Austrian nationality law
From Wikipedia, the free encyclopedia
Austrian citizenship is based primarily on the principle of Jus sanguinis. In other words one usually acquires Austrian citizenship if a parent is Austrian, irrespective of place of birth.
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[edit] Birth in Austria
Birth in Austria does not in itself confer Austrian citizenship. However it may lead to a reduction in the residence requirement for naturalisation as an Austrian citizen.
[edit] Descent from an Austrian parent
In principle, a child born to an Austrian parent (either the mother or father) is an Austrian citizen.
Where parents are not married, an unmarried father cannot pass on Austrian citizenship unless he later marries the mother (while the child is still a minor). If the child is then over 14, the child must consent to Austrian citizenship.
[edit] Naturalisation as an Austrian citizen
It is possible to apply for Austrian citizenship by naturalisation after 10 years continuous residence in Austria. Additional requirements include:
- knowledge of the German language 'having due regard to the alien's personal circumstances'
- renunciation of foreign citizenship (under the law of the applicant's home country) unless this is impractical. This requirement can be waived in exceptional cases.
Naturalisation as an Austrian citizen is discretionary.
[edit] Exemptions to the residence requirement
The residence requirement may be reduced or waived in the following cases:
- recognised refugees (4 years)
- citizens of other European Economic Area nations (4 years)
- persons born in Austria
- former citizens of Austria (other than by deprivation)
- actual or expected 'outstanding achievements in the fields of science, commerce, the arts or sport'
[edit] Entitlement to grant of Austrian citizenship
Some persons are entitled to grant of Austrian citizenship by a simpler process than naturalisation. Renunciation of foreign citizenship is still normally required.
Minor children of a person granted Austrian citizenship are normally granted Austrian citizenship as well.
[edit] Spouses of Austrian citizens
- where the marriage has existed for one year, the residence requirement is reduced to 4 years
- if the marriage has existed for two years or more, the residence requirement is reduced to 3 years
- if the marriage has existed for five years or more, and the Austrian spouse has held citizenship for at least 10 years, the residence requirement may be waived
[edit] Long residence in Austria
A person who has lived in Austria for 30 years, or 15 years in cases of 'sustained personal and occupational integration' is entitled to grant of Austrian citizenship.
[edit] Former Austrian citizens
- Former citizens of Austria who lost citizenship other than by renunciation or deprivation may be granted Austrian citizenship after 1 year's residence in Austria. Austrian citizenship must have been possessed for 10 years before it was lost.
- A person who lost Austrian nationality as a child (other than by deprivation) may re-acquire it by declaration within 2 years of turning 18.
[edit] Stateless persons born in Austria
A stateless person born in Austria may be granted Austrian citizenship within two years of age 18 if he has lived in Austria for a total of 10 years, including 5 years continuously before application.
[edit] Professors at Austrian universities
A citizen of a non-European Economic Area nation who accepts a position as a professor at an Austrian university or college of art acquires Austrian citizenship at that point.
The spouse and minor children of such a person normally acquire Austrian citizenship at the same time.
[edit] Loss of Austrian citizenship
An Austrian citizen who acquires another citizenship by voluntary action automatically loses Austrian citizenship. The exception is in cases where permission to retain Austrian citizenship has been obtained in advance.
[edit] Dual citizenship
Austrian law substantially restricts dual citizenship. In general, only the following categories of Austrian citizens may possess a foreign nationality:
- those acquiring another nationality at birth, such as children born in the U.S. to Austrian parents, or those born with an Austrian and a foreign parent.
- naturalised Austrian citizens who are unable to renounce their existing nationality.
- those who acquire Austrian citizenship on the basis of being appointed a professor at an Austrian university.
- Austrian citizens who naturalise in another country with permission obtained to retain Austrian citizenship.
[edit] Austrian citizenship and Germany
Between 13 March 1938 and 27 April 1945, German nationality law extended to Austria. Those acquiring Austrian citizenship upon the re-establishment of Austria generally lost German citizenship on that date.
[edit] External links
- Austrian Citizenship: summary of the law.
