German and Austrian Passports: Freedom to Travel and Work Now Within Reach

Obtaining a German or Austrian passport takes years, with processing time only growing longer as the number of requests adds up. The application requires numerous documents, sometimes necessitating complicated archival searches. Most applicants frankly admit that they possess no particular desire to move to Berlin \ Vienna even after receiving their citizenship. If so, why do so many Israelis and descendants of German \ Austrian Jews worldwide invest a great deal of time and effort in applying for a passport based on descent?

Why the sudden interest in a Deutscher Reisepass?
For many years, both German and Austrian citizenship laws were fairly discriminatory in terms of who could receive citizenship by descent, denying that right to those who were descended from a female but not a male citizen, those born outside marriage, and other outdated and biased limitations on who could successfully apply. Furthermore, many avenues towards acquiring citizenship required surrendering the applicant's prior citizenship, which was unacceptable for Israelis.

After a number of amendments made over the past few years, the descendants of Austrian \ German citizens, permanent residents, and subjects may apply to receive a European passport without having to surrender their current citizenship, regardless of the exact circumstances of their descent. Not only that, but the new citizens don't have to learn German or reside in their new homeland.

So save any dated jokes about Milky prices or the desire to move to a safer spot in another 2-4 years. The main reason for the surge in applications is that current conditions are ideal for anyone who wishes to obtain a second European passport for themselves, their children, and their children's children.

What are the advantages of having a second passport?
Both Israeli and US citizens are interested in an EU passport for the same basic reasons – the freedom to travel, work, and live in Europe and around the world without restrictions.

A passport of the European Union allows its holder to travel to countries where Israeli or even United States passport holders are not welcome. EU citizens can naturally visit the European Union with no limitation on the length of their stay or having to apply for an ETIAS entry visa in advance (which will be required of non-EU citizens as of 2025).

Until the recent visa-exemption agreement with the US, being able to use an EU passport to visit America without having to pay for an expensive and lengthy visa application was also a major draw for Israeli citizens.

The ability to work in Europe on a whim, buy real estate, or establish a business without having to go through a complicated permit process for foreign citizens, subsidized or free higher education in European countries, and healthcare options reserved for European citizens are also major benefits.

Finally, both Austrian and German citizenships pass to the next generation and the one after that. Even if the applicant has no urgent need for a second passport, their children or grandchildren may well thank them in a few years, particularly if the conditions for receiving the citizenship alter in the meantime or if citizenship by descent is severely restricted – as has happened with the Spanish and Portuguese citizenship laws.

What are the differences between applying for an Austrian and a German passport?
Though almost no applicants have surviving ancestors from both countries and the differences are primarily a matter of curiosity, they are still worth pointing out. As noted above, Germany limits the period of eligibility to those who left or were forced to flee Germany between January 1933 and May 1945 (Victory in Europe). Austria extends the eligibility to those who remained in Austria, whether due to health conditions, in a displaced persons camp or for other reasons, until May 1955.

Germany also limits citizenship to those descended from German citizens and residents. Austria, on the other hand, extends eligibility to many subjects and citizens of the former Austro-Hungarian empire, who lived within the borders of modern Austria without acquiring the status of a citizen or resident.

Finally, Germany takes no issue with service in a foreign army. Conversely, you cannot apply for Austrian citizenship while voluntarily serving in an army abroad, and any Austrian citizen who volunteers (rather than being drafted) to serve a foreign army, including the IDF, will have their citizenship revoked.

How does one prove eligibility for a passport?
There are two primary components involved.

• The applicant must prove their ancestor was a German \ Austrian citizen, resident, or subject who lived within Germany \ Austria and was forced to flee due to persecution, whether between 1933 and 1945 for descendants of Germans or 1933-1955 for descendants of Austrians. If the ancestor was Jewish, it is taken as a given that they were persecuted, and no further proof of persecution is required. This may be complicated if the applicant has only vague knowledge of where their grandparent (grand-grandparent, etc.) lived, but documents can be recovered via archival research with only basic information about the place of birth \ residence.
  
• The applicant must prove their direct descent from said ancestor. That means finding and translating into German documents like birth certificates, marriage certificates, and, as appropriate, name change certificates, all to trace their family lineage to the original survivor.

Both tasks are obviously somewhat complicated for laymen, and the role of an immigration lawyer handling the application generally involves finding the right documents, submitting them, and corresponding with the appropriate authorities to handle any issues.

What does an immigration attorney do to handle the application?
After an initial discussion with the client to ensure that they are in fact, eligible to apply, our immigration office handles the entire process, from start to finish. Our genealogists and archival research experts find any necessary \ missing documents, help issue new ones as required, and translate any documents into German as necessary. From the moment the contract is signed until the client receives a brand new passport, everything is handled on our end, with no further effort on the applicant's part.

Attorney work hours aside, clients pay for our service only upon the successful completion of the application, once they are ready to receive their brand new passport.

Attorney Michael Decker
Phone: 03-3724722 | 02-3810013
Website >>

Partnered with Decker, Pex, Levi