Austrian citizenship is based primarily on the principle of Jus sanguinis. In other words, one usually acquires Austrian citizenship if a parent is Austrian, irrespective of place of birth.
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Birth in Austria does not in itself confer Austrian citizenship. However it may lead to a reduction in the residence requirement for naturalisation as an Austrian citizen. Foundlings under the age of 6 months are legally presumed to have Austrian citizenship.
A child born to Austrian parents is an Austrian citizen. If the parents are married at the time of birth, Austrian citizenship of either the mother or the father is sufficient, so long as the child was born after January 9, 1983. For children born prior to that date, the father must have been an Austrian citizen: children born to an Austrian mother married to a non-Austrian father do not qualify. If the parents are not married, however, a father cannot pass on Austrian citizenship, whereas a mother can.
Should the parents happen to marry at some time after the birth, citizenship is automatically granted to the child retroactively. If the child is over 14 at that time, however, the child's consent is needed.
It is possible to apply for Austrian citizenship by naturalization after 10 years of continuous residence in Austria. Additional requirements include:
This requirement can be waived in exceptional cases.
Naturalization as an Austrian citizen based on 10 years of continuous residence is discretionary.
The residence requirement may be reduced or waived in the following cases:
Some persons are entitled to Austrian citizenship by a simpler process than naturalization. Renunciation of foreign citizenship is almost always required.
Minor children of a person granted Austrian citizenship are most often granted Austrian citizenship as well.
This is so far the most restrictive law among all the European Union member countries about the foreign spouses obtaining the member state's citizenship.
A person who has lived in Austria for 30 years, or 15 years in cases of 'sustained personal and occupational integration', is entitled to grant of Austrian citizenship.
A stateless person born in Austria may be granted Austrian citizenship within two years of age 18 if he has lived in Austria for a total of 10 years, including 5 years continuously before application.
A citizen of a non-European Economic Area nation who accepts a position as a professor at an Austrian university or college of art acquires Austrian citizenship at that point.
The spouse and minor children of such a person normally acquire Austrian citizenship at the same time.
An Austrian citizen who acquires another citizenship by voluntary action automatically loses Austrian citizenship. The exception is in cases where permission to retain Austrian citizenship has been obtained in advance. In practical terms, this is quite difficult to obtain, since it needs to be in the interest of the republic of Austria to grant this dual citizenship.
Austrian citizenship is also automatically lost by serving in a foreign army.
Austrian law substantially restricts dual citizenship. In general, only the following categories of Austrian citizens may prossess a foreign nationality:
Between 13 March 1938 and 27 April 1945, German nationality law extended to Austria. Those acquiring Austrian citizenship upon the re-establishment of Austria generally lost German citizenship on that date.