Citizenship for survivors of persecution by organs of the NSDAP or the Authorities of the Third Reich and their descendants.
It has so far been regulated in § 58c (1) Penal Code that a foreigner acquires citizenship by notification if he/she went abroad as a citizen with main residence in the Federal territory before 15 May 1955, because he/she had to fear persecution by organs of the NSDAP or the Authorities of the Third Reich or because he/she had been exposed to persecution because of his/her standing up for the democratic Republic of Austria or had to fear such persecution. It does not matter if the foreigner has meanwhile acquired another citizenship so that dual citizenship is possible. In addition to directly persecuted persons, § 58c para 1a will further provide a basis for the claim for descendants of persecuted persons for the acquisition of the Austrian citizenship by notification from 01.09.2020.
Acquisition of the citizenship of Austria for descendants of Holocaust victims
Prerequisite for the acquisition of citizenship is providing notification of the requirements to the authority. In doing so, the descendants of the persecuted persons must prove by means of unobjectionable documents or other suitable and equivalent certificates that they are descendants in the direct descending line of a person who has acquired or could have acquired citizenship in accordance with § 58 (1) Penal Code.
If the conditions are met, the authority must issue a written decision that the intervening person has re-acquired his/her citizenship with the day the notification was received.
The person must also prove that the requirements of § 10 (1) items 2 to 6 and (2) items 3 to 7 are met, namely:
- No conviction by a domestic or foreign court for intentional acts leading to imprisonment
- No conviction by a domestic court for a financial offense
- No criminal proceedings for intentional or financial offenses pending
- No significant damage to the international relations of the Republic of Austria
- Affirmative attitude to the Republic of Austria and no danger to public peace, order and security
- No such relationship with foreign states that interests of the Republic of Austria would be harmed
- No entry bans, etc. according to the law on foreigners
- No residence termination procedure pending
- No residence ban
- No return decision
- No close relationship to extremist or terrorist groups
Attorney at law | Austrian citizenship | Austria | Lawyer
Attorney at law Dr Öhlböck provides advice for you regarding austrian citizenship and represents you at court and before authorities in Austria.