
- by organs of the NSDAP (i.e., the National Socialist German Workers' Party) or the authorities of the German Reich
- or because of his/her advocacy for the democratic Republic of Austria.
Is this your case? If yes, then click here for a quick assessment.
Case 5
(cf. sec. 58c(4)(1) of the Austrian Citizenship Act)
A descendant in direct line of an individual
- who had been an Austrian citizen; and
- who perished (in Austria or abroad) before 9 May 1945 due to persecution
- by organs of the NSDAP (i.e., the National Socialist German Workers' Party) or the authorities of the German Reich
- or because of his/her advocacy for the democratic Republic of Austria.
Is this your case? If yes, then click here for a quick assessment.
Case 6
(cf. 58c(4)(2) of the Austrian Citizenship Act)
A descendant in direct line of an individual
- who had been
- a citizen of one of the successor states of the former Austro-Hungarian Monarchy (i.e., Hungary; Czechoslovakia; the Kingdom of Serbs, Croats and Slovenes; Poland; Romania; Italy; and the Ukraine); or
- a stateless person;
- who had his/her primary residence in Austria before 9 May 1945; and
- who perished (in Austria or abroad) due to persecution
- by organs of the NSDAP (i.e., the National Socialist German Workers' Party) or the authorities of the German Reich
- or because of his/her advocacy for the democratic Republic of Austria.
Is this your case? If yes, then click here for a quick assessment.
How can we assist you?
As Austria's largest law firm, we are uniquely set up to assist you:
- We have successfully advised a very large number of mostly Jewish families (some very prominent) as clients for an application based on sec. 58c of the Austrian Citizenship Act. As a result, we have a lot of experience as well as strong contacts to the competent authority in Vienna.
- We can help you with the collection of all required documents, and can assist you with the notarization of documents and the obtaining of apostilles. Sometimes, it might be necessary for us to retrieve essential documents to prove your case in various archives that we have access to.
- We utilize a modern IT workflow to make the whole process as easy and cost-efficient as possible for you.
- Finally, we can assist you should a negative decision be issued and an appeal become necessary - although nearly all of our cases were successfully closed in the past.
Frequently Asked Questions
What is this about?
In September 2020 and in May 2022, two amendments to the Austrian Citizenship Act entered into force, which deal with Austria's historic responsibility during World War II, and which make it possible for certain individuals to obtain Austrian citizenship in an extremely easy manner. The relevant provisions are contained in sec. 58c of the Austrian Citizenship Act and are very casuistic. They allow the granting of Austrian citizenship to two groups of applicants:
- Nazi victims; and
- their descendants in direct line.
Who qualifies as a Nazi victim?
There are six cases of Nazi victims. Some of these apply only to Austrian citizens, some only to citizens of one of the successor states of the former Austro-Hungarian Monarchy (Hungary; Czechoslovakia; the Kingdom of Serbs, Croats and Slovenes; Poland; Romania; Italy; and the Ukraine) and some only to stateless persons. The six cases are:
- Case #1 involves an individual who had his/her primary residence in Austria before 15 May 1955 and had to leave Austria because he/she had reason to fear, or had suffered, persecution by organs of the NSDAP or the authorities of the German Reich; or had reason to fear, or had suffered, persecution because of his/her advocacy for the democratic Republic of Austria.
- Case #2 involves an individual who had his/her primary residence outside of Austria between 30 January 1933 and 9 May 1945 and who would, in case of an entry (or a re-entry) into Austria for the purpose of setting up a primary residence, have had reason to fear persecution by organs of the NSDAP or the authorities of the German Reich; or because of his/her advocacy for the democratic Republic of Austria.
- Case #3 involves an individual who was deported out of Austria before 9 May 1945 by organs of the NSDAP or the authorities of the German Reich; or because of his/her advocacy for the democratic Republic of Austria.
- Case #4 involves an individual who had his/her primary residence in Austria before 9 May 1945 and was deported out of Austria by organs of the NSDAP or the authorities of the German Reich; or because of his/her advocacy for the democratic Republic of Austria.
- Case #5 involves an individual who perished (in Austria or abroad) before 9 May 1945 due to persecution by organs of the NSDAP or the authorities of the German Reich; or because of his/her advocacy for the democratic Republic of Austria.
- Case #6 involves an individual who had his/her primary residence in Austria before 9 May 1945 and perished (in Austria or abroad) due to persecution by organs of the NSDAP or the authorities of the German Reich; or because of his/her advocacy for the democratic Republic of Austria.
Who qualifies as a descendant in direct line?
The term descendant in direct line comprises a son, daughter, grandson, granddaughter, great-grandson, great-granddaughter etc., but also an adoptive child (who was adopted when he/she was still a minor). There is no limit in terms of the number of generations between a Nazi victim and the descendant.
Why should I get Austrian citizenship?
- Austria is one of the most attractive countries to live in, due to economic and political stability, a high standard of living, a clean and safe environment, excellent infrastructure, famous skiing resorts, good schools and a reliable healthcare system.
- Even if you don't want to live there, Austria is a member state of the European Union (EU). As an Austrian citizen you can: travel to any EU country; work in any EU country; acquire a business in any EU country; or invest in real estate in any EU country.
- Finally, the Austrian passport is one of the top ten passports worldwide and allows visa-free travel to approx. 190 destinations.
Do I need to live in Austria?
An applicant for citizenship under sec. 58c of the Austrian Citizenship Act does not need to have had his/her residence in Austria for a minimum number of years, as would normally be the case.
Do I need to give up my non-Austrian citizenship?
An applicant for citizenship under sec. 58c of the Austrian Citizenship Act does not have to give up his/her non-Austrian citizenship, as would normally be the case.
Do I need to speak German?
An applicant for citizenship under sec. 58c of the Austrian Citizenship Act does not have to provide proof of sufficient German language skills, as would normally be the case.
Do I need to pass a citizenship test?
An applicant for citizenship under sec. 58c of the Austrian Citizenship Act does not have to provide proof of a basic knowledge of the democratic system and the history of Austria, as would normally be the case.
Do I need to pay taxes in Austria?
Obtaining Austrian citizenship as such does not lead to Austrian comprehensive income tax liability. Only by establishing a physical nexus to Austria would you become a tax resident.
Do I need to do military service in Austria?
While Austria has compulsory military service for males, this normally does not apply to a person who habitually resides in, and is a citizen of, another country.
Are you eligible?
We have prepared a brief questionnaire to determine your eligibility under sec. 58c of the Austrian Citizenship Act. Please press the button below to start, and then answer all questions to the best of your knowledge.
Or write to us directly
If you would rather describe your case in your own words, or you have a question the questionnaire does not cover, send it here.
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