Schmidt & Schmidt provides services for the retrieval of civil status documents, as well as obtaining duplicates of lost or damaged documents in Austria with their subsequent legalization and translation.
If your personal documents are lost or damaged or you need to obtain current copies of documents it is necessary to request duplicates of documents. Often, those who have left Austria face difficulties in this procedure. Our service allows you to request documents in Austria remotely and we can carry out courier delivery of the document to anywhere in the world.
Validity of civil status documents in Austria
Civil status documents issued in Austria usually have a validity period of no more than 3 or 6 months, after which they must be replaced with new ones containing current data. In some federal states, documents are valid indefinitely, so this must be clarified at the place where the documents were issued. In addition, the receiving party may impose requirements regarding the terms.
When to obtain duplicate documents in Austria
A duplicate copy of a birth, marriage, change of name, divorce, criminal record or death certificate may be required for marriage abroad, registration of a newborn child, citizenship, inheritance, confirmation of data for pensions, opening bank accounts, employment and other bureaucratic issues.
Since civil status documents are personal documents containing personal data, they can only be requested by their owners or persons authorized by them. That is, first of all, to request documents, we will need a signed power of attorney from the owner of the document.
Some registry offices may refuse to request the document even with a power of attorney. In this case, the owner can order a new certificate online independently through the registry office website or by e-mail with subsequent delivery to our office in Austria, since in most cases the sending of documents is only possible within Austria.
What documents can be requested in Austria
- Birth certificate
- Marriage certificate
- Certificate of change of surname
- Divorce certificate
- Death certificate
- Certificates of good conduct
- Educational documents
- Other civil status documents
Capacity to marry
When marrying abroad, the local authority in the foreign country may require a certificate of capacity to marry. This document, issued by the relevant civil registry office in Austria, confirms that there are no legal barriers preventing the individual from entering into marriage.
The certificate serves as proof that the person is legally free to marry, ensuring there are no existing marriages or other legal obstacles. The certificate is provided by the civil registry office in Austria where the individual is registered or resides. Foreign authorities may request this certificate as part of the legal requirements for conducting a marriage in their country.
Required documents for certificate of capacity to marry
- Proof of identity (valid ID)
- Birth certificate
- Proof of citizenship
- If the main residence is abroad: proof of main residence
- Marital status
- Other relevant paperwork based on the specific requirements of the foreign country
Under agreements with Germany, Italy, and Switzerland, foreign registry offices can directly request the certificate of capacity to marry from the appropriate registry office in Austria. It is recommended to check with the registry office to determine the specific documents required for your case.
Birth certificate
Parents must present the required documents to the registry office to obtain a birth certificate. Some registry offices have partnerships with hospitals, allowing them to send the necessary documents for the first birth certificate directly to the registry office along with the ‘Notification of Birth’ form. It is recommended to consult the hospital or the appropriate registry office for further details.
Required documents for birth certificate
- statement regarding the child's name
- Marriage certificate or partnership certificate of the child’s parents
- Proof of the dissolution or annulment of the marriage or registered partnership
- Proof of nationality of the child’s parents
- In case the parents live abroad: proof of the parents’ main place of residence
Criminal record certificate
The criminal record certificate (Strafregisterbescheinigung) is a document that provides either a comprehensive list of a person's registered convictions in the Crime Register or confirms that there are no convictions.
For job applications in various sectors, including security and surveillance, applicants are usually required to present a current criminal record certificate. In most cases, this certificate should be no more than three months old.
Required documents
- Copy of passport
- Power of attorney for third party representatives
You can apply for a criminal record certificate at any competent authority in your current area of residence, regardless of where your primary residence is located.
In case you are applying from outside of Austria, apply to your local Austrian representation authority.
Educational Documents
Foreign educational documents only carry the same legal value as Austrian documents if they are exempt from legalization or have undergone the necessary legalization process. Documents from countries with bilateral agreements with Austria are fully exempt from legalization. Documents from countries that are part of the Hague Convention of 1961 undergo a simplified procedure called apostille. If neither countries are part of the convention or have bilateral agreements they undergo consular legalization
Countries Austria has bilateral agreements with
Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Finland, France, Germany, Hungary, Italy, Liechtenstein, North Macedonia, Montenegro, Netherlands, Norway, Poland, Romania, Serbia, Slovakia, Sweden
These countries are exempt from undergoing any legalization process.
Why and in what case is an apostille needed?
An apostille is a special stamp that confirms the authenticity of an official document. It can be used to certify documentation issued by government agencies, local government bodies, and structures that the state has granted special powers.
An apostille stamp can only be placed in the country where the document was issued. It is impossible to do this through diplomatic or consular offices. The system of certifying documents with an apostille in Austria is quite simple. The first stage is to make a notarized copy at the nearest notary. The second stage is to place an apostille at the regional court (Landesgericht) of the federal state where the notary is registered.
In our video we tell you what an apostille is, why it is needed, how and where it can be done, and also about the history of document apostilling.
If you need to affix an apostille to a document issued in a foreign country, please contact Schmidt & Schmidt.
We provide apostille services in more than 100 countries worldwide.
