Are You Eligible for a German or Austrian Passport?

In the tumultuous era of World War II, the horrifying grip of the Nazi regime led to the tragic loss of millions of Jewish lives. The atrocities did not occur on German soil alone; many Jews were murdered in Austria and elsewhere in Europe, of course. Today, the German and Austrian governments both enable the descendants of holocaust survivors or victims who were citizens or residents of the country to obtain citizenship by heritage.

While for many, the possibility of a foreign second EU passport is a desirable possession, eligibility must be proven to get the citizenship that grants a passport. Guided by specific criteria, Germany and Austria paved the way for this ancestral reconnection. Curious about your eligibility for a German or Austrian passport? Look no further – this article holds the answers you seek.

Who is eligible for German citizenship?
In 2021 several substantial amendments were made to the German Citizenship Law. These amendments immensely broadened the circle of eligibility. Before these impactful changes were made, only the descendants of male ancestors who were German citizens were able to acquire citizenship. Today, the descendants of female ancestors and ancestors who have been only residents in Germany are eligible as well.

The new clause 15 of the Citizenship Law stipulates that the descendants of former residents of Germany, who lived in the country before January 30th, 1933, and subsequently departed after this particular date, meet the requirements for acquiring German citizenship.

Further changes were made to clause 5 of the law. This change stipulates the following criteria:

Offspring born to a German mother within the period of May 23rd, 1949, to January 1st, 1975, under the circumstance that their father was not a German citizen at the time of birth, and the parents were married before the birth date, hold eligibility for consideration.

Descendants born to a German father within the timeframe of May 23rd, 1949, to July 1st, 1993, provided that their mother was not a German citizen at the time of birth, and the acknowledgment of the father's paternity occurred before their 23rd birthday, while their parents refrained from marrying before July 1st, 1998, exhibit eligibility for consideration.

Descendants born after May 23rd, 1949, from a German mother who relinquished her German citizenship by marrying a foreign national before April 1953, given that their father lacked German citizenship during their birth, and their birth took place after their mother's citizenship was forfeited, are considered eligible.

To prove eligibility, there is a need to present with documentation which proves the eligibility, according to the relevant law clause.

Who is eligible for Austrian citizenship?
In September 2019, Austria amended its citizenship law as well. The new amendment states that those eligible for citizenship are the descendants of holocaust survivors who escaped Austria between 1933 and 1955. Those survivors had to have a center of life in Austria and be Austrian citizens or citizens of one of the Austro-Hungarian Empire countries.

It is important to note that the law now allows one to gain citizenship through the mother’s side as well, and not only through the father's side. Furthermore, those who served in the standing army are eligible as well. However, those holding Austrian citizenship who choose to serve in the standing army will have to give up on their Austrian citizenship, with no option to retrieve it.

To get Austrian citizenship, it is also required to present documents proving eligibility.

What can you do if you don’t have the required documentation?
Many survivors did not save their documentation. Therefore, their descendants who are interested in obtaining citizenship cannot prove their eligibility. However, that does not mean all is lost.

The best way to get the relevant documentation is by performing an archival search in the relevant archives. This search can take up to 6 months since the documents were not converted into digital copies.

Usually, the searches are highly successful, and the required documents are found. This means that the process can proceed to the next step, the preparation of the request itself.

What is the process of preparing the request?
The process of preparing the request calls for the obtainment of relevant documents in the requestor’s home country. The required documents are birth certificates, marriage certificates, death certificates, and more. These documents are required by the Austrian and German authorities, and one of their purposes is to show the lineage from the ancestors to the requesting descendants.

After collecting all of the required documentation, it must be translated into German by a notary. Then, the official documents must be stamped with an apostille, as required by the Hague Convention, that both Germany and Austria are a part of.

The final preparation step is also to fill in the request forms in German. In the case of Austrian citizenship, the passport of the requestor must be authorized by the Austrian embassy as well.

The final step is to submit the request to the relevant citizenship department. For Austrian citizenships, the requests will be submitted to the citizenship department in Vienna, whereas in Germany, the requests will be submitted to the citizenship department in Cologne.

The processing of the requests can take between 2-3 years. Once approved, the requestor will be invited to the Austrian or German embassy in the country in which they reside, to get a naturalization certificate. This certificate grants the right to issue a passport.

Are you interested in foreign European citizenship? We can help you!
If you are eligible for Austrian or German citizenship, you must go through the request process described in this article. The process can be very time-consuming and requires a thorough understanding of the different citizenship laws.

If you want to ensure a streamlined process, the best course of action would be to consult with an immigration lawyer, who will guide you and carry out most of the process for you.

Our law firm, located in Jerusalem and Tel Aviv, specializes in the different processes of obtaining Austrian or German citizenship. We will be happy to guide you from start to end to help you save precious time and guarantee the best chances for success.

Attorney Michael Decker
Phone: 03-3724722 | 02-3810013
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Partnered with Attorney Michael Decker