The exception is in cases where permission to retain Austrian citizenship has been obtained in advance. Naturalization as an Austrian citizen based on 10 years of continuous residence is discretionary. Some aliens (e.g. Minors until the age of 14, who were adopted by an Austrian citizen, can obtain Austrian citizenship by application. Several European countries offer EU citizenship to ancestors of people who lost their citizenship fleeing persecution, including Germany, Poland, Austria, and Hungary. This requirement can be waived in exceptional cases. 1) was thereby abolished by the revision of the law in 2008. In order to qualify for a Passport through Marriage: The marriage has to have lasted a minimum of 5 years AND. The spouse applicant has to have lived in Austria permanently for a minimum of 6 years. Successful applicants receive full citizenship of the Republic of Austria by decision of the Government of Austria, and can apply for a … 5) Time required to complete application process: Although Austrian law does not require a period of residence in Austria prior to the marriage, the administrative procedures involved usually require two to four weeks to complete. Documents required for individual applications are assessed in personal interviews based on the applicant’s personal data. In addition, any direct descendants of those persons, including those adopted as minors, will be able to claim Austrian citizenship, without giving up any existing citizenship, and whether or not their ancestors have regained or claimed Austrian citizenship.[6]. The Austrian Citizenship Act generally requires the applicant to abandon their current citizenship as a precondition for being granted Austrian citizenship. However, the procedure requires time and thorough preparation. [12][13] Austrian citizens can live and work in any country within the EU as a result of the right of free movement and residence granted in Article 21 of the EU Treaty. Austrian citizenship is generally based on the principle of ius sanguinis, although there are some exceptions.Citizenship in Austria can be acquired by descent, through naturalisation, by entitlement or also through a Citizenship by Investment programme, which grants citizenship upon the fulfilment of certain conditions. An Austrian citizen who acquires another citizenship by voluntary action automatically loses Austrian citizenship. In this special case of naturalization, dual citizenship was permitted. 37/2006, https://en.wikipedia.org/w/index.php?title=Austrian_nationality_law&oldid=997105036, Articles with dead external links from July 2020, Articles needing additional references from January 2017, All articles needing additional references, Short description is different from Wikidata, Pages using collapsible list with both background and text-align in titlestyle, Articles with unsourced statements from November 2019, Creative Commons Attribution-ShareAlike License, 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, citizens of other European Economic Area nations (6 years). Latvia permits dual citizenship but since 2013, dual citizenship in Latvia permitted only with the following countries: > e. Documentary proof of dissolution of previous marriage(s), if any, e.g., final divorce or annulment decrees (Mexican divorces are usually not recognized in Austria) or death certificate(s) of previous spouse(s). [16], Overview of the nationality law in the Republic of Austria, Entitlement to grant of Austrian citizenship, Restoration of lost Austrian citizenship to Holocaust survivors and their descendants, Appointment to a professorship at an Austrian university, Learn how and when to remove this template message, https://www.migration.gv.at/en/living-and-working-in-austria/integration-and-citizenship/citizenship/#:~:text=Acquisition%20by%20descent,father%20is%20an%20Austrian%20citizen, https://www.bmeia.gv.at/en/austrian-embassy-london/service-for-citizens/identity-papers-and-other-documents/citizenship-certificate/, "Citizenship for descendants of victims of National Socialism – BMEIA, Außenministerium Österreich", Treaty on the Functioning of the European Union, Rights abroad: Right to consular protection, "Treaty on the Function of the European Union (consolidated version)", "Global Ranking - Visa Restriction Index 2017", "The 41 nationalities with the best quality of life", The Legal Information System of the Republic of Austria (RIS), Austrian Nationality Act 1985 in the version of FLG I No. If the parents are not married and only the father of the child is an Austrian citizen, however the mother is a national of another country, the child acquires Austrian citizenship, when within 8 weeks the Austrian father recognizes his parenthood or the fact that he is the father is determined by court. As such, the idea of citizenship by marriage to get a “Tier A” passport may not be a good idea for high earners concerned about tax minimization. ), or in situations where the citizen would suffer hardship due to not having the second citizenship. 5. However it may lead to a reduction in the residence requirement for naturalisation as an Austrian citizen. Citizenship could also be retracted in the case of an absence of longer than two years. The Dual Citizenship Report provides an extensive, up-to-date analysis of the different laws regulating dual citizenship in over 100 jurisdictions across the world, including countries and special territories. This meant that the automatic conferment of citizenship on professors was valid only for citizens of non-EU states 5. However, in certain cases it is possible to apply earlier. If neither of you are Austrian or do not reside in Austria, your marriage application must be filed at the main registrar’s office in … The spouse applicant must also have lived in Austria with a settlement permit (. In Austria, Art. The residence requirement may be reduced or waived in the following cases: Some persons are entitled to Austrian citizenship by a simpler process than naturalization. USA, Canada and Mexico), Natural born citizen of the other country (Other countries citizens by birth, Jus soli, e.g. By a principle of subsidiarity, citizenship in a municipality implied citizenship in the Crown land of that municipality. [3] Austrian citizenship must have been possessed for 10 years before it was lost. The same applies in case the parents are married and only the father is an Austrian citizen. However, the procedure requires time and thorough preparation. If in case of parents of different nationality the country of citizenship of the non-Austrian parent also foresees a jus sanguinis (like Austria), the child will have dual citizenship. In all cases where recognition of fatherhood or the determination by court is done after his timeframe, children may be awarded Austrian citizenship in a simplified procedure. Request a free consultation if you think you are eligible for any of the above. The following list is for general reference only. Acquisition of citizenship of Lithuania in exceptional cases or by a person having a status of a refugee. Otherwise the Austrian citizenship is automatically lost the moment a person obtains a foreign citizenship. naturalized Austrian citizens who are unable to renounce their existing nationality. The same applies in case the parents are married and only the father is an Austrian citizen. The marriage certificate(s) of such previous marriage(s) is/are also usually required. Each option provides various possibilities: with or without a work permit, with or without an option to be employed or self-employed. 2 and 3) 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". persons with the knowledge of the German language on level B2 or with proof of substantial personal integration (after 6 years of uninterrupted residence). Documents required for obtaining Austrian Citizenship. Citizenship by descent: Child is born abroad, one of whose parents is an Austrian citizen. The report gives detailed expert commentary on the laws governing citizenship. Articles 5 – 8 of Law n. 91 of 1992 on Italian Citizenship governs citizenship whether it’s by civil union or marriage. Getting Married in Austria. Between 13 March 1938 and 27 April 1945, Austria was part of Germany, and German nationality law applied. Marriage to an Austrian Citizen Austria is located in central Europe north of Italy and Slovenia The west and south are in the famous Alps making the country mountainous and a world famous tourist attraction for skiing enthusiasts. The new constitution of 1920 introduced the system of States (Bundesländer). Civil marriages are performed by officials of the Vital Statistics Office (Standesamt) in the appropriate jurisdiction. Only civil marriages are legal in Austria. This may be difficult to obtain, as the aim of the lawgiver is to reduce the number of dual citizenships granted. However, in case of a grant of citizenship under the provisions of Article 10 (6) of the Citizenship Act, the former citizenship can be legally maintained, that is, the applicant may not be required to give up their present citizenship. c. Driver's License or similar document that indicates the address of residence of the party concerned. Ways to acquire Austria Citizenship include: – By Descent. ... France and Luxembourg, the current signatories are Austria… The climate in Austria is temperate continental, cloudy and cold winters with rain and some snowfall in the lowlands. Also recognized as citizens were all individuals with permanent residence in the territory of German-Austria since at least 1914. Minor children of a person granted Austrian citizenship are most often granted Austrian citizenship as well. The marriage ceremony to an Austrian citizen can legally take place in Austria, Canada, or any other country as long as both parties have the necessary visas to enter this country legally. All countries that allow same-sex marriages generally recognise same-sex registered partnerships concluded in other countries. The important part is that the application to retain Austrian citizenship is made before acquiring another citizenship. Natural born Austrian Citizen (Austrian citizen born in Austria or Born abroad to Austrian parents) or Austrian citizen by birth naturalizing or being born in an Jus soli country (e.g. Upon reception of the court fees, the file will be returned to the Vital Statistics Office, which then schedules the date of the wedding (you may encounter difficulties making appointments during major bank holidays). By marriage: The foreign spouse can obtain Austrian citizenship by the following conditions (renouncing present citizenship is required): fulfillment of the general requirements for naturalization The answers given below are pretty good. Please note, that the information provided in this article should be regarded as a general guideline. A new nationality passed in 1925 permitted naturalization following a period of permanent residence of at least four years. Once you notify the provincial government that you've renounced your former citizenship, you'll get a date when your ceremony will take place. Children naturally become Austrian citizens if their mother is an Austrian Citizen The same applies if their parents are … That means survivors of death camps, those who hid out during the war or fled from the Nazis, etc. The main criteria for the process are: Sufficient knowledge of the German language You will loose your previous citizenship. Citizenship. Austrian citizenship will be officially granted to you in a ceremony at the provincial government office. USA, Canada or Mexico or descent) in some cases don't need to renounce their previous citizenship, Austrians naturalizing in German speaking countries specified as Germany, Lichtenstein, Belgium and Switzeland are sometimes exempted to have a permission or renounce their Austrian citizenship. According to Austrian law the child does not have to decide between Austrian and the other nationality upon becoming an adult – the other state might require such a decision. [14], Visa requirements for Austrian citizens are administrative entry restrictions by the authorities of other states placed on citizens of Austria. If either of you is an Austrian citizen or resides in Austria (regardless of citizenship), your marriage application must be filed at the Standesamt which pertains to your residence. It is important to abide with some rules or the eligibility criteria to get a sponsorship for Australian citizenship through marriage. In 2017, Austrian citizens had visa-free or visa on arrival access to 173 countries and territories, ranking the Austrian passport 4th in terms of travel freedom (tied with Belgian, British, Dutch, French, Luxembourgish, Norwegian and Singaporean passports) according to the Henley visa restrictions index. Austria is one of the best and exciting countries to live, work, study and do business in Europe. Austria is ranked as the fourth peaceful country in the world and Vienna named the most livable city in the world for the second year running. In the case of insufficient German language skills on the part of one or both marriage partners, they will have to hire an Austrian interpreter at their own expense. AUSTRIA CITIZENSHIP: Austrian citizenship is based upon the Citizenship law of 1965 as amended.. BY BIRTH: Child born in the territory of Austria, with at least one parent being a citizen of Austria.However, a child born out of wedlock to a foreign mother and an Austrian father is not considered a citizen. Citizenship by naturalization: Austrian citizenship can be applied for upon fulfillment of one of the following conditions: Person has lived in Austria for at least 10 years. In May, the price to obtain citizenship was cut in half thanks to new “Covid-19 Relief” bonds: Through the end of 2020, it’ll cost $250,000 for an individual and $300,000 for a family of four. The ceremony takes place at the Standesamt. Civil unions and registered partnerships are considered equivalent or comparable to marriage in some EU countries. Austria dual citizenship. If, for example, an Austrian citizen wants to obtain U.S. citizenship because he/she lives in the U.S. and, without a U.S. citizenship, would lose their green card due to being made to travel more than 180 days per year by their employer, then if they apply for permission to retain Austrian citizenship, that request is usually granted and has become almost a formality. The First Austrian Republic recognized all citizens of Republic of German-Austria as Austrian citizens, effective 13 December 1918. In general, only the following categories of Austrian citizens may possess a foreign nationality: Because Austria forms part of the European Union, Austrian citizens are also citizens of the European Union under European Union law and thus enjoy rights of free movement and have the right to vote in elections for the European Parliament. Austria - Passport & Nationality - Austrian Citizenship through Marriage. those who acquire Austrian citizenship on the basis of being appointed a professor at an Austrian university. Citizenship was granted based on either descent or marriage, or via naturalization after ten years of residence (or on the acquisition of an official function). Proof of Austrian citizenship of the person who the applicant wants to live with; First-time application: Police clearance certificate ("Auszug aus dem Strafregister ") (German) (no more than three months old) from your country of origin; In some cases, additional documents may be required. Children automatically become Austrian citizens at the time of their birth, when the mother is an Austrian citizen. This is so far the most restrictive law among all the European Union member countries about the foreign spouses obtaining the member state's citizenship. With a relatively unpublicized residency by investment program, Brazil offers foreigners a bureaucratic, yet straightforward process if you have some money to invest in the country. Austria's entry into the European Union meant that citizens of other member countries now enjoyed the same rights to access to employment as Austrians (as a consequence of broader European integration). Documents (other than passports and driver's licenses) issued in languages other than German must be accompanied by certified translations done by an official translator. 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 being living in a common household for at least five years. There is an advantage of this type of citizenship. Both marriage partners - bringing with them the required documents listed above - should apply in person at the Vital Statistics Office (Standesamt) in charge. 1 StbG) was rendered obsolete. [1], During 1812–1918, citizenship in the Austrian Empire (after 1867 the Austro-Hungarian Empire) was regulated by the Allgemeines bürgerliches Gesetzbuch (ABGB) (§§ 28–30). To learn more about cereomny customs, see below. Generally, you need to stay in Austria for a minimum of 10 years in order to apply for citizenship. In case of a non-Austrian mother and an Austrian father, marriage law listed above applies. Citizenship by Investment in Austria. Alternatively, you can file your application if you are married for at least 5 years to an Austrian citizen. Person has taken up a position as a professor at an Austrian University. On September 19, 2019, the Parliament of the Republic of Austria unanimously approved an amendment to the Austrian Nationality Act (sec 58c) in line with Austria’s ongoing endeavor for reconciliation with all those who suffered under the totalitarian Nazi regime in Austria… It should be noted that the law applies to non-Jews as well as Jews. Marriage cases; 6. 7, The regulation for professors (Dienstantritt als Universitätsprofessor, § 25 Abs. How to get EU Citizenship through Marriage/ Civil Partnership After getting married in Australia, you have to provide proof that you are actually residing together in a same residence. Furthermore, certain US documents (e.g. Alternatively, you can file your application if you are married for at least 5 years to an Austrian citizen. You must submit the original documents and copies. Once you have filed for your marriage application there may be a waiting period of between two and six weeks until you will be given a confirmed date of marriage. General Austrian citizenship (allgemeines österreichisches Staatsbürgerrecht) for all Cisleithanian Crown lands represented in the Imperial Council was introduced in 1867, with a separate Hungarian citizenship recognized for the lands of the Hungarian Crown.[2]. A resident of a country can obtain citizenship usually by residing in that country for a specified period of time is called adoption. The responsible civil registry may require additional documents on a case by case basis. when somebody is a celebrity in arts, sports, science, economy etc. Wikimedia Commons/Dnalor_01/ CC-BY-SA 3.0Taste of Austria: Kaiserschmarren. Attend your citizenship ceremony. However from my experience it is not easy. Therefore, US residents contemplating marriage in Austria should be familiar with the following requirements: The legal age for both men and women is 18. Citizenship documents are issued after the citizenship application has been approved. As a result of the fact that appointment to a professorship at an Austrian university or other institute of higher learning entailed being named a state official before the year 2001 3, foreign citizens formerly received Austrian citizenship immediately when they took office, without additionally applying for citizenship, or being compelled to do so 4. [11] When in a non-EU country where there is no Austrian embassy, Austrian citizens have the right to get consular protection from the embassy of any other EU country present in that country. Latvia is a special case with limited scope for accepting dual citizenship. Austrian citizenship is also automatically lost by serving in a foreign army. 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