What’s the Difference Between Austrian and German Passport?
What exact is the difference between an Austrian passport and a German passport? Although both Austrian and German passports are considered among the strongest in the world, granting their holders the same benefits of European Union citizenship, there are several distinctions between them. These differences pertain to the eligibility for obtaining a passport, the duration of the application process, and the conditions for maintaining the passport. In this article, attorney Michael Dekker, a specialist in Austrian and German citizenship, will elaborate on these differences.
Both Austrian and German passports are highly ranked worldwide. Since both countries are members of the European Union, the passports of each allow their holders to live and work across EU territories without restrictions and to visit the United States without a visa. However, there are significant differences between these passports, particularly regarding the procedures for obtaining them, the eligibility of spouses and children to acquire passports based on family ties, and the conditions for passport renewal among eligible individuals. Against the backdrop of recent legislative amendments, many former citizens or residents of Austria and Germany and their descendants may be eligible for one or even both of these passports. Therefore, it’s essential to understand the distinctions between them.
What are the differences concerning eligibility for obtaining a German passport compared to eligibility for obtaining an Austrian passport?
In both Germany and Austria, recent legislation amendments have eased the conditions for Jewish survivors of Nazi persecution and their descendants to acquire citizenship. In general, restrictions on generational eligibility have been lifted, language proficiency is no longer a requirement for passport eligibility, and differences in eligibility based on gender, which were previously in place, have been abolished. However, a significant difference remains between these passports regarding the eligible groups under the updated legislation in these countries.
Austria grants eligibility for a passport to those who were former residents of the country and did not hold any citizenship, as well as to residents of Austria who previously held citizenship in one of the countries belonging to the former Austro-Hungarian Empire, including Hungary, Bosnia and Herzegovina, and areas that now belong to Poland (Galicia) and Romania (Transylvania). In contrast, eligibility for a German passport is granted to those who can prove that they were residents and citizens of Germany but were forced to flee or were expelled from Germany due to Nazi persecution. In this context, Germany requires evidence that, before January 30, 1933, the individuals claiming eligibility as refugees were indeed residents of the country. Austria, on the other hand, does not impose such a requirement.
What are the differences in terms of the average processing time for obtaining a passport?
Although in both cases, the process of obtaining a passport can be time-consuming, our experience shows that generally, the decision on eligibility for Austrian citizenship and passport takes less time, and the entire process can be completed within approximately 1-2 years. In contrast, the process in Germany usually takes a longer time. German authorities do not commit to specific processing times, and the waiting period for a citizenship decision can extend to around 3-4 years. This is especially true recently, due to the increase in applications for German citizenship.
Differences in the right to hold an Austrian passport versus a German passport
Austria imposes a significant restriction regarding eligibility for obtaining a passport for those serving in a foreign military. Those who completed their mandatory service in the past can obtain citizenship, but those who volunteer to serve, for examples as officers in the IDF, after acquiring citizenship are generally required to renounce it and may not be able to reapply afterward. In contrast, Germany does not have such a restriction, and those serving in the Israeli Defense Forces are generally eligible for German citizenship and a German passport. It’s important to note that potential issues may arise concerning dual citizenship or multiple citizenships. Both Austria and Germany have relatively strict policies regarding holding multiple citizenships. Although both countries have exceptions in their laws that allow holding an Israeli passport alongside a German or Austrian passport, those who hold additional citizenships may be required to renounce them as a condition for obtaining or maintaining citizenship. It is advisable to consult with an attorney specializing in immigration law for individual cases.
Differences in the eligibility of family members to obtain a passport
In general, in both cases, eligibility for a passport is inherited, so children born to holders of German or Austrian passports can theoretically obtain passports as well. However, there is a difference regarding the eligibility of spouses to obtain citizenship in the respective countries, and subsequently, to be eligible for a passport. In both cases, legal and continuous residence in the country is required as a condition for obtaining citizenship.
Generally, spouses of German citizens will be eligible for citizenship and a German passport after 3 years of legal residence in Germany, provided that at the time of applying for citizenship, they are married or in a registered partnership, which is a procedure similar to that for well-known public couples but requires registration with the authorities in Germany. In contrast, Austrian authorities maintain a stricter policy, requiring spouses’ legal residence for a minimum of 6 years, with at least 5 years of marriage or registered partnership, as a condition for obtaining citizenship. In both cases, spouses will need to meet additional threshold requirements to successfully navigate the process and become eligible for European citizenship.
The Difference Between an Austrian Passport and a German Passport – Contact Our Experts in Austrian and German Citizenship
In this article, we’ve explained the differences between an Austrian passport and a German passport, as well as recent changes in the legislation of both countries regarding passport eligibility. If you have any additional questions on this topic, feel free to contact our office, and we will be happy to assist. Our law firm, with offices in Jerusalem and Tel Aviv, specializes in immigration law. Our attorneys have extensive and proven professional experience in representing clients in the process of obtaining German and Austrian citizenship, providing comprehensive legal guidance throughout the entire process.
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