Marriage And Citizenship In Austria: What's The Link?

will marriage make you a citizen in austria

Marriage is one of the ways to acquire Austrian citizenship. If you are a foreign national and marry an Austrian citizen, you can apply for Austrian citizenship after living together for at least five years and residing in Austria for at least six years. However, it is important to note that marriage is not the only factor considered for citizenship. Applicants must also fulfil the general requirements for naturalization, including proof of German language skills, knowledge of Austria's democratic system and history, and demonstrating a positive attitude towards the Republic of Austria.

Characteristics Values
Requirements for marriage to an Austrian citizen to obtain citizenship The alien spouse must have been married and living in a common household for at least 5 years and have lived in Austria with a settlement permit for at least 6 years
Requirements for citizenship by naturalization 10 years of legal and continuous residence in Austria, with a minimum of 5 years with a residence permit, and proof of one's own fixed and regular earnings over a period of 36 months within the last 6 years before the time of application
Other requirements for citizenship German language skills, basic knowledge of the democratic system and history of Austria and each province, positive attitude towards the Republic of Austria, no close relationship to any extremist or terrorist group, no pending proceedings regarding the termination of residence, no current prohibition of residence or enforceable return decision
Citizenship for children Children born to an Austrian citizen acquire Austrian nationality at birth; children of parents with different nationalities may have dual citizenship and do not have to choose between them upon becoming an adult

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Marriage to an Austrian citizen does not guarantee citizenship

Firstly, it is important to note that Austrian citizenship law has a history of amendments. The current nationality law was originally enacted in 1965 and renewed in 1985 to ensure gender equality in the acquisition of nationality through marriage. Since then, it has been updated several times, most recently in 2019. Therefore, it is essential to refer to the latest official information available.

According to Austrian law, a foreigner married to an Austrian national may be granted citizenship only after fulfilling certain requirements. The couple must have been married and living in a common household for at least five years, and the foreign spouse must have lived in Austria with a settlement permit for a minimum of six years. This makes Austria one of the most restrictive European Union member countries regarding foreign spouses obtaining citizenship.

In addition to the duration of marriage and residence, there are other criteria that must be met. The spouse applicant must demonstrate basic knowledge of the democratic system, the history of Austria, and the fundamental principles associated with it. They must also possess German language skills, which can be proven by fulfilling module 2 of the Integration Agreement according to § 10 Abs. 2 IntG.

Furthermore, there are additional conditions that must be satisfied to ensure a positive outcome. The applicant must demonstrate a positive attitude towards the Republic of Austria and provide a warranty that they pose no danger to public peace, order, and security. They should not have any pending proceedings regarding the termination of residence or any current prohibition of residence or enforceable return decision.

It is important to note that the process of acquiring Austrian citizenship through marriage is complex and involves various requirements. Therefore, it is advisable to refer to the official and latest information provided by the Austrian government and consult the responsible department of citizenship to ensure a comprehensive understanding of the necessary steps and qualifications.

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Naturalisation after 10 years of residence

Naturalisation is a way to acquire Austrian citizenship. In general, applicants need to have lived in Austria for at least 10 years, with a minimum of 5 years with a residence permit. However, there are some exceptions to this rule. For example, former citizens of Austria who lost their citizenship (not by renunciation or deprivation) may be granted citizenship after only 1 year of residence. Additionally, refugees and beneficiaries of subsidiary protection may have faster access to naturalisation, sometimes in less than 10 years.

To be eligible for naturalisation, applicants must fulfil several requirements. Firstly, they must demonstrate a basic knowledge of the democratic system and the fundamental principles of Austria, as well as its history and that of each province. This can be done by passing a written examination or by holding a degree in "History and Social Sciences" at the 8th-grade level of a lower secondary school. Secondly, applicants must prove their German language skills by fulfilling module 2 of the Integration Agreement according to § 10 Abs. 2 IntG. However, there are exceptions to this rule, such as for those who have German as their native language or minors attending an Austrian school. Lastly, applicants must demonstrate a positive attitude towards the Republic of Austria and warrant that they pose no danger to public peace, order, and security.

In addition to the above criteria, applicants must provide proof of their own fixed and regular earnings over a period of 36 months within the last 6 years before the time of application. However, this requirement may be waived in certain cases, such as for individuals whose livelihood cannot be secured due to disability or permanent serious illness. All foreign language documents must be presented in the original, along with a German translation certified in Austria. The specific documents required will depend on the applicant's personal details, and they should contact the responsible department of citizenship for more information.

The application for naturalisation can be filed using the form "Verleihung bzw. Erstreckung der Verleihung der österreichischen Staatsbügerschaft" or without an official form. It should be noted that Austrian citizenship law has been updated multiple times, and applicants should refer to the latest legislation and seek official advice where necessary.

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The marriage must have lasted at least 5 years

Marriage is one of the ways to obtain Austrian citizenship. Austrian nationality law has been updated several times, with the current law enacted in 1965 and renewed in 1985 to introduce gender equality.

The alien husband or wife of an Austrian national may be granted Austrian citizenship only after at least six years of residence in Austria if they have been married and living in a common household for at least five years. The marriage must have lasted for a minimum of five years, and the spouse applicant must have lived in Austria with a settlement permit for at least six years. This is the most restrictive entitlement scheme among all European Union member countries regarding foreign spouses obtaining citizenship.

In addition to the length of marriage and residence requirements, there are several other criteria that must be met. These include having a positive attitude towards the Republic of Austria and not posing any danger to public peace, order, and security. There should be no pending proceedings regarding the termination of residence or current prohibition of residence. The spouse applicant must also have basic knowledge of the democratic system and the fundamental principles, as well as the history of Austria and the province they reside in.

Furthermore, German language skills are required, which can be proven by fulfilling module 2 of the Integration Agreement according to § 10 Abs. 2 IntG, unless exceptions apply. The specific documents required for the application process may vary depending on personal details, so it is essential to contact the responsible department of citizenship for detailed information.

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The non-Austrian spouse must have lived in Austria for 6 years

Marriage to an Austrian citizen does not automatically grant Austrian citizenship to the non-Austrian spouse. However, the spouse of an Austrian citizen may be granted citizenship after at least six years of residence in Austria, as long as they have been married and living in a common household for at least five years. This requirement of cohabitation may be waived in certain cases.

To apply for Austrian citizenship, the non-Austrian spouse must have lived in Austria for six years with a settlement permit (Niederlassungsbewilligung). They must also have basic knowledge of the democratic system and the fundamental principles deriving from it, as well as the history of Austria and of each province. Additionally, they must have German language skills, proven by fulfilling module 2 of the Integration Agreement according to § 10 Abs. 2 IntG, unless exceptions apply.

The application for Austrian citizenship can be filed using the form "Verleihung bzw. Erstreckung der Verleihung der österreichischen Staatsbürgerschaft" or without an official form. The required documents can only be determined according to the personal details of the applicant. The application can be filed at the citizenship department of the office of the provincial government of the applicant's primary residence.

It is important to note that Austrian citizenship law has been updated several times, and the information provided here may not be exhaustive. For the most accurate and up-to-date information, it is recommended to contact the relevant government offices or seek legal advice.

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The process requires time and thorough preparation

Marriage to an Austrian citizen does not automatically grant Austrian citizenship. The alien spouse of an Austrian national may be granted Austrian citizenship only after at least six years of residence in Austria if they have been married and living in a common household for at least five years.

Austrian nationality law has been updated several times, most recently in 2019. The process of acquiring Austrian citizenship through marriage requires time and thorough preparation. Here is a general overview of the process and the requirements that must be met:

Firstly, it is important to note that both marriage partners must apply in person at the Vital Statistics Office (Standesamt) in the appropriate jurisdiction. If either party to the marriage is an Austrian citizen or resides in Austria, the application must be filed at the Standesamt in the locality of that residence. If neither party is an Austrian citizen or resident, the application must be filed at the Standesamt for the First District of Vienna. The Standesamt will forward the documents for approval of the marriage to the Superior Court (Oberlandesgericht).

Secondly, there are specific requirements for the documents that must be presented when applying for marriage. These include a residence registration form ("Meldezettel") issued by the Austrian authorities, and documentary proof of the dissolution of any previous marriages, such as final divorce or annulment decrees, or death certificates. In the case of a divorce that took place outside of Austria or involved individuals of different nationalities, the permission of the Austrian Ministry of Justice is required, which will delay the procedure. Additionally, a marriage/partnership affidavit executed before a Consular Officer of the U.S. Consulate in Vienna may be required, stating that the parties are free to marry according to the laws of their home state. Notarized parental consent is also necessary if either party is under the age of 18.

Thirdly, it is important to be aware that Austrian law does not recognize weddings performed at diplomatic representations, including foreign diplomatic representations in Austria. Weddings performed abroad by the foreign partner's authority will only be valid in Austria if the country where the wedding took place recognizes consular weddings. Therefore, it is crucial to consult the competent Austrian civil registry office before the marriage to ensure that it will be recognized in Austria.

Finally, it is worth noting that there are general requirements for naturalization that must be fulfilled, such as proof of German language skills, basic knowledge of the democratic system and the history of Austria, and a positive attitude towards the Republic of Austria with no threat to public peace, order, and security. Additionally, there is a requirement of at least 10 years of legal and continuous residence in Austria, with a minimum of 5 years holding a residence permit.

Frequently asked questions

Yes, but you must have been married and living together in a common household for at least five years, and you must have been living in Austria for at least six years.

Yes, you will need to apply for citizenship and fulfil the general requirements for naturalisation.

You will need to prove your German language skills and your basic knowledge of the democratic system, the history of Austria and of each province. You will also need to show that you have had at least 10 years of legal and continuous residence in Austria, with a minimum of 5 years with a residence permit.

You can apply for Austrian citizenship at the citizenship department of the office of the provincial government of your primary residence.

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