Eligibility Quiz
Are you a direct descendant (child, grandchild, etc.) of a person who lived in Austria, or are you the persecuted person yourself?
Overview
The Restitution of Austrian Citizenship (§ 58c Citizenship Act) is a specialized legal pathway designed to restore citizenship to victims of Nazi persecution and their direct descendants. Unlike standard naturalization, this is a notification-based process (Anzeige), meaning that if you meet the legal criteria, you have a statutory right to citizenship rather than it being a discretionary grant by the government.
This pathway is unique because it serves as an exception to Austria’s generally strict rules against dual nationality. Under Section 58c, you are not required to renounce your current citizenship, allowing you to hold an Austrian passport alongside your existing ones.
Legal Framework and Context
This pathway is governed by Section 58c of the Austrian Citizenship Act (Staatsbürgerschaftsgesetz - StbG). Significant legislative shifts have occurred recently:
- September 2020: The law was modernized to allow descendants to claim citizenship regardless of whether their ancestor was male or female (correcting previous gender discrimination).
- May 2022: The "Successor State" amendment was added, recognizing that many victims of the Nazi regime in Austria were technically citizens of other former Austro-Hungarian territories or were rendered stateless.
Because this is a restitution pathway, the standard requirements for naturalization—such as 10 years of residence in Austria, German language exams, and citizenship tests—do not apply.
Rights as an Austrian Citizen
Once your notification is processed and you receive your Staatsbürgerschaftsnachweis (Proof of Citizenship), you hold the same rights as any other Austrian national:
- Dual Nationality: You may retain your original citizenship(s) indefinitely.
- EU/EEA Freedom of Movement: You gain the right to live, work, and study in any of the 27 European Union member states, as well as Iceland, Liechtenstein, Norway, and Switzerland.
- Consular Protection: Access to protection from Austrian and EU embassies worldwide.
- Voting Rights: The right to participate in Austrian federal elections and European Parliament elections (subject to registration requirements for those living abroad).
- Transmission to Future Generations: Your children born after you acquire citizenship will generally acquire Austrian citizenship automatically by descent.
- Access to Services: Eligibility for Austrian public services and the European Health Insurance Card (EHIC) if you reside within the EU.