Austrian citizenship eligibility for Holocaust survivors

Looking for information on eligibility for Austrian citizenship for Holocaust survivors? As of September 2020, Austria has broadened the criteria for obtaining Austrian citizenship for Holocaust survivors and their descendants. From now on, citizenship will be granted to descendants of both mothers and fathers persecuted by the Nazis as a citizen of the Austrian Republic (until now descendants of Austrian mothers born prior to September 1983 were not eligible for Austrian citizenship).

Obtaining Austrian citizenship for Holocaust survivors and their descendants is easier with the help of experts in the immigration field. Our immigration law offices specialize in obtaining the passports of Austria, America, Canada, Germany, Poland, and more. We can help you obtain, translate and file all the documents necessary to obtain your Austrian citizenship by descent.

Austrian citizenship eligibility for Holocaust survivors

The historic decision made by the Austrian parliament in September 2019 recognizes Holocaust survivors who lived in Austria up to 15.5.1955 as eligible to apply for Austrian citizenship. Furthermore, the new law recognizes the direct descendants of Holocaust survivors – children, grandchildren and great-grandchildren – as eligible for Austrian citizenship.

The new law will not discriminate against descendants of female Holocaust survivors, as the previous one did. Until now, descendants of female Holocaust survivors were not given the right to citizenship – but the new legislation has addressed the gender inequity regarding this issue.

Who is eligible to receive Austrian citizenship?

Many Jews were forced to give up their Austrian citizenship between the years 1933-1938 due to Nazi Germany’s takeover of the Austrian Republic. Up to the year 1938, the year of Austria’s official annexation to the Nazi superpower (the Anschluss), thousands of Austrian Jews left their homeland, which had become a hostile country to them.

Today Austria recognizes the injustice suffered by its Jews, former citizens. As of September 2020, he descendants of Holocaust survivors who left the country between the years 1933-1955 are eligible to apply for Austrian citizenship, without fear of having to give up their existing citizenship, as they did in the past.

Note that, unlike the preceding law which granted Austrian citizenship to descendants under the condition that their ancestors left Austria by 1945 (the end of the war), the new law extends the time period to 15.5.1955, taking into account the many widows and widowers, orphans, sick and psychologically overwhelmed survivors who remained in Austria after the war ended, without the financial means to move elsewhere.

Another important point to emphasize — if you are a descendant of a Jew who left Austria even before 1933, you have the possibility of appealing and obtaining Austrian citizenship. This is because there are several exceptional cases which may warrant consideration, particularly if the reason for leaving was persecution.

Can an Israeli with a military background apply for Austrian citizenship?

Mandatory army service (“shirut sadir”) in the IDF does not pose a hindrance to obtaining Austrian citizenship.

However, according to the Austrian supreme court ruling, voluntary service or career army service in any foreign army, including the IDF, poses a reason for nullifying the application and/or refusing to grant Austrian citizenship. Reservist service (“miluim”) is not considered to be voluntary, and is not grounds for dismissal.

In other words – previous military service, of any kind, allows you to apply for Austrian citizenship once your term of service is over. Volunteering to serve in the IDF or any other foreign army once you are an Austrian citizen will result in the revocation of your citizenship. Mandatory service in the IDF, even as an Austrian citizen (for instance, having received your citizenship as a child) will not result in a revocation.

Reserve army service is not considered voluntary, and therefore applicants who do regular annual reserve duty in the army are eligible for Austrian citizenship.

What proof is required to be eligible for citizenship?

You must prove that you are related to a parent, grandparent or great grandparent, etc., who was persecuted by the Nazis. In addition, you will be required to prove a familial relation between the relative considered the persecution victim and anyone filing the request (including the direct descendants and children, partners etc.)

How to Prove That Your Great-Grandparent Lived in Austria and Left Due to Persecution?

First, you will need to demonstrate your familial connection to the Holocaust survivor. This requires providing marriage certificates, divorce records, birth certificates, name change documents, and other records that detail the generational link to the original eligible individual. If these documents are not in German, they must be translated with a notarized translation to German, a service our office can provide.

Next, you will need to detail the survivor’s life in Austria. This includes providing information such as birth details, career history, name changes (if applicable), military service, addresses, marriage certificates, academic qualifications, or any other documents that demonstrate a connection to the country. Old Austrian or German passports, exile certificates, residency documents, or any other relevant records can serve as strong evidence for your eligibility.,

In other words, the proof consists of two components: that the individual was an Austrian citizen or resident who left due to persecution between 1933 and 1955, and that the applicant is a direct descendant of this Austrian individual. For descendants of Jewish individuals, there’s no need to prove specific persecution, as all Jews were persecuted by the Nazis.

Naturally, many descendants of Austrian Jews may not possess all or any of the documents required to prove where the Austrian ancestor lived and when they left Austria. However, if you have any information about their place of birth, residence, work, or marriage, genealogical researchers from our office can locate the necessary records in Austrian archives.

Relevant documents when applying for an Austrian passport

• Birth certificate
• A valid passport
• A signed citizenship application form.
• Proof of the date of emigration from Austria

The process of obtaining Austrian citizenship does not entail any fee, and neither does the process of submitting the documents for it. There is also an exemption from administrative fees. Take into account that the Austrian government office may require additional documents as they see fit.

All marriage and birth certificates must be presented with an attached apostille stamp or legalization by an embassy.

Contact experts in immigration – Austrian citizenship eligibility for Holocaust survivors

Our office files applications for Holocaust survivors who were forced to emigrate from Austria in the 30s, due to their deteriorating situation and the rising antisemitism under the influence of the Nazi regime. If you are a child or grandchild of Holocaust survivors from Europe (Italy or Hungary) or Eastern European (Serbia, Croatia, Slovenia, Moldova or Romania) who lived in Austria but chose to flee the country, you are eligible for Austrian citizenship and our offices can help you get it. We will be glad to arrange the process of obtaining Austrian citizenship for you under the new law.

Our thanks to Mr. Jonathan Gabrielov for his help in writing this article.

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