Citizenship law

• By descent, conferral, or application
• By naturalization after residence: As a general rule, citizenship may be granted after 10 years of lawful and uninterrupted residence, including at least 5 years of permanent residence. Under certain conditions—such as advanced German language skills (B2 level)—naturalization may be possible earlier.
• Extensive documentation requirements: Applicants must provide detailed information on residence status, travel history, income, housing situation, and family status.
• Impact of administrative penalties: Even minor administrative offenses may negatively affect the application.
• Importance of careful preparation: Incomplete or inconsistent applications can lead to delays or additional requests from the authorities.
• We ensure that your application is thoroughly prepared, meets all legal requirements, and is processed as efficiently as possible.

Obtaining Austrian citizenship by naturalization involves strict legal and administrative requirements. We assist you with:

• Verifying eligibility requirements, including lawful residence, secure means of subsistence, and integration criteria
• Preparing a complete and accurate application
• Communication with the competent authorities (e.g. MA 35 in Vienna or the respective provincial authorities)
• Legal representation in the event of delays, complications, or rejections

If you have lost your Austrian citizenship, it may be possible to apply for its re-acquisition under certain conditions. This applies in particular to:

• Former Austrian citizens who have acquired a foreign nationality
• Individuals who were mistakenly treated as Austrian citizens (“putative citizens”)

We assess your individual situation and guide you through the entire process, drawing on extensive experience in handling complex and uncommon cases.

Descendants of persons persecuted during the Nazi era may, under certain conditions, acquire Austrian citizenship by declaration pursuant to § 58c of the Austrian Citizenship Act (StbG).

This procedure differs significantly from standard naturalization or re-acquisition processes. We advise you on eligibility, assist in gathering and structuring historical evidence, and guide you through the entire procedure efficiently until citizenship is granted.

If it is unclear whether a person holds or has lost Austrian citizenship, this can be clarified through a formal determination procedure. This is particularly relevant for:

• Individuals with Austrian ancestry who were born abroad
• Children of Austrian parents who may be eligible for dual citizenship
• Individuals whose legal status is uncertain due to historical developments

We assist you in preparing and submitting the application and guide you through all necessary legal steps.

As a general rule, Austrian law does not permit dual citizenship. Austrian citizens who acquire a foreign nationality typically lose their Austrian citizenship unless prior permission to retain it has been granted.

As each case requires an individual assessment, we support you with:

• Assessing whether dual citizenship is possible in your specific situation
• Preparing and submitting an application for retention of Austrian citizenship
• Representing you before the competent authorities and in administrative proceedings

We help you navigate the legal framework, avoid common pitfalls, and maximize your chances of a successful outcome.

Although Austrian law generally does not allow dual citizenship, there are important exceptions:

• Children of Austrian and foreign parents: If a child acquires both citizenships at birth, dual citizenship may be retained under certain conditions.
• Individuals with exceptional merits: Persons who have rendered outstanding services to the Republic of Austria may be granted citizenship without the requirement to renounce their existing nationality.
• Descendants of victims of National Socialism: Individuals whose ancestors were persecuted by the NSDAP or by authorities of the German Reich may acquire Austrian citizenship without being required to renounce their current citizenship.

Questions regarding Austrian citizenship often arise where parents hold different nationalities. In Austria, a child’s citizenship is generally determined by the citizenship of the parents, with the legal situation at the time of birth being decisive.

• If one parent is an Austrian citizen, the child typically acquires Austrian citizenship at birth. Depending on the circumstances, this may result in dual citizenship.
• As a general rule, Austrian law seeks to limit dual and multiple citizenship. The acquisition of a foreign citizenship may lead to the automatic loss of Austrian citizenship unless specific legal exceptions apply. It is therefore essential to establish legal certainty at an early stage in order to avoid unintended consequences.
• Similar issues may arise where foreign legal systems provide for the acquisition of citizenship through marriage or descent.

• By descent (regardless of place of birth): A child automatically acquires Austrian citizenship if at least one parent is an Austrian citizen and legal parentage is established.
• Dual citizenship at birth: In certain cases, a child may acquire and retain multiple citizenships if the law of the other parent allows for it.
• Changes in legal parentage: Where citizenship is affected by marriage, acknowledgment of paternity, or similar legal acts, an individual legal assessment is required.

As national citizenship laws often overlap, a single case may be subject to multiple legal systems. A thorough legal assessment is therefore essential to avoid complications or the unintended loss of citizenship rights. RIHS supports you with:

• Assessing the citizenship laws applicable to your child
• Clarifying dual citizenship issues and preparing the necessary applications
• Assisting in citizenship determination procedures

Careful legal analysis and proper documentation are key to ensuring legal certainty and preventing future complications.