Dual Citizenship In Austria: What's Allowed?

Austrian citizenship law is primarily based on the principle of avoiding multiple nationalities. In general, the Austrian Nationality Act does not allow dual citizenship. However, there are a few exceptions to this rule. For instance, if an individual acquires Austrian and foreign citizenship at birth, they are allowed to retain both nationalities. Additionally, individuals who have been granted Austrian citizenship for extraordinary services or achievements may not be required to renounce their previous citizenship.

Dual citizenship for children

Austrian citizenship law does not allow dual or multiple citizenships as a general rule. However, there are some exceptions to this principle, including for children.

If a child acquires Austrian citizenship and another citizenship at birth, they will not lose their Austrian citizenship. This can occur when a child has one Austrian parent and one non-Austrian parent, and the non-Austrian parent's country of citizenship also follows the principle of jus sanguinis (citizenship by descent) or if the child is born in a country that follows the ius soli (territoriality) principle, such as the USA. In these cases, the child has dual citizenship from birth.

According to Austrian law, these dual citizens are not required to choose one citizenship over the other, even when they reach adulthood. However, the other country may require them to make such a decision.

It is important to note that for a child to acquire Austrian citizenship at birth, it is necessary for at least one parent to be an Austrian citizen. If the parents are married and only the father is Austrian, or if the parents are unmarried and the father is Austrian but recognises his parenthood within 8 weeks, the child will be an Austrian citizen. In cases where the father's recognition of parenthood or determination by a court occurs after this timeframe, a simplified procedure for awarding Austrian citizenship to the child may be available.

Retention of Austrian citizenship

Austrian citizenship law does not allow dual or multiple citizenships as a general rule. The principle is only waived in certain special cases.

Any Austrian who voluntarily acquires a foreign citizenship loses their Austrian citizenship. To retain Austrian citizenship, one 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, or
• It is 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.

The application to retain citizenship must be approved before you apply for foreign citizenship; otherwise, you will lose your Austrian nationality automatically.

The citizenship department of the relevant provincial government office is responsible for examining and approving applications to retain citizenship. Applications for retention of citizenship may also be submitted abroad to the competent professional representation authority (embassy or consulate general of the profession) according to the place of residence.

There is an exception for persons who obtain two citizenships at the time of birth. An Austrian citizen applying for foreign citizenship will automatically lose their Austrian citizenship upon obtaining foreign citizenship.

Acquisition of Austrian citizenship by foreigners

Austrian citizenship can be acquired by descent, award, extension of the award, etc. Here is a detailed overview of the ways in which foreigners can acquire Austrian citizenship:

Acquisition by Descent

Children automatically become Austrian citizens at birth if their mother is an Austrian citizen. The same applies if the parents are married and only the father is an Austrian citizen. If the parents are not married and only the father is an Austrian citizen, he must acknowledge paternity or have it established by a court within eight weeks of the child's birth.

Acquisition by Award

For acquisition by award, the general requirements for naturalization must be fulfilled, and an application must be filed. The general requirements include:

• 10 years of legal and continuous residence in Austria, with a minimum of 5 years holding a residence permit
• No criminal record or pending criminal action (both in Austria and abroad)
• No severe administrative offences
• Sufficiently secured maintenance and income
• 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 danger to public peace, order, and security
• No close relationship to any extremist or terrorist group
• Renunciation of previous citizenship, unless an exception applies

Exceptions to Renouncing Previous Citizenship

Austria may waive the requirement to renounce previous citizenship in certain cases, such as:

• Special interest to the Republic of Austria due to the applicant's extraordinary achievements or potential future achievements
• Acquisition of citizenship by descent, where a child acquires Austrian citizenship and another citizenship at birth
• Award in the special interest of the Republic, where the Austrian Federal Government confirms that granting citizenship is in the country's best interest due to the applicant's past or future extraordinary achievements

Other Ways to Acquire Austrian Citizenship

• Former Austrians who lost their citizenship during marriage by acquiring the same citizenship as their spouse can apply for citizenship within five years of the marriage's dissolution.
• Putative Austrians who have been wrongly treated as citizens by an Austrian authority for at least 15 years through no fault of their own.
• Presumed Austrians by descent who declare in writing that they were presumed to be citizens by virtue of descent or legitimation, but a determination of paternity later showed that citizenship was not acquired in this way.
• Persecuted persons and their direct descendants who fulfil all legal requirements and submit a corresponding declaration to the authorities in writing.

Exceptions to the rule

While Austrian citizenship law does not permit dual citizenship, there are some exceptions to this rule.

Birth

One of the most common exceptions is for individuals who acquire dual citizenship at birth. For example, if a child is born to an Austrian citizen parent and a non-Austrian citizen parent, they may be entitled to citizenship in both Austria and the other country. In this case, Austrian law does not require the individual to give up either citizenship, even after reaching the age of majority. However, the other country may require them to make such a decision.

Naturalization

Another exception to the rule occurs when an individual acquires Austrian citizenship through naturalization. In some cases, naturalized Austrian citizens may be unable to renounce their existing citizenship. For example, if the law of their previous country does not provide for the automatic withdrawal of citizenship upon becoming an Austrian citizen, they may be allowed to hold dual citizenship.

Victims of Nazi Persecution and their Descendants

Austria also grants exceptions to victims of Nazi persecution and their descendants. Beginning in September 2020, Austrian Jews, stateless people, and citizens of successor states of Austria-Hungary who left Austria before May 15, 1955, due to persecution or fear of persecution by the Nazi regime, became eligible for Austrian citizenship while retaining their previously acquired citizenship. This exception also applies to any direct descendants of these individuals, regardless of whether their ancestors have regained or claimed Austrian citizenship.

Appointment to a Professorship at an Austrian University

Historically, foreign citizens who were appointed as professors at Austrian universities immediately received Austrian citizenship without having to apply for it. While this practice is no longer common, it is still possible for professors to hold dual citizenship in exceptional cases.

Special Interest or Personal Reasons

In some cases, Austria may grant dual citizenship if it is in the special interest of the Republic. This could include situations where an individual has made or is expected to make extraordinary achievements or contributions to the country. Additionally, dual citizenship may be allowed for personal reasons, such as when an individual is unable to renounce their original citizenship or would suffer hardship due to not having a second citizenship.

Applying for dual citizenship

Generally, Austrian citizenship law does not allow dual citizenship. However, in certain special cases, dual citizenship is permitted.

If you are an Austrian citizen and wish to acquire foreign citizenship while retaining your Austrian citizenship, you must request permission in writing before acquiring foreign citizenship. This process is known as applying for a permit of retention. Your application must be approved by the competent office of the provincial government in writing. The assessment will be based on strict standards and applicable case law. You can submit your application at the competent diplomatic representation (embassy or professional consulate general) according to your place of residence.

It is important to note that acquiring foreign citizenship voluntarily will result in the automatic loss of Austrian citizenship unless permission to retain it has been granted beforehand. This process is permanent, and even if you subsequently lose or defer your foreign citizenship, Austrian citizenship will not be reinstated.

The main exception to the requirement to renounce previous citizenship is outlined in Section 28 of the Austrian Nationality Act. If retaining citizenship is in the interest of the Republic of Austria due to services rendered or expected, or for particularly worthy reasons, permission may be granted. Additionally, if there are pertinent circumstances in the applicant's private and family life, or if it is in the best interests of a minor child, retention of Austrian citizenship may be allowed.

If you are a foreign national applying for Austrian citizenship, you will generally be required to give up your previous citizenship unless it is not possible or reasonable for you to do so. The assessment of whether it is possible and reasonable falls under the responsibility of the competent provincial government. However, if you are granted citizenship under Article 10 (6) of the Austrian Citizenship Act due to extraordinary merit, you may not be required to renounce your previous citizenship.

The process of acquiring dual citizenship in Austria can be complex, and it is recommended to seek legal advice or consult a specialized lawyer to ensure compliance with the applicable laws and regulations.

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