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Austrian nationality law

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Austrian nationality law

Austrian citizenship is based primarily on the principle of Jus sanguinis. In other words, one usually acquires Austrian citizenship if a parent is Austrian, irrespective of place of birth.[1]

Birth in Austria

Birth in Austria does not in itself confer Austrian citizenship. However it may lead to a reduction in the residence requirement for naturalisation as an Austrian citizen. Foundlings under the age of 6 months are legally presumed to have Austrian citizenship.

Descent from an Austrian parent

A child born to two Austrian parents is an Austrian citizen, regardless of the parents' marital status.

If the parents are married at the time of birth, Austrian citizenship of either the mother or the father is sufficient, so long as the child was born after January 9, 1983. 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 did not qualify.

If the parents are not married, a mother automatically passes on Austrian citizenship.[2] A father passes on citizenship if he acknowledges paternity or a court does so within 8 weeks of the birth. Should the parents marry at some time after the birth, citizenship is automatically granted to the child retroactively. If the child is over 14 at that time, however, the child's consent is needed.

Naturalization as an Austrian citizen

It is possible to apply for Austrian citizenship by naturalization after 10 years of continuous residence in Austria.[1]

Additional requirements include:

  • knowledge of the German language 'having due regard to the alien's personal circumstances'
  • renunciation of foreign citizenship (under the law of the applicant's home country) unless this is impractical

This requirement can be waived in exceptional cases.

Naturalization as an Austrian citizen based on 10 years of continuous residence is discretionary.

Exemptions to the residence requirement

The residence requirement may be reduced or waived in the following cases:

  • recognized refugees (6 years)
  • citizens of other European Economic Area nations (6 years)
  • persons born in Austria
  • former citizens of Austria (other than by deprivation)
  • actual or expected 'outstanding achievements in the fields of science, commerce, the arts or sport'

Entitlement to grant of Austrian citizenship

Some persons are entitled to Austrian citizenship by a simpler process than naturalization.

Minor children of a person granted Austrian citizenship are most often granted Austrian citizenship as well.

Spouses of Austrian citizens

  • The marriage must have lasted for a minimum of 5 years.
  • The spouse applicant must also have lived in Austria with a settlement permit (Niederlassungsbewilligung) for a minimum of 6 years.

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.

Long residence in Austria

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.

Former Austrian citizens

  • Former citizens of Austria who lost citizenship other than by renunciation or deprivation may be granted Austrian citizenship after 1 year's residence in Austria. Austrian citizenship must have been possessed for 10 years before it was lost.
  • A person who lost Austrian nationality as a child (other than by deprivation) may re-acquire it by declaration within 2 years of turning 18.

Stateless persons born in Austria

A stateless person born in Austria may be granted Austrian citizenship within two years of age 18 if he has lived in Austria for a total of 10 years, including 5 years continuously before application.

Appointment to a professorship at an Austrian university

As a result of the fact that appointment to a professorship at an Austrian university or other institute of higher learning entailed being named a state official before the year 2001 3, foreign citizens formerly received Austrian citizenship immediately when they took office, without additionally applying for citizenship, or being compelled to do so 4.

Austria’s entry into the European Union meant that citizens of other member countries now enjoyed the same rights to access to employment as Austrians (as a consequence of broader European integration). This meant that the automatic conferment of citizenship on professors was valid only for citizens of non-EU states 5. However, since September 1, 2001, postings for university professorships are to be advertised exclusively as private-sector employment 6. Therefore, the requirement of automatic conferment of citizenship on foreign-nationals named to professorships (as found in § 25 Abs. 1 StbG) was rendered obsolete. This article was therefore determined to be no longer valid by the First Federal Constitutional Cleanup Law (Erste Bundesverfassungsrechtsbereinigungsgesetz) of January 4, 2008. 7

The regulation for professors (Dienstantritt als Universitätsprofessor, § 25 Abs. 1) was thereby abolished by the revision of the law in 2008. 8

Furthermore, spouses and minor unmarried children of those professors who were still named state officials previously also received Austrian citizenship (§ 25 Abs. 2 and 3) by declaring, within one year of the spouse’s/parent’s acceptance as a citizen, “a desire to be a loyal citizen of the Republic”. In this special case of naturalization, dual citizenship was permitted. A parliamentary survey 9 on the number of people naturalized in this fashion showed that there had been no statistics collected on this point.

Loss of Austrian citizenship

An Austrian citizen who acquires another citizenship by voluntary action automatically loses Austrian citizenship. The exception is in cases where permission to retain Austrian citizenship has been obtained in advance. This may be difficult to obtain, since it needs to be in the interest of the republic of Austria to grant this dual citizenship (e.g. when somebody is a celebrity in arts, sports, science, economy etc.). However, in practical terms conditions have relaxed. If, for example, an Austrian citizen wants to obtain U.S. citizenship because he/she lives in the U.S. but has still personal or at least some commercial interests in Austria and applies for permission to retain Austrian citizenship, that request is usually granted and has become almost a formality. The important part is, that the application to retain Austrian citizenship is made BEFORE acquiring another citizenship. Otherwise the Austrian citizenship is automatically lost the moment a person obtains a foreign citizenship. The law can change at any time, however, especially should the power in the Austrian parliament shift dramatically after an election and a party opposed to the current law regains absolute majority.[3][4]

Austrian citizenship is also automatically lost by serving in a foreign army.

Dual citizenship

Austrian law substantially restricts dual citizenship. In general, only the following categories of Austrian citizens may possess a foreign nationality:

  • those acquiring another nationality at birth, such as children born to Austrian parents in another country, thus automatically gaining citizenship of that country, or those born with an Austrian and a foreign parent.
  • naturalized Austrian citizens who are unable to renounce their existing nationality.
  • those who acquire Austrian citizenship on the basis of being appointed a professor at an Austrian university.
  • Austrian citizens who naturalize in another country with permission obtained to retain Austrian citizenship.

Austrian citizenship and Germany

Between 13 March 1938 and 27 April 1945, German nationality law extended to Austria. Those acquiring Austrian citizenship upon the re-establishment of Austria generally lost German citizenship on that date.

Citizenship of the European Union

Austrian citizens are also citizens of the European Union and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament.

References

  1. ^ a b European Journal. "Austria: The long road to citizenship". YouTube. 
  2. ^ [1] Austrian Foreign Ministry -> Embassy -> Consulate General New York -> Austrian Citizenship
  3. ^ Biles, Peter (29 Apr 2002). "Citizenship classes: The Austrian way".  
  4. ^ Bell, Bethany (24 Dec 2002). "Back to school for Austria immigrants".  

External links

  • The Legal Information System of the Republic of Austria (RIS)
  • Austrian Nationality Act 1985 in the version of FLG I No. 37/2006 - in English
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