Austrian citizenship for victims of the Nazi regime
Austrian citizenship for victims of the Nazi regime
You want to apply for Austrian citizenship and don’t know whether you qualify for one of the exceptions?
Does the Austrian government provide exceptions for victims of the Nazi regime and their relatives?
How do I qualify for this?
With this article we want to help you answer all the questions you may have about acquiring the Austrian citizenship and the exception for granting Austrian citizenship to victims of the Nazi regime and their relatives.
If you have any questions about acquiring Austrian citizenship, Austrian citizenship as a dual citizen or want to know which documents you need to apply for Austrian citizenship, click through our articles on this topic:
Granting of citizenship to those persecuted by the Nazi regime
The state of Austria allows all people who were actively persecuted by the Nazi regime and the German Reich before 1955 and who therefore had to flee Austria to apply for Austrian citizenship simply by filing a complaint. Relatives and descendants of former victims of persecution can also apply for citizenship.
Since September 2019, it has also been made easier for former victims of the Nazi regime to obtain Austrian citizenship by filing a complaint.
From September 2020, it will also be easier for relatives of former victims of the Nazi regime to obtain Austrian citizenship.
The application can be easily submitted via the "MA35" and the costs for the application itself are covered by the Austrian state.
Who can apply for citizenship?
If you had to leave Austria because you were persecuted by institutions of the NSDAP or by authorities of the Third Reich, or if you were persecuted because you supported the democratic Republic of Austria, you may apply for Austrian citizenship.
It is sufficient if the persecution was only feared
and did not actually take place.
The departure or escape
must have taken place before the 15th of May 1955.
Also direct decendants of persecuted people may apply for citizenship.
Do you have to have had Austrian citizenship before the persecution?
Yes.
In principle, the person applying for citizenship (or their direct ancestors) must have had Austrian citizenship at the time of their escape. However, this also includes citizens of a successor state to the Austro-Hungarian monarchy and stateless persons, as long as they were residents in Austria.
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Requirements
1. Direct descendant
of a persecuted person
2. Departure
of the persecuted before the 15th of May 1955
3. There is no ban on residence, there is no procedure for terminating residence in Austria or in an EEA state or Switzerland
4. No Expulsion from Austria in the last 18 months
5. No Criminal Record and there are no active proceedings against you
6. You have no
frequent or severe administrative offenses
committed
7. Relations with other states are not contrary to Austria’s interests
and you have no extremist or terrorist group
ties
What is a direct descendant?
A direct descendant is someone in a direct descending line from the ancestor.
This means you are a child, grandchild, great-grandchild, and so to a person or an adopted child,
who was adopted when he or she was a minor.
Checklist documents - persecuted person himself
This list is not complete. Depending on the case, the authorities may require other documents.
1. Passport photo
2. Birth certificate
3. All Marriage certificates, certificates of registered partnerships, all legally binding divorce decrees, all death certificates
4. If a name change has occurred: Evidence of name change, for example notices
naturalisation certificates or other documents concerning the acquisition of other nationalities
5. Valid passport
6. Proof
about the previous ownership of the Austrian citizenship
or the citizenship of a successor state
of
the Austro-Hungarian Monarchy or statelessness
7. Documents about the persecution suffered
or that there was reason to fear such a persecution
8. Documents on the main residence in Austria
and about when the departure abroad took place
9. Current print of the criminal record
from the country where your main residence is
Other important information
If you are younger than 14 years old, you do not need a criminal record check.
If your main residence is in Austria or Germany, you need no print of the criminal record.
The criminal record extract from the USA
must be issued by the FBI.
The criminal record print out may not be older than 8 months
when submitted.
All documents
must be presented in original and copy.
If your documents are in a language other than German or English, you will also need a
German translation.
This translation must be done by a
court-certified interpreter.
International documents do not need to be translated.
Many foreign original documents must be accompanied by either a
diplomatic authentication or with an apostille
Both confirm that your documents are genuine.
Checklist documents - direct descendant
This list is not complete. Depending on the case, the authority may require other documents.
1. Passport photo
2. Birth certificate
3. All Marriage certificates, certificates of registered partnerships, all legally binding divorce decrees, all death certificates
4. Evidence of name change,
for example notices, naturalisation certificates or other documents concerning the acquisition of other nationalities
5. Valid passport
(in the case of application for minors, also the legal guardians)
6. Current print of the criminal record
from the country where your current main residence is
7. All certificates, that define the relationship
to the person who was persecuted
In addition, documents of the persecuted person
needed:
- Birth certificate, evidence of the name change, evidence of the previous possession of Austrian citizenship
or citizenship of a successor state to the Austro-Hungarian Monarchy or statelessness, documents about the persecution suffered
or that there was reason to fear such a persecution, documents about the main residence in Austria
and about when the
departure abroad
took place.
- If the person who was persecuted is
still alive: a signed by her declaration on impunity
- If the person who was persecuted is already
deceased:
Death certificate
Do I need a lawyer?
What are the advantages of a lawyer for me?
As you can see from this article, there is a lot to consider. Each case must be considered individually and there are many exceptions and special cases. A lawyer can be of great help here.
Dr. Klammer has a lot of experience with the process of obtaining the Austrian citizenship. With the help of his expertise and that of his team, you will quickly notice that the whole process will not only be much easier but also much faster.
Due to many applications etc. there are often very long waiting times for citizenship applications, but with our help the whole process can be accelerated considerably: Read our latest success stories here: Accelerate citizenship applications.
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How can we help?
Dr. Klammer and his team have a lot of experience with applying for Austrian citizenship and the authorities responsible for such an application. We can accompany and support you through the entire application process from start to finish.
Currently, citizenship applications take months or even years to be processed, but with the help of Dr. Klammer and his team, you can submit your application immediately: Immediate appointment for application.
Have you already submitted an application and have not yet received a response from the authorities? Contact us, perhaps you can file a complaint about the delay:
Dr. Klammer can help you with all your concerns on this topic
Use the contact form below. Please feel free to contact us and describe your situation. Dr. Klammer and his team will examine the matter and get back to you about the next steps.
If you would like to speak to us personally, we would be happy to offer you an initial consultation at our usual rate (EUR 180), during which we will provide you with professional information about the options for up to an hour and will also be happy to lay the foundation for representation in any legal proceedings arising from this matter.
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