Obtaining Austrian Citizenship: A Comprehensive Guide

Austria is a desirable place to live, with a very high quality of life, a stable and prosperous economy, and awe-inspiring natural attractions. Austrian citizenship is highly sought after, and there are several ways to obtain it. These include citizenship by descent, award, or investment. The basic requirements for naturalization are outlined in the Austrian Citizenship Law, and include a clean criminal record, proof of financial stability, proficiency in German, and a positive attitude towards Austria. Obtaining Austrian citizenship can be challenging, but with patience and dedication, it is possible to achieve this goal and enjoy the benefits of being an Austrian citizen.

Austrian citizenship by investment

Austria is one of the wealthiest countries in Europe, offering a high quality of life, awe-inspiring natural attractions, and a well-developed and stable economy. It is an excellent place to establish residence within the EU, being the only Western European country that offers the possibility to obtain citizenship by investment and an EU passport without prior residence requirements.

Qualifying investments usually amount to between €800,000 and €10 million. They can take the form of a joint venture, direct investment in an active business that creates jobs, or the introduction of science, research, or innovation technologies to Austria. It could also be a donation to a relevant public project. Furthermore, the foreign national must have a significant influence over an entity with strong economic performance and an international reputation.

In addition to the investment, applicants must provide a comprehensive CV, business background information, and impeccable references. A clean criminal record, valid passport, birth and marriage certificates, and health insurance are also required. The main applicant can include their spouse and dependent children in their application.

There are no specific residence requirements, but applicants may need to demonstrate a connection to Austria and spend some time in the country. The grant of citizenship involves various procedures and requires government approval at several levels. It is important to note that Austrian Citizenship Act requires the applicant to abandon their current citizenship as a precondition for being granted Austrian citizenship. However, in the case of a grant of citizenship under Article 10 (6) of the Citizenship Act, the former citizenship can be legally maintained.

Austrian citizenship by birth

Austrian citizenship by descent is a principle that allows individuals to acquire Austrian citizenship based on the nationality of their parents. This method of gaining citizenship is particularly relevant for those born to an Austrian parent or parents, giving them the right to become Austrian citizens themselves. The process is governed by specific regulations, which include conditions such as the marital status of the parents at the time of the child's birth and whether paternity has been acknowledged by an Austrian father.

Eligibility Criteria for Austrian Citizenship by Descent:

If both parents are Austrian nationals, the child automatically acquires Austrian nationality at birth. If the parents are married and only the father is an Austrian citizen, the child will also be granted citizenship. In cases where the parents are not married, citizenship through the Austrian father is contingent on him legally acknowledging paternity within eight weeks of the child's birth.

Application Process for Citizenship by Descent:

To apply for Austrian citizenship by descent, one must follow a sequence of steps, including gathering and authenticating necessary documentation and submitting the application through the appropriate channels. All foreign documents, such as birth and marriage certificates, must be authenticated with an Apostille to be considered valid. The application should be submitted to the Austrian consulate or embassy in the applicant's country of residence, and the Federal Ministry of Interior in Austria will review the application. Upon submission, the provincial government of the applicant's last residence in Austria or their ancestors' last known address will play a crucial role in the review process and verification of documentation.

Dual Citizenship and Austrian Law:

Austrian law restricts dual citizenship but offers certain exceptions. Under the Austrian Citizenship Act, individuals are generally expected to relinquish any other nationality upon acquiring Austrian citizenship. However, exceptions exist where dual citizenship is permitted. For instance, if an individual acquires Austrian citizenship by descent and is entitled to another citizenship at birth, Austria does not require them to renounce the other citizenship. Another exception applies to descendants of victims of Nazi persecution, who can claim Austrian citizenship without renouncing their current citizenship(s) due to legal amendments.

Austrian citizenship by marriage

Austrian citizenship can be acquired by marriage to an Austrian citizen. Here are the requirements and procedures for obtaining Austrian citizenship through this method:

Requirements:

• The spouse of an Austrian national must reside legally and continuously in Austria for at least six years.
• The couple must have been married and living in a joint household for at least five years.
• The alien spouse must renounce their previous citizenship.
• Sufficient knowledge of the German language is required.
• A positive attitude towards the Republic of Austria is necessary.
• There should be no pending criminal charges or convictions, both in Austria and abroad.
• The spouse must demonstrate successful personal and professional integration into Austrian society.

Procedure:

• Prepare and legalize the required documents. This includes translating all documents into German and having them certified by the Ministry of Foreign Affairs and the Austrian Embassy.
• Submit the application for Austrian citizenship to the Provincial Administration (Amtes der Landesregierung).
• The Provincial Administration will review the case and may request an interview.
• If the application is approved, the Austrian government will grant citizenship.
• Obtain a certificate of citizenship, which must be included when applying for an Austrian passport and ID card.

It is important to note that Austria does not allow dual citizenship. Therefore, the applicant must renounce any other citizenship they hold when applying for Austrian nationality.

Austrian citizenship by naturalisation

Austrian citizenship can be acquired by naturalisation, which requires fulfilling the general requirements for naturalisation and filing an application. Here are the key details on acquiring Austrian citizenship by naturalisation:

General Requirements for Naturalisation

• 10 years of legal and continuous residence in Austria, including a minimum of 5 years with a residence permit.
• No criminal record or pending criminal actions in Austria or abroad.
• Sufficient financial means and proof of regular earnings or income over the last 6 years.
• German language proficiency and basic knowledge of Austria's democratic system, history, and fundamental principles.
• Positive attitude towards the Republic of Austria and no association with extremist or terrorist groups.
• No current prohibition of residence or enforceable return decision to another country.
• Renunciation of previous citizenship (unless an exception applies).

Application Process

The application for Austrian citizenship by naturalisation can be filed using the official form "Verleihung bzw. Erstreckung der Verleihung der österreichischen Staatsbürgerschaft" or without an official form. The required documents may vary depending on personal circumstances. All foreign language documents must be presented in the original language along with a certified German translation.

Exemptions and Special Cases

The residence requirement for naturalisation may be reduced or waived for certain groups, including recognised refugees, citizens of other EEA nations, former citizens of Austria, and individuals with sufficient knowledge of the German language or proof of substantial personal integration. Additionally, spouses and minor children of Austrian citizens may be eligible for a simplified process.

Reacquisition of Austrian citizenship

There are several ways in which Austrian citizenship can be reacquired. Here are the key methods:

• Women of Austrian origin who married foreign citizens and lost their Austrian citizenship before 1 September 1983 can apply for reacquisition if they make an application within 5 years after getting a divorce or if their husband passes away.
• Former Austrian citizens who had citizenship for at least 10 years before losing their nationality can benefit from a privileged re-acquisition of citizenship by a shortened procedure. Applicants must be present in Austria and declare that they renounce their foreign citizenship.
• People who were forced to leave Austria or were persecuted before 9 May 1945 can regain Austrian citizenship by declaration.
• Austrian citizens who lost their citizenship by voluntarily joining the armed forces of a foreign country may be able to reacquire Austrian citizenship. This is also the case for those who lost their citizenship due to working for a foreign state that adversely affected Austrian interests.
• Those who fail to revoke their former citizenship within a maximum of 2 years of obtaining Austrian citizenship may lose their Austrian citizenship, but they can then take steps to reacquire it.

It is important to note that reacquiring Austrian citizenship can be complicated from a legal standpoint, so it is advised that individuals consult with a lawyer in Austria to understand the specific steps and requirements for their particular situation.

Frequently asked questions