Section 58c of the Austrian Citizenship Act is the provision behind most questions about Austrian citizenship for the families of people who fled or were persecuted under National Socialism. Its first test is a definition: who counts as a persecuted person. Its second is a family line: who counts as a descendant. This post sets out both as the Interior Ministry’s official page describes them, in plain English, so you can read the legal wording with some orientation. It does not decide anyone’s case.
Not legal advice. This page gives general information about Austrian citizenship rules, drawn from official Austrian government pages and checked in October 2026. It cannot assess your case. Rules, dates and procedures change, so confirm them with the Austrian embassy or consulate, the responsible provincial authority (in Vienna, MA 35) or a qualified lawyer before you file anything.
Background in brief
In October 2019 the Austrian Parliament unanimously passed an amendment to the Citizenship Act in recognition of the country’s historical responsibility towards the victims of National Socialism and their descendants. The Interior Ministry page says that, because cases emerged that the original rules did not cover, the provision was widened with effect from 1 May 2022. Descendants have been able to use the declaration since 1 September 2020, and the wider rules since 1 May 2022. A project description from the National Fund of the Republic of Austria says that more than 35,000 descendants have applied since the provision was introduced.
Who counts as a persecuted person
The official page lists several groups. Read each as a package of conditions, not a loose description.
- People who left before 15 May 1955. Austrian citizens, nationals of one of the successor states of the Austro-Hungarian monarchy, or stateless persons, each with a main residence in Austria, who went abroad before 15 May 1955. The page adds people who lost Austrian citizenship around the time of departure because they acquired a foreign nationality through marriage. In every case the person must have left because they had reason to fear, or suffered, persecution by NSDAP organs or Reich authorities, or because of persecution or the fear of it for supporting the democratic Republic of Austria.
- People kept away between 30 January 1933 and 9 May 1945. Austrian citizens who had no main residence in Austria in that period because, had they returned or entered to settle, they would have had to fear that persecution.
- Deported Austrian citizens. Austrian citizens deported abroad before 9 May 1945 by NSDAP organs or Reich authorities, or for supporting the democratic Republic.
- Deported successor-state nationals or stateless persons. People in those categories with a main residence in Austria who were deported abroad before 9 May 1945 on the same grounds.
- Austrian citizens who died. People who died before 9 May 1945, in Austria or abroad, as a result of that persecution.
- Successor-state nationals or stateless persons who died. People in those categories with a main residence in Austria who died before 9 May 1945 as a result of persecution.
Several terms carry weight. A main residence means the principal place where a person lived. The successor states are the countries that emerged from the Austro-Hungarian monarchy. And the persecution must be of the kind the statute describes, which is why the family story alone is not enough.
Who counts as a descendant
The page says descendants in the direct descending line of a persecuted person, meaning children, grandchildren, great-grandchildren and so on, can acquire citizenship by declaration. Children adopted as minors count as descendants. The line is direct, so siblings, cousins, nephews and nieces are not descendants of the persecuted person. The embassy page describes the same group as descendants of victims of the National Socialist regime and says they can acquire citizenship by declaration without giving up their current citizenship.
| Relationship to the persecuted person | Described as a descendant? |
|---|---|
| Child, including a child adopted as a minor | Yes, as described on the official page |
| Grandchild or great-grandchild | Yes, in the direct descending line |
| Sibling, cousin, nephew or niece | No, not in the direct descending line |
| Spouse of the persecuted person | Not described as a descendant on the page |
Dates and places that matter
- 15 May 1955 is the cut-off for leaving the country in the first group.
- 30 January 1933 to 9 May 1945 is the period in the second group.
- 9 May 1945 is the date for deportations and deaths.
- Main residence in Austria is a requirement for the successor-state and stateless groups.
Some online summaries mention further date limits. We could not find any beyond those above on the official pages we reviewed, so check the embassy’s FAQ for your case rather than relying on a summary.
Why the definition is the hard part
Most families know that an ancestor left. Fewer know why, or can show it. The definition asks whether the person had reason to fear or suffered persecution by the Nazi authorities, or for supporting the democratic Republic. A person who left Vienna in 1938 had a different story from a person who left a village in 1920 to find work, even if both ended up in the same country. The documents that can show persecution include emigration and residence records, and a law firm’s summary notes that institutions such as the National Fund and the General Settlement Fund may hold relevant information. See our post on proving descent for how to build the evidence.
Invented example: Imagine an invented woman, Hedwig, who lived in Graz and left for Britain in 1939 after being dismissed from her post for reasons linked to persecution. She would need to be tested against the first group: an Austrian citizen with a main residence in Austria who went abroad before 15 May 1955 for that reason. Her granddaughter, born in London in 1975, is in the direct descending line. Whether the facts and documents fit is for the authority to decide. This example is made up and is not an assessment of anyone.
What the definition does not tell you
The definition does not tell you whether a particular country of residence will let you keep your existing citizenship, which is covered in our post on dual citizenship and loss. It also does not list the documents; the next post does. And it is not the only route, as the descent guide explains.
Where to go next
Read the declaration, documents and process for the practical side, and the citizenship guide for the overview. If your family’s Austrian roots are still unclear, the Austrian genealogy guide shows where to start with the records.
Always confirm the current text and your own eligibility with an Austrian embassy or consulate, the competent provincial authority or a lawyer.
