Dual Citizenship for Germans and Austrians – English Version

Dual Citizenship for Germans

Recent Changes in German Citizenship Law

The Law for the Modernization of Citizenship Law (StARModG) has come into effect on June 27, 2024. This new law allows multiple citizenships, removing the need for a citizenship retention permit when acquiring a foreign citizenship. As of this date, acquiring foreign citizenship by application will not result in the loss of German citizenship

Restoring Citizenship Due to Nazi Persecution (Article 116)

Article 116 of the German Basic Law provides automatic naturalization (restoration) of German citizenship for Nazi victims who lost their citizenship on political, racial, or religious grounds between 1933 and 1945. This provision applies not only to those directly affected but also to their descendants. It addresses the injustices faced during the Nazi regime by ensuring that the rights of those deprived of citizenship are restored to them and their descendants.

Reclaiming Citizenship for Nazi Victims and Descendants (Section 15)

Section 15 of the German Citizenship Law focuses on the restoration of German citizenship to individuals, whose ancestors lost their citizenship due to Nazi persecution, but who do not qualify for Article 116. With the amendment to the German Citizenship Law on August 20, 2021, Nazi-persecuted individuals and their descendants can have their citizenship reinstated if they can prove that the loss was due to persecution, fear of persecution, fear of impoverishment, fleeing or acquiring foreign nationality through marriage. This opportunity extends to their descendants, offering a chance to reclaim their German citizenship and rectify past injustices.

German Citizenship by Declaration (Section 5)

Section 5 of the German Citizenship Law enables individuals born after May 23, 1949, to acquire German citizenship by declaration if they were previously excluded due to gender-discriminatory laws. This applies to children born in wedlock before 1975 to a German mother and foreign father or out of wedlock before 1993 to a German father and foreign mother. It also includes those whose mothers lost citizenship due to marrying a foreigner before 1953 and their descendants. Applicants must prove eligibility and German ancestry. For applicants born before May 23, 1949, or whose German parent could not pass on citizenship to them due to gender discrimination, or whose parent lost citizenship before their birth, an application under Section 14 German Citizenship Law may apply. Please refer to Section 14 below for details.

German Citizenship by Residing in Germany

Naturalization (in German “Einbürgerung”) while living in Germany is the process by which foreign nationals can become German citizens. This typically requires a certain period of residence (at least five years), proficiency in the German language as well as other criteria.

German Visas

We can assist our clients with general information for German visas and refer you to a competent legal advisor in Germany.

Regaining German Citizenship Lost On or After January 1, 2000 (Section 13)

From January 1, 2000 until June 27th, 2024 any German citizen seeking to obtain another citizenship by application was required to first obtain a German citizenship retention permit (in German “Beibehaltungsgenehmigung”). Without this permit, you would have lost your German citizenship on the day you became naturalized in another country. However, you can be re-naturalized. You need to prove, among other things, that you would have received the permit, had you applied for it in time, and that you obtained another country’s citizenship before June 27th 2024.

Regaining German Citizenship Lost Before January 1, 2000 (Section 13)

If you lost your German citizenship before January 1, 2000, because you applied for another country’s citizenship, you can be re-naturalized if there is a public interest for the country of Germany, among other requirements. The requirement to reside in Germany is waived. Private interests are also given credit, but are not a determinative factor. Other requirements include knowledge of the German language, continuous close ties to Germany and ability to financially support yourself. The benchmark for an approval is extremely high.

German Citizenship for Foreign Nationals Abroad (Section 14)

Section 14 of the German Citizenship Law (StAG) allows for naturalization of foreign nationals living abroad under special circumstances. Applicants must show strong ties to Germany, such as through family connections or frequent visits, and must meet requirements like financial independence, language skills (level B1), and a clean criminal record. This process is discretionary. Each case is assessed individually to determine if naturalization is in Germany’s public interest, therefore the benchmark for an approval is extremely high. Section 14 also applies to individuals born before May 23, 1949, whose German parent could not pass on citizenship due to gender discrimination, or whose parent lost German citizenship before their birth.

Dual Citizenship for Austrians

Austrian Citizenship by Descent (Section 7)

Based on Section 7 of the Austrian citizenship act, citizenship can be acquired by descent if one or both parents were Austrian citizens at the time of the applicant’s birth. This right to citizenship applies regardless of where the birth occurred. If only the father is an Austrian citizen and the child is born out of wedlock, paternity must be legally established before the child turns 14 to claim citizenship.

Austrian Citizenship by Residing in Austria (Section 11a)

Foreign nationals may apply for Austrian citizenship through naturalization after meeting specific resident requirements, usually ten years of continuous lawful residence. This period may be reduced for former Austrians or those demonstrating exceptional integration, such as advanced German language proficiency or strong cultural ties to Austria. Stateless persons, particularly those born in Austria, are eligible for a facilitated naturalization process, reflecting Austria’s commitment to addressing statelessness. Applicants must also meet additional criteria, including proof of financial independence, a clean criminal record, and demonstrated knowledge of Austrian culture and laws.

Austrian Citizenship by Investment

Austria offers a citizenship option for applicants who make significant, active investments in the Austrian economy under Section 10(6) of the Austrian Citizenship Act. This program requires substantial financial contributions, amounting to at least 1 million Euros, in projects that directly benefit the national economy, such as job creation or innovation. Unlike passive investment programs found in other countries, Austria’s approach mandates active involvement in economic ventures that align with Austria’s public interest.

Austrian Citizenship for Descendants of Nazi-Persecuted Victims (Section 58c)

Under Section 58c of the Austrian Citizenship Act, descendants of applicants persecuted by the Nazi regime are eligible for Austrian citizenship. This provision, enacted as a form of restitution, allows descendants (e.g., children, grandchildren, and further lineal descendants) of those who fled Austria due to persecution before May 15, 1955, to reclaim Austrian citizenship without the need to renounce their current nationality. This measure acknowledges historical injustices, providing these families with an opportunity to reestablish ties to Austria.

Austrian Citizenship by Re-Acquisition (Section 10)

Austrian citizenship can be restored to applicants who lost it due to acquiring a foreign nationality, but this process is selective. Applicants must demonstrate close ties to Austria and meet other criteria such as language proficiency and financial independence. Restoration is typically considered when there is a significant public or private interest in reinstating the citizenship.

Austrian Citizenship by Marriage

Foreign spouses of Austrian citizens may apply for Austrian citizenship after a qualifying period of legal residence in Austria and demonstration of integration into Austrian society. The period of residence may be reduced depending on the duration of the marriage and time spent living together in Austria. Applicants are expected to have German language proficiency and knowledge of Austrian cultural and legal norms. This provision supports family unity by allowing foreign spouses to share Austrian nationality with their partners.

Austrian Citizenship by Award

Foreign nationals who have made exceptional contributions to Austria, often in the fields of science, culture, or business, may be granted Austrian citizenship in recognition of their achievements. This honor, granted at the government’s discretion, is typically reserved for applicants whose work is deemed to be of significant national interest. Award-based citizenship serves as a mark of appreciation for those who enhance Austria’s reputation and cultural heritage.

Dual Citizenship Rules

Austrian law generally does not permit dual citizenship, but certain exceptions apply. To retain Austrian citizenship when acquiring another nationality, applicants must first apply for a retention permit (Beibehaltung) under Section 28 of the Austrian Nationality Act (Staatsbürgerschaftsgesetz) before obtaining the foreign nationality. Without this permit, Austrian citizenship is automatically lost.

Application for a Citizenship Certificate

The Austrian Citizenship Certificate serves as formal proof of citizenship and may be necessary for various legal processes, such as passport applications or re-establishing citizenship rights. Applicants applying for this certificate must submit original documentation verifying their citizenship, typically at an Austrian embassy or consulate if residing abroad, or at a citizenship office within Austria. Certificates require documents to be authenticated (e.g., with an Apostille) and, if issued in languages other than German, translated by certified translators to meet Austrian legal standards.

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