ACQUISITION OF AUSTRIAN CITIZENSHIP BY DESCENT

Whether a child acquires Austrian citizenship does not depend on the place of birth (in Austria or abroad). The principle of descent applies to Austrian citizenship – this means that it depends on descent from at least one Austrian parent.

The decisive point in time for the acquisition of Austrian citizenship is the citizenship law applicable at the time of birth.

Different regulations apply to the acquisition of Austrian citizenship:

• If the parents were married at the time of birth and the child was born on or after 1st September 1983, then at least one parent must have had Austrian citizenship at the time of birth.

• If the parents were married at the time of birth and the child was born before 1st September 1983, the father must have had Austrian citizenship at the time of birth.

• If the parents were not married at the time of birth, the mother is required to have Austrian citizenship at the time of birth.

• If the parents were not married at the time of the birth, the mother was not an Austrian citizen at the time of the birth and the child was born on or after 1st August 2013, the father must have had Austrian citizenship at the time of the birth and must have recognised paternity before the birth or within eight weeks after the birth, or the paternity has been established by a court.

• If the parents were not married at the time of the birth but married when the child was a minor, the father is required to have Austrian citizenship at the time of the marriage (acquisition of Austrian citizenship through legitimisation).

For further information, including how to apply for dual citizenship, please contact one of our lawyers.

(c) Law Offices Dr. Schwank