Damon Mcknight
Being an Austrian citizen comes with a set of rights, responsibilities, and benefits. Austrian citizenship can be acquired by descent, award, extension of the award, or naturalization after 10 years of continuous residence in the country. Children born to Austrian citizens or those with one Austrian parent automatically become Austrian citizens at birth. Austrian citizenship also extends to victims of the National Socialist regime and their descendants. As a member state of the European Union (EU), Austrian citizens have the freedom to live and work in any EU or European Economic Area (EEA) country and hold the right to vote in European Parliament elections. They are also entitled to legal protection, social benefits, and services, including healthcare, education, social security, and unemployment benefits. In return, Austrian citizens have a duty of loyalty and obedience to the state, which includes respecting the laws, paying taxes, and serving in the military when required.
| Characteristics | Values |
|---|---|
| Citizenship by descent | Children of Austrian citizens acquire citizenship at birth. Children born in wedlock obtain citizenship if either parent is Austrian; children born out of wedlock obtain citizenship if the mother is Austrian. |
| Citizenship by award | Individuals may be awarded citizenship by the Austrian government. This typically requires 10 years of legal and continuous residence in Austria, with a minimum of 5 years with a residence permit. |
| Citizenship for victims of National Socialism | In 2019, the Austrian parliament amended the Austrian Citizenship Act to allow victims of the National Socialist regime and their descendants to acquire citizenship by declaration without giving up their current citizenship. |
| Dual citizenship | Children of parents with different nationalities may have dual citizenship if the country of citizenship of the non-Austrian parent foresees a jus sanguinis. |
| Former citizens | Former citizens of Austria who lost citizenship (except by renunciation or deprivation) may be granted citizenship after 1 year's residence in Austria if they had possessed citizenship for 10 years. |
| Stateless individuals born in Austria | Stateless individuals born in Austria may be granted citizenship within two years of turning 18 if they have lived in Austria for a total of 10 years, including 5 years continuously before application. |
| EU citizenship | All Austrian citizens are EU citizens, with automatic and permanent permission to live and work in any EU or EEA country and the right to vote in European Parliament elections. |
| Social benefits | Austrian citizens have access to healthcare, education, social security, and unemployment benefits. |
| Legal protection | Austrian citizens are entitled to legal protection, including the right to a fair trial, legal representation, and protection against arbitrary treatment by the authorities. |
| Obligation to the state | Austrian citizens have a duty of loyalty and obedience to the state, including respecting laws, paying taxes, and serving in the military or other civic duties when required. |
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What You'll Learn
Citizenship by descent
Austrian citizenship by descent is available to those born to Austrian parents under certain conditions. The process is detailed and requires adherence to specific eligibility requirements and application steps.
Children born to married parents, at least one of whom is an Austrian citizen, are automatically granted Austrian citizenship. If the parents are not married, the child will be granted citizenship if the mother is an Austrian citizen. If the parents are not married and only the father is an Austrian citizen, the child will acquire citizenship if the father acknowledges paternity within eight weeks of the birth or if paternity is determined by a court.
Additionally, Austria allows victims of the Nazi regime and their descendants to apply for citizenship. This includes Jewish-Austrian ancestors who were victims of the Holocaust and those who were forced to leave Austria before 9 May 1945 due to persecution by Nazi authorities. Descendants of victims of Nazi persecution can claim Austrian citizenship without renouncing their current citizenship.
To apply for Austrian citizenship by descent, individuals must submit documents proving their familial relationship, such as birth certificates, marriage certificates, and passports. All applications can be lodged at a local Austrian embassy or consulate general, but it is recommended to submit the application to the relevant authority in Vienna. The process typically takes 12-18 months and may require legal expertise to navigate the complexities.
It is important to note that Austrian citizenship carries certain rights and responsibilities, and there are implications for dual citizenship. While Austria operates under the principle of exclusive nationality, exceptions exist, such as when an individual acquires dual citizenship by birth or in cases of Nazi persecution.
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Citizenship by award
Austrian citizenship can be acquired by descent, award, or extension of the award. Austrian citizenship by award is granted to individuals who meet the general requirements for naturalization and have filed an application. The specific requirements for citizenship by award depend on either a legal claim or the granting authority's discretion.
In general, applicants must have resided in Austria for at least ten years, with a minimum of five of those years holding a residence permit. They must also demonstrate sufficient and consistent income over a period of 36 months within the last six years before applying. However, proof of regular earnings is not required if the applicant's livelihood cannot be secured through no fault of their own, such as disability or permanent illness.
Additionally, applicants must provide proof of German language proficiency by fulfilling Module 2 of the Integration Agreement according to § 10 Abs. 2 IntG. Exceptions to this requirement include individuals for whom German is their native language or minors attending Austrian schools. Applicants are also required to demonstrate knowledge of Austria's democratic system, fundamental principles, and history through a written examination or an 8th-grade degree in "History and Social Sciences."
Austrian citizenship by award also extends to unmarried minors if the relevant adoptive parent is an Austrian citizen. In cases where the child resides outside of Austria, the Austrian adoptive parent must have had their primary residence and focal point of life abroad for at least twelve months. Furthermore, if a child does not acquire Austrian citizenship by descent from their illegitimate Austrian father due to delayed acknowledgement of paternity, they may still be eligible for citizenship by award.
In certain circumstances, the Austrian government may waive the mandatory requirements for residence and settlement in Austria if it is deemed to be in the special interest of the Republic due to the applicant's past and future extraordinary achievements. This waiver also applies to former Austrians who held citizenship for at least ten years without interruption and apply within five years after losing their citizenship through marriage.
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Dual citizenship
Austrian citizenship can be acquired by descent, award, or extension of an award. 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 a citizen of Austria. If the parents are unmarried and only the father is Austrian, he must recognise his parenthood within eight weeks of the child's birth, or his paternity must be determined by a court.
Austria's citizenship laws do not permit dual or multiple citizenships as a general rule. Anyone who voluntarily acquires a foreign citizenship automatically loses Austrian citizenship. However, there are exceptions to this rule. If a child acquires Austrian citizenship by descent and automatically gains another citizenship at birth, they will have dual citizenship. For example, if they are born to an Austrian parent and a non-Austrian parent, they will be citizens of both Austria and the other country. In this case, the child does not have to choose between their Austrian citizenship and their other nationality upon becoming an adult, although the other state may require them to make such a decision.
Another exception to the rule against dual citizenship is in the case of naturalised Austrian citizens who are unable to renounce their existing nationality. For example, spouses and minor unmarried children of professors who were previously state officials can acquire Austrian citizenship by declaring within one year of the spouse's/parent's acceptance as a citizen "a desire to be a loyal citizen of the Republic". In this case, dual citizenship is permitted.
In addition, Austria has recognised its historical responsibility towards the victims of National Socialism and their descendants. As such, victims of the National Socialist regime and their descendants can acquire Austrian citizenship without giving up their current citizenship or nationality. However, some countries provide for the automatic loss of citizenship if a person acquires another, so this is an important consideration.
If an individual wishes to acquire a foreign citizenship and retain their Austrian citizenship, they must apply for a permit of retention before applying for the new citizenship. This application must be approved in writing by the competent office of the provincial government, which will apply a strict standard of assessment.
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Citizenship revocation
Austrian citizenship can be acquired by descent, award, or extension of an award. Children born to married parents automatically become Austrian citizens at birth if either parent is an Austrian citizen. For children born out of wedlock, Austrian citizenship is granted if the mother is an Austrian citizen. If the parents are not married and only the father is an Austrian citizen, the child acquires citizenship if the father acknowledges paternity within eight weeks of the child's birth.
In addition, individuals can acquire Austrian citizenship by award if they fulfil the general requirements for naturalization and submit an application. This typically involves a minimum of 10 years of legal and continuous residence in Austria, with at least 5 years as a resident with a permit. Proof of regular earnings, German language skills, and basic knowledge of Austria's democratic system, history, and fundamental principles are also required.
Now, let's focus on citizenship revocation:
Austrian citizenship can be revoked in specific circumstances, as outlined below:
- Voluntary military service in a foreign country: An Austrian citizen who voluntarily joins the armed forces of another country loses their Austrian citizenship.
- Adverse impact on Austria's interests: If an Austrian citizen works for a foreign state and their actions adversely affect the interests and reputation of the Republic of Austria, they may lose their Austrian citizenship.
- Failure to renounce previous citizenship: Newly naturalized Austrian citizens are required to renounce their previous citizenship within two years. Failure to do so can result in the revocation of Austrian citizenship.
- Criminal offenses: Austrian citizenship may be revoked if an individual is convicted of criminal offenses punishable by more than six months of imprisonment.
- Voluntary extension of mandatory military service: While completing mandatory military service in another country of which the person is a national does not lead to a loss of Austrian citizenship, any voluntary extension, even for just one day, will result in revocation.
- Renunciation: Under certain circumstances, an Austrian citizen may choose to renounce their citizenship voluntarily.
It is important to note that the information provided here may not be exhaustive, and specific regulations and procedures regarding Austrian citizenship revocation are outlined in the Austrian Citizenship Act ("Staatsbürgerschaftsgesetz/StbG"). For detailed and up-to-date information, it is recommended to refer to the official sources, such as the Austrian Citizenship Act and the relevant governmental websites.
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Citizenship certificates
Austrian citizenship can be acquired by descent, award, or extension of an award. 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 a citizen of Austria. If the parents are unmarried and only the father is Austrian, the child acquires citizenship if the father acknowledges paternity before birth or within eight weeks of the birth. In this case, children may be awarded Austrian citizenship through a simplified procedure.
The Certificate of Citizenship is the only official document that proves Austrian citizenship and must be presented when applying for an Austrian passport. The Austrian embassy or consulate is responsible for issuing citizenship certificates to individuals with their primary residence abroad. Applications for citizenship certificates must be submitted with an appointment booked in advance. The following documents must be presented:
- Application form — dated and signed by the applicant or parents for children under 18
- Affidavit or Affidavit for Minors — completed and signed
- Original Birth Certificate of the applicant and their parents for children under 18 and first-time applicants (with an apostille if a foreign document)
- Original Certificate of Citizenship of the applicant's Austrian parent(s) for minors and first-time applicants
- Original Marriage Certificate and Marriage Certificate of parents (with an apostille if a foreign document) and copy
- Original Divorce decree/Divorce decree of parents (if applicable) with an Apostille, along with a German translation and copy
- Original Alien Registration Card or valid visa of the applicant and their Austrian parent for minors and first-time applicants
- Proof of current residence
- Consular fee (to be paid in cash)
- Self-addressed and stamped envelope (certified mail, return receipt requested) if you want your documents returned by mail
Austrian citizenship can also be acquired by award. In this case, the general requirements for naturalization must be fulfilled, and an application must be filed. The requirements for an award of Austrian citizenship include 10 years of legal and continuous residence in Austria, with a minimum of 5 years with a residence permit. Proof of fixed and regular earnings is also required, although this can be exempted if the applicant's livelihood cannot be secured through no fault of their own (e.g. disability, permanent serious illness). Additionally, proof of German language skills and basic knowledge of Austria's democratic system, history, and fundamental principles is necessary.
In October 2019, the Austrian parliament amended the Austrian Citizenship Act to recognize its historical responsibility towards victims of National Socialism and their descendants. Descendants of victims can acquire Austrian citizenship by means of a declaration without giving up their current citizenship.
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Frequently asked questions
Austrian citizenship can be acquired by descent, award, or extension of an award. Children of Austrian citizens usually acquire citizenship at birth. Foreigners can apply for citizenship by naturalization after 10 years of continuous residence in Austria.
Austrian citizens enjoy a range of social benefits and services, including healthcare, education, social security, and unemployment benefits. They also have access to legal protections under the Austrian legal system, such as the right to a fair trial, legal representation, and protection against arbitrary treatment by the authorities. Additionally, Austrian citizenship provides the right to vote in elections and participate in the democratic process.
Austrian citizens have a duty of loyalty and obedience to the state, which includes respecting the laws, paying taxes, and serving in the military or performing other civic duties when required. They are also expected to contribute positively to society by being active members of their community, volunteering, and participating in cultural and social events.
Yes, there are a few exceptions. Descendants of victims of the National Socialist regime can acquire Austrian citizenship by means of a declaration without giving up their current citizenship. Former citizens of Austria who lost their citizenship (not by renunciation or deprivation) may be granted citizenship after one year of residence in the country if they had previously held citizenship for 10 years. Additionally, individuals who were citizens as children and lost their citizenship may reacquire it by declaration within two years of turning 18.
