Lyla Lindsey
Austria has strict laws regarding dual citizenship, and it is one of the last countries in Europe to handle dual citizenship so restrictively. Austrian citizenship law does not permit dual or multiple citizenships, and any Austrian who voluntarily acquires a foreign citizenship typically loses their Austrian citizenship. However, there are some exceptions to this rule, such as when dual citizenship is acquired at birth through descent from parents of different nationalities or when it is in the special interest of the Republic of Austria. While there is growing support for changing the law, no concrete steps have been taken, and Austrians abroad continue to advocate for modern adjustments to the citizenship legislation.
Why does Austria not allow dual citizenship?
| Characteristics | Values |
|---|---|
| Austrian citizenship law | Does not permit dual or multiple citizenship |
| Exceptions | Children with another citizenship at birth, naturalised citizens who can't renounce their existing citizenship, those who become Austrian citizens by being appointed a professor at an Austrian university |
| Austrian citizens abroad | Unable to become citizens of other countries without giving up Austrian citizenship, cannot participate in elections |
| Political support for change | The Social Democrats (SPÖ), the Greens, the New Austria and Liberal Forum (NEOS), the Socialist Left (LINKS), Volt, the conservative ÖVP, the far-right FPÖ |
| Legal basis | Austria is a signatory to the Strasbourg convention on the reduction of cases of multiple citizenship |
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What You'll Learn
- Austrian law restricts dual citizenship
- Exceptions are made for those acquiring dual citizenship at birth
- Those who cannot renounce their existing citizenship are permitted to have dual citizenship
- Austrian citizens who acquire another citizenship lose Austrian citizenship
- There are growing calls for Austria to change its dual citizenship laws
Austrian law restricts dual citizenship
Austria is one of only two signatory states of the Strasbourg convention on the reduction of cases of multiple citizenship that has not withdrawn from Chapter I, which limits the cases where dual citizenship is allowed. However, Austria's acceptance of Chapter I is symbolic and historical, reflecting the attitude towards multiple citizenship that has been codified into law.
There are some exceptions to the rule. Austrian law states that children who acquire dual citizenship at birth do not have to decide on their sole nationality, even upon reaching adulthood. This can occur when a child is born to Austrian parents in another country or to parents of different nationalities. In the latter case, if the country of citizenship of the non-Austrian parent also foresees a jus sanguinis (like Austria), the child will have dual citizenship.
Another exception is for naturalized Austrian citizens who are unable to renounce their existing nationality. Additionally, those who acquire Austrian citizenship based on being appointed a professor at an Austrian university may also possess dual citizenship.
There are growing calls among Austrians abroad to change the country's strict laws regarding dual citizenship. Many Austrians living in other countries, particularly the United States, are frustrated by their inability to participate in elections and the limitations on their ability to live in their country of residence without losing their Austrian citizenship.
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Exceptions are made for those acquiring dual citizenship at birth
Austrian citizenship law does not permit dual or multiple citizenships. In general, anyone who voluntarily acquires a foreign citizenship thereby loses Austrian citizenship. However, exceptions are made for those acquiring dual citizenship at birth.
If, in addition to Austrian citizenship, an individual acquires another citizenship at birth, Austrian citizenship is not lost. This may occur, for example, when an individual is born to an Austrian parent and a non-Austrian parent, thus automatically gaining citizenship of the non-Austrian parent's country ("ius sanguinis"). Alternatively, an individual born in Austria to non-Austrian parents may acquire dual citizenship at birth if the country of citizenship of their parents also foresees a jus sanguinis (like Austria). In this case, the child will have dual citizenship.
Austrian law does not require individuals with dual citizenship at birth to decide between their Austrian citizenship and their other nationality, even upon reaching the age of majority. This is in contrast to the laws of some other countries, which may require individuals with dual citizenship to declare their chosen nationality upon becoming an adult.
It is important to note that individuals seeking to acquire Austrian citizenship by conferral must generally give up their previous foreign citizenship. However, if the law of the country where the applicant previously held citizenship does not provide for the automatic withdrawal of that country's citizenship upon becoming an Austrian citizen, the applicant will be assured of their right to claim Austrian citizenship.
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Those who cannot renounce their existing citizenship are permitted to have dual citizenship
Austrian citizenship law does not permit dual or multiple citizenships. In general, anyone who voluntarily acquires a foreign citizenship thereby loses Austrian citizenship. However, there are some exceptions to this rule.
Firstly, if an individual acquires Austrian citizenship by conferral, they must give up their previous citizenship, unless it is not possible or reasonable for them to do so. For example, if the law of their previous country of citizenship does not provide for the automatic withdrawal of citizenship upon acquiring Austrian citizenship, they will be assured of their right to claim Austrian citizenship. In addition, Austria will waive the requirement to renounce previous citizenship if it is in the special interest of the Republic of Austria, for example, if the individual has achieved or is expected to achieve extraordinary things.
Secondly, children born with Austrian citizenship who also acquire another citizenship at birth, for example, by descent from a foreign parent or by birth in a foreign country, do not lose their Austrian citizenship. According to Austrian law, these dual citizens never have to decide between their Austrian citizenship and their other citizenship, even when they reach the age of majority.
Thirdly, naturalized Austrian citizens who are unable to renounce their existing citizenship are permitted to have dual citizenship. This includes individuals who acquire Austrian citizenship by being appointed a professor at an Austrian university.
Finally, spouses and minor unmarried children of professors who were previously state officials may also receive Austrian citizenship and be permitted to hold dual citizenship.
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Austrian citizens who acquire another citizenship lose Austrian citizenship
Austrian citizenship law does not permit dual or multiple citizenships. Austrian citizens who voluntarily acquire another citizenship will automatically lose their Austrian citizenship. However, there are a few exceptions to this rule.
Firstly, if an Austrian citizen acquires another citizenship at birth, they may hold dual citizenship. This includes children born to Austrian parents in another country, automatically granting them citizenship of that country, or those born with one Austrian parent and one foreign parent. In these cases, Austrian law does not require individuals to decide between their Austrian citizenship and their other nationality, even when they reach the age of majority.
Secondly, naturalized Austrian citizens who are unable to renounce their existing nationality may also hold dual citizenship. Additionally, those who acquire Austrian citizenship by being appointed a professor at an Austrian university can retain their previous citizenship.
It is important to note that Austrian citizens intending to acquire another citizenship must apply for a permit of retention before acquiring the new citizenship. This application must be approved by the competent office of the provincial government, which applies a strict standard of assessment. If permission to retain Austrian citizenship is not obtained in advance, Austrian citizenship will be lost upon acquiring a foreign citizenship.
While there is growing support among Austrian politicians and citizens abroad to change the law and allow for more dual citizenships, Austria has not yet taken any steps to modify its strict regulations.
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There are growing calls for Austria to change its dual citizenship laws
Austria's citizenship laws are among the strictest in Europe, and the country, along with the Netherlands, is one of only two states that have not withdrawn from the Strasbourg Convention's Chapter I, which limits dual citizenship. While Austrian law does allow for dual citizenship in a limited number of circumstances, namely for those who acquire multiple citizenship at birth, it does not permit dual citizenship for those who voluntarily acquire a foreign citizenship. In such cases, Austrian citizenship is automatically lost.
Martin Wallner, an Austrian living in Austin, Texas, is one of the initiators of the citizens' initiative "Dual Citizenship for Austria". Wallner set up a Facebook group called "Doppelstaatbuerger" (dual nationality) to start exchanging information with others in the same situation. The group now has a website, a newsletter, and they hold regular video conferences. Their aim is to create a community of people engaged on the topic and ask the government to change the law. Wallner points to the example of Norway, which removed its dual citizenship ban, and the Netherlands, which has recently created an exception for Dutch citizens in the UK who may be negatively impacted by Brexit.
There seems to be a growing consensus among Austrian politicians on the topic, with the Social Democrats (SPÖ), the Greens, the New Austria and Liberal Forum (NEOS), the Socialist Left (LINKS), and the pan-European party Volt all supporting a reform of the nationality system. The Conservatives (ÖVP) see possible exceptions, and even the far-right Freedom Party of Austria (FPÖ) has expressed some degree of support. However, no real steps have been taken to change the law yet, and co-initiator Michaela Krempl has called for concrete measures to be adopted quickly.
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Frequently asked questions
Austrian citizenship law restricts dual citizenship. Anyone who voluntarily acquires a foreign citizenship automatically loses Austrian citizenship unless they have obtained prior permission to retain it.
Yes, Austrian law allows dual citizenship for those who acquire another nationality at birth, such as children born to Austrian parents in another country. It also permits dual citizenship for naturalized citizens who cannot renounce their existing nationality and those who acquire citizenship by being appointed a professor at an Austrian university.
Yes, there are growing calls among Austrians abroad to allow dual citizenship. A group of Austrians living in the USA and Switzerland has launched an initiative to convince the government in Vienna to amend the nationality law. They argue that with an increasing number of people leading international lives, it will become more common for individuals to hold multiple citizenships.
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