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Austrian citizenship law does not allow dual citizenship, and any Austrian who acquires a foreign citizenship generally loses their Austrian citizenship. However, there are exceptions to this rule. For example, if an Austrian citizen naturalizes in another country and obtains permission to retain their Austrian citizenship, they can hold dual citizenship. This permission must be granted before acquiring foreign citizenship, and it is typically granted in cases where it is in the interest of Austria or where there are notable achievements or contributions in fields such as arts, sports, or science. Additionally, descendants of victims of the National Socialist regime can acquire Austrian citizenship without giving up their current citizenship.
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What You'll Learn
- Austrian citizenship law does not allow dual citizenship
- Permission to retain Austrian citizenship may be granted if it is in the interest of the Republic of Austria
- You must apply to retain Austrian citizenship in writing before acquiring US citizenship
- Austrian citizenship can be retained if it is in the citizen's best interest, e.g., to keep their green card
- Automatic dual citizenship is granted to children with one Austrian parent if they are born in a country with the territoriality principle
Austrian citizenship law does not allow dual citizenship
Firstly, if a child is born with Austrian citizenship and automatically acquires another citizenship at birth (for example, through descent from a non-Austrian parent or by birth in a country that follows the "ius soli" principle, like the USA), they will have dual citizenship without losing their Austrian citizenship. It is important to note that this acquisition of foreign citizenship must be automatic and based on the applicable citizenship laws at the time of birth.
Secondly, individuals can apply for permission to retain their Austrian citizenship before acquiring foreign citizenship. This application must be made in writing and approved by the relevant provincial government office. Permission may be granted if it is in the best interests of the Republic of Austria due to services rendered or expected to be rendered by the applicant, or if there are particularly pertinent circumstances in the applicant's private and family life. For minors, retention of Austrian citizenship may be allowed if it is in their best interests.
Additionally, Austria may waive the requirement to renounce previous citizenship if it serves the special interests of the Republic. This could be due to the foreign national's extraordinary achievements or those expected of them in the future. In such cases, Austrian citizenship is conferred on the basis that it benefits the state.
It is important to note that the process of retaining or acquiring Austrian citizenship can be complex, and individuals should seek guidance from the competent Austrian citizenship authority or the Austrian diplomatic representation in their home country.
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Permission to retain Austrian citizenship may be granted if it is in the interest of the Republic of Austria
Austrian citizenship law does not typically allow dual citizenship. However, in some cases, Austrian citizens may be granted permission to hold dual citizenship if it is in the interest of the Republic of Austria. This could be due to several reasons.
Firstly, if an Austrian citizen has rendered or is expected to render services that are beneficial to Austria, the government may allow them to retain their Austrian citizenship while acquiring foreign citizenship. This could be due to their extraordinary achievements or expected future achievements. For example, if an individual has made significant contributions to Austria through scientific research, technological innovations, cultural endeavours, or athletic accomplishments, the government may deem it in the country's best interest for that person to maintain their Austrian citizenship.
Secondly, retaining Austrian citizenship may be permitted if there are particularly pertinent circumstances in the applicant's private and family life. For instance, if an Austrian citizen has close family ties in Austria, such as elderly parents or dependent children, the government may consider it in the country's interest to allow them to keep their Austrian citizenship to ensure the well-being of the family. Additionally, if an Austrian citizen has lived in Austria for an extended period, maintaining strong social and cultural connections, the government may decide that it is worthy of consideration to allow them to retain their Austrian citizenship.
Furthermore, in the case of minors, special consideration is given to their best interests. If a minor is expected to benefit from holding dual citizenship, the government may grant permission for them to retain their Austrian citizenship. This could be due to the child's educational, developmental, or familial needs.
It is important to note that the decision to grant permission for dual citizenship is made by the citizenship department of the respective provincial government office. Applicants must apply for retention of their Austrian citizenship in writing before acquiring foreign citizenship, and this application must be approved through a written decision. Additionally, Austrian law requires individuals to provide proof of their knowledge of the country's democratic system, history, and fundamental principles as part of the citizenship process.
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You must apply to retain Austrian citizenship in writing before acquiring US citizenship
Austrian citizenship law does not typically allow dual citizenship. If you are an Austrian citizen and you acquire foreign citizenship, you will automatically lose your Austrian citizenship unless you have applied for permission to retain it in writing beforehand and this application has been approved. This application must be approved by the citizenship department of the relevant provincial government office before you apply for US citizenship; otherwise, you will lose your Austrian nationality automatically.
There are some exceptions to the rule that Austrian citizenship is lost upon acquiring foreign citizenship. For example, if you are a victim of the National Socialist regime or a descendant of one, you can acquire Austrian citizenship without having to give up your current citizenship or nationality. This also applies to Austrian Jews and any other Austrian citizens who left Austria before 15 May 1955 because they had suffered persecution by the Nazi regime or had reason to fear it. In addition, any direct descendants of these people can claim Austrian citizenship, without giving up any existing citizenship.
Another exception is if you are a minor, and it is in your best interests to retain Austrian citizenship. Similarly, if you are an adult, permission to retain Austrian citizenship may be granted if it is justified by particularly pertinent circumstances in your private and family life.
Furthermore, if you are a notable individual in the arts, sports, science, or business, your application to retain Austrian citizenship will likely be granted. This also applies if you would suffer hardship due to not having Austrian citizenship, for example, if you would lose your green card due to being made to travel more than 180 days per year.
If you are applying for US citizenship and want to retain your Austrian citizenship, you must apply to retain Austrian citizenship before acquiring US citizenship. You can do this by filing an application with or without an official form, depending on your personal details. All foreign language documents must be presented in the original along with a German translation, certified in Austria.
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Austrian citizenship can be retained if it is in the citizen's best interest, e.g., to keep their green card
Austrian citizenship law does not permit dual or multiple citizenships. This means that, in principle, any Austrian who acquires a foreign citizenship loses their Austrian citizenship. However, there are certain exceptions to this rule.
Firstly, if a child is born with Austrian citizenship and automatically acquires another citizenship at birth (for example, through descent from the other parent or by birth in a country like the USA, which grants citizenship based on the territoriality principle), then the child will have dual citizenship and will not lose their Austrian citizenship. It is important to note that no positive declaration of intent to acquire foreign citizenship is required for this exception; the relevant foreign law must simply provide for automatic acquisition at the time of birth.
Another exception to the rule against dual citizenship is when it is in the interest of the Republic of Austria for an individual to retain their Austrian citizenship. This could be due to services already rendered or expected in the future, or other particularly pertinent circumstances in the applicant's private and family life. For example, if an individual has achieved or is expected to achieve extraordinary achievements that are in the special interest of Austria, the country may waive the requirement to renounce previous citizenship.
To retain Austrian citizenship, one must apply in writing before acquiring foreign citizenship and receive approval through a written decision. Applications for retention of citizenship can be submitted to the citizenship department of the relevant provincial government office or, if one resides abroad, to the competent diplomatic representation (embassy or consulate general) according to one's place of residence. It is important to note that the application for retention of Austrian citizenship must be approved before applying for foreign citizenship; otherwise, Austrian nationality will be lost automatically.
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Automatic dual citizenship is granted to children with one Austrian parent if they are born in a country with the territoriality principle
Austrian citizenship law does not typically allow dual citizenship. However, there are exceptions to this rule. One such exception is the acquisition of Austrian citizenship by descent. If a child automatically acquires Austrian citizenship and another citizenship at birth, there is no loss of Austrian citizenship. This means that the child has dual citizenship.
For instance, if a child is born to an Austrian parent and a non-Austrian parent and the parents are not married, the child can acquire Austrian citizenship if the Austrian parent acknowledges paternity before the birth or within eight weeks of the birth, or if paternity is established by a court. This is known as acquisition of Austrian citizenship by legitimation. In this case, the child has dual citizenship.
Another example is if a child is born in a country with the territoriality principle ("ius soli"), such as the United States, and one of the parents is an Austrian citizen. In this case, the child automatically acquires Austrian citizenship and the citizenship of the country of birth, resulting in dual citizenship.
It is important to note that no positive declaration of intent to acquire foreign citizenship is required for dual citizenship to be granted. However, if an individual wishes to retain their Austrian citizenship before acquiring a foreign citizenship, they must apply to do so in writing and receive approval before acquiring the foreign citizenship. This application process involves the citizenship department of the respective provincial government office.
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Frequently asked questions
Austrian citizenship law does not allow dual or multiple citizenships. This principle is only waived in certain special cases.
Austrian citizenship by descent is an exception to the principle of avoiding dual or multiple citizenships. If a child has Austrian citizenship and acquires another citizenship at birth, there is no loss of Austrian citizenship.
To retain Austrian citizenship, you must apply to do so in writing before acquiring foreign citizenship, and this application must be approved by means of a written decision.
Permission to retain Austrian citizenship is granted if it is in the interest of the Republic of Austria because of services already rendered and still to be expected, or for a reason particularly worthy of consideration. It can also be justified by particularly pertinent circumstances in the applicant's private and family life or, in the case of minors, where it is in the best interests of the child to retain their Austrian citizenship.
If you don't apply for retention of Austrian citizenship before acquiring US citizenship, you will lose your Austrian citizenship automatically.
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