A new ruling by the Austrian Supreme Administrative Court expands the group of individuals eligible for Austrian (dual) citizenship based on being a descendent to a victim of the Nazi regime.
Since September 2020 Austrian citizenship law grants citizenship to a descendant of a person who was persecuted by the Nazi regime or feared persecution (the “anchor person”) and thus had to leave Austria. Prior to 2020 this possibility to “regain” Austrian citizenship was only available to the anchor person individually. This procedure is special, because it allows for a descendant of the “anchor person” to obtain Austrian citizenship, regardless of their current citizenship and residence. As a result, it also, permits dual citizenship.
For the citizenship to be granted to descendants it was typically (among other criteria) required that the anchor person had to have left Austria prior to 1955 (as Austrian citizen) and subsequently lost their citizenship. Uncertainties arose in cases where the anchor persons themselves never lost Austrian citizenship but nonetheless their descendants – due to different reasons – were not Austrian nationals.
A recent ruling by the Supreme Administrative Court has now clarified that it is not relevant whether the anchor person lost Austrian citizenship. Their descendants – children, grandchildren and great-grandchildren who hold a different citizenship – can still invoke the law and be granted citizenship by descent. This is provided all other legal requirements are met, such as in particular that the anchor person was persecuted or feared persecution in the first place.
This ruling significantly expands the group of individuals eligible for Austrian (dual) citizenship and could lead to a new increase in applications.
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Valentina Arnez
Partner, Attorney at Law (Arnez Rechtsanwalts GmbH*) & Immigration Expert,
Antonia Lehne
Manager (Arnez Rechtsanwalts GmbH*) & Immigration Expert,
Further information on Vialto Partners can be found here: www.vialtopartners.com
* Please note that Arnez Rechtsanwalts GmbH is cooperating with the Vialto Partners network and is a member to the Vienna Bar Association, registered as an independent legal entity under Commercial register No. FN 596972a.
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