Can you claim Austrian citizenship through a parent?
Citizen by descent (§7)
Austrian citizenship can pass from a parent, depending on your birth date and the rules at the time. Outside the persecution route, Austria generally expects you to give up your other citizenship.
What would settle itWhether your parent was still an Austrian citizen when you were born, and whether you would seek a retention permit to keep your other citizenship.
- A child acquires citizenship at birth if a parent is an Austrian citizen (with rules for children of unmarried parents and births before 1983 that turn on the father's status). Nationality Act (StbG) §7: acquisition by descent
- Austria generally requires giving up another citizenship on voluntary acquisition, so a parent who naturalized elsewhere may have lost Austrian citizenship first. Nationality Act (StbG) §27
- Outside the §58c persecution route, keeping your home citizenship alongside Austrian citizenship acquired under §7 requires a retention permit (Beibehaltungsgenehmigung) granted before the second citizenship is taken; without one, Austria expects the other citizenship to be given up. Nationality Act (StbG) §28: retention of citizenship on acquiring a foreign one
What changes the answer
- LIKELYIf your ancestor fled Nazi persecutionDeclaration under §58c
Descendants of people persecuted by the Nazi regime who lived in Austria and left before 15 May 1955 become Austrian by declaration, in any generation. No move, no language test, and you keep your other citizenships.
If your ancestor fled Nazi persecution, 3 more cases
- POSSIBLEIf you have a criminal conviction or charges pending
The declaration carries the ordinary character conditions: no final conviction, in Austria or abroad, for an intentional offence punished with imprisonment (if the act is also a crime in Austria), no pending Austrian criminal case for such an offence, and none of the facts listed in the Aliens Police Act, which include some administrative penalties: the Vienna Administrative Court upheld a refusal over one unexpunged fine for illegal employment (VGW-152/022/12944/2022). Nationality Act (StbG) §58c: citizenship for victims of Nazi persecution and their descendants, §58c(1) and (3) with §10(1) Z 2-6 and 8 and §10(2) Z 1 and 3-7
- POSSIBLEIf your ancestor left Austria before 1933
Whether a departure before 1933 can be tied to persecution; the Vienna Administrative Court has granted a 1929 departure on an objective group-risk standard after the ministry refused (VGW-152/099/8098/2023).
- POSSIBLEIf your ancestor left Austria in 1956 or later
The §58c route requires the ancestor to have left Austria before 15 May 1955; a later departure needs a closer look.