Austria is one of Europe's wealthiest countries, offering a very high quality of life to its people. With awe-inspiring natural attractions and a well-developed and stable economy, Austria makes for an outstanding place of residence. Austrian citizenship brings many benefits, including the right to live and work in any EU or EEA country, and the ability to pass citizenship on to future generations. However, it is not possible to obtain citizenship simply by living in the country. So, how can one acquire Austrian citizenship?
Characteristics | Values |
---|---|
Acquisition of Austrian citizenship | Descent, award, extension of the award, citizenship by investment |
Acquisition by descent | Child's mother is an Austrian citizen, or parents are married and father is Austrian |
Acquisition by award | Fulfill general requirements for naturalization and file an application |
General requirements for naturalization | 10 years of legal and continuous residence in Austria, minimum 5 years with a residence permit, no criminal record, proof of fixed and regular earnings, German language skills, positive attitude towards Austria |
Citizenship by investment | Make a substantial contribution to the Austrian economy, e.g., through a joint venture or direct investment in a business |
Dual citizenship | Not generally permitted, but exceptions include acquisition of citizenship by descent and special cases like notable individuals in arts, sports, science, business, etc. |
What You'll Learn
Obtaining Austrian citizenship by descent
Austrian citizenship can be acquired by descent, award, or extension of an award. Here is a detailed guide on obtaining Austrian citizenship by descent:
Citizenship by Descent
If either of your parents is an Austrian citizen, you are automatically eligible for Austrian citizenship, even if you were born in a different country. If your mother is an Austrian citizen, you automatically become an Austrian citizen at birth. The same applies if your parents are married and only your father is an Austrian citizen.
If your parents are not married and only your father is an Austrian citizen, but your mother is a national of another country, you will acquire Austrian citizenship if your father recognizes his parenthood within eight weeks, or if his paternity is determined by a court. If this recognition or determination occurs after this timeframe, you may still be awarded Austrian citizenship through a simplified procedure.
In cases where your parents are of different nationalities, and the country of citizenship of the non-Austrian parent also follows the principle of jus sanguinis (like Austria), you will have dual citizenship. According to Austrian law, you do not have to choose between Austrian citizenship and the other nationality upon reaching adulthood, although the other state may require such a decision.
Citizenship for Victims of National Socialism and Their Descendants
The Austrian parliament amended the Austrian Citizenship Act in October 2019, recognizing its historical responsibility towards victims of National Socialism and their descendants. Descendants of victims of the National Socialist regime can now acquire Austrian citizenship by submitting a declaration ("Anzeige") and are not required to give up their current citizenship or nationality.
If your grandmother or grandfather lived in Austria between 1933 and 1955 and was persecuted by the regime, you are entitled to Austrian citizenship. This includes grandchildren of Jewish Holocaust survivors, regardless of whether the survivor was male or female. Supporting evidence in the form of official documents is necessary for obtaining an Austrian passport through grandparents.
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Obtaining Austrian citizenship by marriage
Austrian citizenship can be acquired by descent, award, extension of the award, or marriage.
If you are married to an Austrian national, you may obtain Austrian citizenship if you meet the following requirements:
- You have been married for at least five years and living in a common household.
- You have been legally and continuously resident in Austria for at least six years with a settlement permit.
- You renounce your present citizenship.
All foreign documents must be translated into German and legalized by the Ministry of Foreign Affairs and the Austrian Embassy.
General Requirements for Naturalization
In addition to the requirements specific to obtaining citizenship by marriage, there are also general requirements for naturalization that must be fulfilled:
- 10 years of legal and continuous residence in Austria, with a minimum of 5 years with a residence permit.
- No criminal record or pending criminal action in Austria or abroad.
- Sufficiently secured maintenance and regular earnings.
- German language skills and basic knowledge of the democratic system, history, and fundamental principles of Austria.
- Positive attitude towards the Republic of Austria and no close relationship to any extremist or terrorist group.
- No current prohibition of residence or enforceable return decision from another EEA country or Switzerland.
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Obtaining Austrian citizenship by application
Austrian citizenship can be acquired by descent, award, extension of the award, or application. Here is some detailed information on obtaining Austrian citizenship by application:
An individual can obtain Austrian citizenship by application if they meet one of the following requirements:
- Permanent residence in Austria for at least thirty years.
- Permanent residence in Austria for at least fifteen years, with demonstrated successful personal and professional integration.
- At least ten years of continuous stay in Austria, with a minimum of five years as a permanent resident.
- Sufficient financial means and a secure income.
- Sufficient knowledge of the German language.
- A positive attitude towards the Republic of Austria.
Some applicants may be eligible to apply for citizenship after six years of permanent residence in Austria, including citizens of other European Economic Area (EEA) nations.
General Requirements for Naturalization
In addition to the above criteria, applicants for Austrian citizenship by application must also meet the following general requirements for naturalization:
- No criminal record or pending criminal action in Austria or abroad.
- No severe administrative offences with a special degree of unlawfulness.
- Sufficiently secured maintenance and regular earnings.
- Proof of German language skills and basic knowledge of the democratic system, the history of Austria, and the fundamentals of the provincial government.
- 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.
- Renunciation of previous citizenship (if applicable).
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Obtaining Austrian citizenship by re-acquisition
To obtain Austrian citizenship by re-acquisition, there are several conditions that must be met. Firstly, former Austrian citizens who lost their citizenship must have held it for at least ten uninterrupted years while residing in Austria. Additionally, they must have lost their citizenship in a way other than renunciation or deprivation.
Former citizens who meet these criteria can regain Austrian citizenship after residing in the country for one year. This requirement can be waived in certain cases, such as for former citizens who lost their citizenship during marriage by acquiring the same citizenship as their spouse. In such cases, they must apply within five years of the dissolution of the marriage.
It is important to note that the decision on whether the requirement of staying in Austria is met falls within the exclusive competence of the federal states.
Austrian citizenship can also be reacquired by former citizens who are considered "putative Austrians". These are individuals who have been wrongly treated as citizens by an Austrian authority for at least 15 years through no fault of their own. By submitting a written declaration to the citizenship authority, they can regain their citizenship.
Furthermore, individuals who were presumed to be Austrian citizens by descent but were later found to have not acquired citizenship due to a determination of paternity can also reacquire citizenship. They need to submit a written declaration to the citizenship authority stating that they were presumed citizens by virtue of descent or legitimation.
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Loss of Austrian citizenship
Austrian citizenship can be lost in several ways. Firstly, according to Section 27 of the Austrian Citizenship Act, a citizen will lose Austrian citizenship if they acquire a foreign nationality of their own volition, such as through an application, a declaration, or express consent. This is because dual citizenship is substantially restricted by Austrian law. The only exception is if permission to retain Austrian citizenship has been obtained in advance, which may be granted if it is in the interest of the Republic of Austria, such as for notable individuals, or if the citizen would suffer hardship by losing their second citizenship.
Secondly, Austrian citizenship is lost if an individual voluntarily serves in a foreign military. Thirdly, citizenship can be revoked through deprivation, for example, if an individual damages the interests or reputation of the Republic. Fourthly, citizenship can be lost through renunciation, which requires a declaration of renunciation by the citizen.
It is important to note that the loss of Austrian citizenship is permanent and irreversible, even if the foreign citizenship is later relinquished. Therefore, it is strongly advised to obtain approval for the retention of Austrian citizenship before acquiring foreign citizenship.
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