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During 1812–1918, citizenship in the Austrian Empire (after 1867 the Austro-Hungarian Empire) was regulated by the Allgemeines bürgerliches Gesetzbuch (ABGB) (§§ 28–30).
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Nationality law (German: Staatsbürgerschaftsgesetz) in the Republic of Austria is based on the principle of jus sanguinis.
In other words, one usually acquires Austrian citizenship if a parent is Austrian, irrespective of place of birth.
Also recognized as citizens were all individuals with permanent residence in the territory of German-Austria since at least 1914.
Individuals with Austrian citizenship outside of German-Austria (with the exception of Galicia, Dalmatia and Istria) were given the right to declare themselves German-Austrians and so receive citizenship.
For children born prior to that date, the father must have been an Austrian citizen: children born to an Austrian mother married to a non-Austrian father do not qualify.
If the parents are not married, a mother automatically passes on Austrian citizenship.The new constitution of 1920 introduced the system of States (Bundesländer).Nationality law was now handled at the State level (Landesbürgerschaft), still tied to municipal citizenship (Heimatrecht) via the subsidiarity principle.This is so far the most restrictive law among all the European Union member countries about the foreign spouses obtaining the member state's citizenship.A person who has lived in Austria for 30 years, or 15 years in cases of 'sustained personal and occupational integration', is entitled to grant of Austrian citizenship.However it may lead to a reduction in the residence requirement for naturalisation as an Austrian citizen.