Dual Citizenship: Austrian And American — Is It Possible?

Austrian citizenship law does not permit dual citizenship. Any Austrian who voluntarily acquires a foreign citizenship loses their Austrian citizenship unless they have applied for a permit of retention. This must be done before acquiring foreign citizenship and must be approved by a written decision. An exception to this rule is the acquisition of citizenship by descent. If an individual acquires Austrian citizenship and another citizenship at the time of birth, Austrian citizenship is not lost.

US law permits dual citizenship. However, it is important to note that US citizens are required to enter and exit the country with a US passport.

Therefore, it is possible to have both Austrian and American citizenship, but only if Austrian citizenship was acquired at birth.

Obtaining Austrian citizenship by descent

Austrian citizenship can be acquired by descent, award, extension of the award, or re-acquisition. Here is a detailed guide on obtaining Austrian citizenship by descent:

Children born in wedlock obtain Austrian citizenship by birth if one of the parents is an Austrian citizen at the time of the child's birth. This applies to children born before 1 September 1983, where Austrian citizenship is acquired if the father is Austrian. For children born out of wedlock, Austrian citizenship is obtained if the mother is Austrian at the time of birth. Since 1 August 2013, children born out of wedlock obtain Austrian citizenship if the father is Austrian and an acknowledgement of paternity is made within eight weeks of the child's birth.

If the parents are not married and only the father is Austrian, but the mother is a national of another country, the child acquires Austrian citizenship when the father recognizes his parenthood within eight weeks or if his fatherhood is determined by a court. In cases where recognition of fatherhood or court determination is made after this timeframe, a simplified procedure for awarding Austrian citizenship is available.

If the non-Austrian parent's country of citizenship also foresees a jus sanguinis (like Austria), the child will have dual citizenship. According to Austrian law, the child does not need to choose between Austrian and the other nationality upon becoming an adult, but the other state may require such a decision.

It is important to note that Austrian citizenship laws were amended in 2019 to include descendants of female Holocaust survivors, allowing for eligibility through both paternal and maternal descent. This amendment also extended the timeline of leaving Austria during the Nazi era by ten years.

Additionally, if your grandparent(s) lived in Austria proper, even if born in successor states of the former Austro-Hungarian monarchy between 1933 and 1955, and was persecuted by the regime, you are entitled to Austrian citizenship. Official documents are necessary to support this claim.

Obtaining Austrian citizenship by marriage

Austrian nationality law outlines the conditions by which an individual is a national of Austria. The primary law governing these requirements is the Nationality Law, which came into force on 31 July 1985.

An individual married to an Austrian national may obtain Austrian citizenship if they meet the following requirements:

• The applicant has been legally and continuously resident in Austria for at least six years.
• The applicant has been married for at least five years in a joint household.
• The alien spouse must renounce their present citizenship.

Obtaining Austrian Citizenship by Application

An individual can obtain Austrian citizenship by application if they meet one of the following requirements:

• They have lived in Austria permanently for at least thirty years.
• They have lived in Austria permanently for at least fifteen years and can demonstrate successful personal and professional integration in Austria.
• They have lived in Austria for at least ten years (a minimum of five years as a permanent resident).
• They have sufficient financial means/secure income.
• They have sufficient knowledge of the German language.
• They have a positive attitude towards the Republic of Austria.

Exemptions to the Residence Requirement

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

• Recognized refugees (10 years).
• Citizens of other European Economic Area nations (6 years).
• Persons born in Austria.
• Former citizens of Austria.
• Persons with knowledge of the German language at level B2 or with proof of substantial personal integration (after 6 years of uninterrupted residence).

Obtaining Austrian Citizenship by Descent

Children born in wedlock obtain Austrian citizenship by birth if one of the parents is an Austrian citizen at the time of the child's birth. Children born before 1 September 1983 obtain Austrian citizenship only if the father is Austrian. Children born out of wedlock obtain Austrian citizenship if the mother is Austrian at the time of the child's birth. Since 1 August 2013, children born out of wedlock obtain Austrian citizenship if the father is Austrian at the time of the child's birth and an acknowledgment of paternity is made within eight weeks of the child's birth.

Obtaining Austrian citizenship by application

It is possible to obtain Austrian citizenship by application. Here are the requirements and procedures to do so:

Requirements for Obtaining Austrian Citizenship by Application:

• Permanent residence in Austria for at least thirty years, or
• Permanent residence in Austria for at least fifteen years with successful personal and professional integration.

Additionally, aliens may apply for Austrian citizenship if they meet the following preconditions:

• A minimum of ten years of continuous residence in Austria, with at least five years as a permanent resident.
• Sufficient financial means or secure income.
• Proficiency in the German language.
• A positive attitude towards the Republic of Austria.

It is important to note that some aliens, such as EEA citizens, may be eligible for citizenship after only six years of permanent residence in Austria.

Procedures for Obtaining Austrian Citizenship by Application:

To apply for Austrian citizenship, individuals must submit an application to the office of the provincial government. The application can be made using the form "Verleihung bzw. Erstreckung der Verleihung der österreichischen Staatsbürgerschaft" or without an official form. The specific documents required may vary depending on personal circumstances, so it is recommended to contact the responsible department of citizenship for detailed information.

For citizens with residence in Vienna, additional information can be found on the website of the City of Vienna ("Staatsbürgerschaftsangelegenheiten und Services"). Foreign language documents must be presented in the original language along with a certified German translation. Translations must be completed by a translator who is sworn and certified in Austria.

General Requirements for Naturalization:

• No judicial condemnation or pending criminal action in Austria or abroad.
• No severe administrative offences with a special degree of unlawfulness.
• Sufficiently secured maintenance and regular earnings over the last six months.
• Proficiency in German language skills and basic knowledge of the democratic system, fundamental principles, and Austrian history.
• Positive attitude towards the Republic of Austria and no danger to public peace, order, or security.
• No pending proceedings regarding the termination of residence, current prohibition of residence, or enforceable return decision.
• No return decision from another EEA country or Switzerland.
• No eviction order within the last twelve months and no upright entry prohibition.
• No close relationship to any extremist or terrorist group.
• Loss of previous citizenship (unless eligible for dual citizenship).

Effects on US Citizenship:

It is important to note that obtaining Austrian citizenship may have implications for US citizenship. US law allows US citizens to hold dual citizenship. However, specific conditions must be met, and individuals should consult US citizenship laws to understand the potential consequences.

Obtaining Austrian citizenship by re-acquisition

It is possible to obtain Austrian citizenship by re-acquisition if you are a former Austrian citizen who lost citizenship by getting married to a foreign spouse before 1 September 1983. In this case, you may re-obtain Austrian citizenship if you apply for it within five years of your spouse's death or your divorce. Additionally, if you were an Austrian national for at least ten years before losing your citizenship, you may be eligible for a preferential re-acquisition through a simplified procedure. However, you must be present in Austria and give up any foreign nationality to qualify for this option.

Furthermore, individuals who were forced to leave Austria as citizens before 9 May 1945 due to fears of persecution by the NSDAP, the authorities of the Third Reich, or in defence of the democratic Republic of Austria may also re-establish their Austrian citizenship by declaration. This option is available to those who suffered or were persecuted by these entities as well.

It is important to note that the process of obtaining Austrian citizenship by re-acquisition may vary depending on individual circumstances, and specific requirements and procedures should be confirmed with the relevant Austrian authorities.

Regarding your specific situation of holding American citizenship and seeking to obtain Austrian citizenship, it is important to consider the laws and requirements of both countries. While some countries allow dual citizenship, others may require the renunciation of previous citizenship upon acquiring a new one. It is recommended to consult with the appropriate authorities and seek legal advice to understand the specific requirements and implications for your case.

Obtaining Austrian and American citizenship simultaneously

Austria is known for its restrictive policies when it comes to granting citizenship to foreign nationals. The country's citizenship laws do not recognize dual citizenship, which means that individuals seeking Austrian citizenship are typically required to renounce their previous nationality. However, there may be certain exceptions and special circumstances where holding both Austrian and American citizenships is possible. Here is an overview of the key pathways and considerations:

Austrian Citizenship by Descent:

Austria allows individuals to acquire citizenship by descent if one of their parents is an Austrian citizen. Children born in wedlock automatically become Austrian citizens if one parent, either the mother or father, holds Austrian citizenship at the time of their birth. For children born out of wedlock, Austrian citizenship is acquired if the mother is an Austrian citizen. In cases where the parents are not married and only the father is an Austrian citizen, he must acknowledge paternity within eight weeks of the child's birth for the child to obtain Austrian citizenship.

It is important to note that Austria's citizenship laws have evolved over time, and children born before September 1, 1983, may have different requirements for obtaining citizenship by descent.

Austrian Citizenship by Marriage:

An individual can obtain Austrian citizenship by marriage if they meet specific requirements. The alien spouse of an Austrian national must have legally and continuously resided in Austria for at least six years and have been married for a minimum of five years in a joint household. Importantly, the spouse must renounce their present citizenship to acquire Austrian citizenship through marriage.

Austrian Citizenship by Application:

Austrian citizenship can also be obtained through application. Foreign nationals may qualify for citizenship if they have lived in Austria permanently for at least thirty years or at least fifteen years with demonstrated successful personal and professional integration. Additionally, aliens may apply for citizenship after at least ten years of continuous stay in Austria, with at least five years as a permanent resident. Other prerequisites include sufficient financial means, knowledge of the German language, and a positive attitude towards the Republic of Austria.

Austrian Citizenship for Victims of the Nazi Regime and Their Descendants:

In recognition of its historical responsibility, Austria has amended its Citizenship Act to allow victims of the National Socialist regime and their descendants to acquire Austrian citizenship. Direct descendants of those persecuted or fearing persecution by the Nazi regime may be eligible for Austrian citizenship. This pathway does not require the renunciation of current citizenship or nationality.

Obtaining American Citizenship:

While the focus here is on Austrian citizenship, it is worth noting that the United States also has specific requirements for obtaining citizenship. These include requirements based on birth, descent, or naturalization. Individuals seeking American citizenship should refer to official US government sources for detailed and up-to-date information.

In conclusion, while Austria generally requires the renunciation of previous citizenship, there may be exceptions, particularly in the case of victims of the Nazi regime and their descendants. Individuals seeking to hold both Austrian and American citizenships simultaneously should carefully review the eligibility requirements and consult official sources and legal experts for personalized advice.

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