Marry An Austrian: Gain Citizenship?

Austrian citizenship can be acquired by descent, award, or extension of an award. While birth in Austria does not confer Austrian citizenship, it may reduce the residence requirement for naturalisation. Generally, applicants must have resided in Austria for at least 10 years, with a minimum of 5 years with a residence permit. However, there are exceptions to the residence requirement, such as for citizens of other European Economic Area nations, who only need to reside in Austria for 6 years. Spouses of Austrian citizens can also obtain citizenship through marriage, but there are specific requirements that must be met.

The marriage must have lasted at least 5 years

To become an Austrian citizen by marriage, the marriage must have lasted for at least five years. This is one of the requirements for the marriage exemption to the usual 10-year residence period for naturalisation as an Austrian citizen. The spouse must also have lived in Austria with a settlement permit for at least six years.

The marriage exemption is the most restrictive in the European Union for foreign spouses to obtain citizenship. The general requirements for naturalisation in Austria include 10 years of legal and continuous residence in the country, with a minimum of five years with a residence permit.

Other requirements for naturalisation include:

• No criminal record
• No pending criminal action in Austria or abroad
• No severe administrative offences
• Sufficiently secured maintenance
• Proof of fixed and regular earnings over a period of 36 months within the last six years before the application
• German language skills
• Basic knowledge of the democratic system, history, and fundamental principles of Austria
• Positive attitude towards the Republic of Austria
• No close relationship to any extremist or terrorist group

Austrian nationality law details 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. The law has been updated several times since then, with the most recent update in 2019.

The spouse must have lived in Austria for at least 6 years

To become an Austrian citizen through marriage, the spouse must have lived in Austria for at least six years. This is a key requirement for anyone seeking to gain Austrian citizenship through marriage. The spouse must also hold a settlement permit (Niederlassungsbewilligung) and have been married for at least five years, with the couple living together in a common household during this time.

The six-year residence requirement is a critical aspect of the process, ensuring that the spouse has established a long-term presence in the country. This demonstrates a commitment to Austria and indicates that the applicant has integrated into Austrian society. It also allows the authorities to assess the applicant's character and conduct over an extended period.

During these six years, the spouse must fulfil various criteria to be eligible for Austrian citizenship. This includes demonstrating a positive attitude towards the Republic of Austria and posing no threat to public peace, order, and security. They must also have no criminal record or pending criminal proceedings, either in Austria or abroad.

Additionally, the spouse must meet specific financial requirements. They need to provide proof of their own fixed and regular earnings over a period, ensuring they can maintain a stable income in Austria. This proof can be in the form of bank statements or other relevant documents.

The spouse must also possess sufficient knowledge of the German language and understand Austria's democratic system and history. This requirement ensures that new citizens can effectively integrate into Austrian society and participate fully in civic life. It also enables them to navigate administrative tasks, access information, and communicate effectively with their fellow citizens.

A clean criminal record is required

One of the essential requirements for obtaining Austrian citizenship through marriage is having a clean criminal record. This means that you must not have been convicted of any serious or criminal offenses that would reflect poorly on your character and raise doubts about your suitability for citizenship. Both your home country and Austria will be considered when evaluating your criminal record.

In the context of Austrian citizenship applications, a clean criminal record indicates that you have not been found guilty of any crimes or offenses that are punishable by a prison sentence. This includes not only convictions but also any pending criminal cases or investigations that could potentially result in a conviction. The evaluation of your criminal record is a comprehensive process, and any discrepancies or concerns may lead to your application being rejected.

To demonstrate your clean criminal record, you will need to provide a criminal record certificate or a similar document issued by the appropriate authorities in your country of origin or any country where you have resided for an extended period. This document should cover your entire period of residence in that country and clearly state that you have no criminal convictions. If you have lived in multiple countries, you may need to obtain separate criminal record certificates from each one.

It is important to note that even minor offenses or crimes that may be considered less serious in your home country could impact your eligibility for Austrian citizenship. The Austrian authorities take a stringent approach to evaluating criminal records, and any indication of criminal activity, regardless of its nature, could result in your application being denied. Therefore, full transparency and disclosure of any relevant information are crucial.

Knowledge of German is required

Austria has specific requirements for those seeking citizenship, and one of the key components is demonstrating proficiency in the German language. This requirement stems from the country's recognition of the importance of language in societal integration.

German language skills are essential for anyone seeking Austrian citizenship, regardless of the path to citizenship. This includes those acquiring citizenship by marriage, descent, award, or naturalization. The ability to speak and understand German is seen as a crucial aspect of successful integration into Austrian society.

For those seeking citizenship by marriage, it is important to note that, in addition to being married to an Austrian national for a minimum of five years, you must also have lived in Austria for at least six years. During this time, you will be expected to develop basic German language skills to fulfil the requirements for citizenship.

The specific requirements for proving German language proficiency may vary, but they generally involve fulfilling module 2 of the Integration Agreement according to § 10 Abs. 2 IntG. This module assesses your ability to communicate in German in everyday life situations. However, there are exceptions to this requirement, such as for those who have German as their native language or minors attending Austrian schools.

It is worth noting that German language skills are also essential when submitting an application for citizenship. All foreign documents must be translated into German and legalized by the Ministry of Foreign Affairs and the Austrian Embassy. This includes documents such as birth certificates, marriage certificates, and passports.

Additionally, when applying for Austrian citizenship, you may be required to demonstrate knowledge of Austria's democratic system, fundamental principles, and history. This can be done through a written examination or by providing a degree in "History and Social Sciences" at the 8th-grade level of a lower secondary school.

In conclusion, knowledge of the German language is a fundamental requirement for anyone seeking Austrian citizenship by marriage or any other means. It demonstrates your commitment to integrating into Austrian society and is an essential step towards successfully obtaining Austrian citizenship.

Proof of domicile in Austria is required

To become an Austrian citizen by marriage, you must be married to an Austrian national and have been living with them in Austria for at least six years. You must also have been granted a residence permit. Third-country nationals who intend to stay in Austria for more than six months require a residence permit. EEA, EU, and Swiss citizens can stay in Austria for up to 90 days without a residence permit, but if they intend to stay longer, they must request a "confirmation of registration of Right of Residence under EU law" from the competent authority.

• Lease or rental agreement: Providing a valid lease or rental agreement with your name and Austrian address can serve as proof of domicile. This document typically includes details such as the property address, your name as the tenant, and the term of the lease.
• Utility bills: Recent utility bills, such as electricity, gas, or water bills, addressed to you at your Austrian residence can be used as supporting evidence of your domicile. Ensure that the bills are dated within a reasonable timeframe specified by the authorities.
• Bank statements: Bank statements or other financial documents that display your name and Austrian address can also serve as proof of domicile. These statements should be recent and clearly show your personal information, including your address.
• Employment records: If you are employed in Austria, your employment records or pay stubs may provide evidence of your domicile. These documents typically include your employer's address and your registered address in the country.
• Registration with the local authorities: In some cases, you may need to register your address with the local authorities. This registration serves as official recognition of your domicile in Austria and can be used as proof when applying for citizenship.
• Tax documents: Tax-related correspondence or documents, such as tax assessment notices or tax payment receipts, can also be used to demonstrate your domicile in Austria. These documents typically include your address as registered with the tax authorities.

It is important to note that the specific requirements for proving domicile may vary, and additional or alternative documents may be requested. Therefore, it is always advisable to refer to official sources and consult with the relevant Austrian authorities to ensure you have the correct and most up-to-date information.

Frequently asked questions