History
During 1812–1918, citizenship in theAcquisition and loss of nationality
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. Foundlings under the age of 6 months are legally presumed to have Austrian citizenship.Descent from an Austrian parent
Children automatically become Austrian citizens at the time of their birth, when the mother is an Austrian citizen. The same applies in case the parents are married and only the father is an Austrian citizen. 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. 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. 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. 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.Naturalization
It is possible to apply for Austrian citizenship by naturalization generally after 10 years of continuous residence in Austria. However, in certain cases it is possible to apply earlier. 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. Naturalization as an Austrian citizen based on 10 years of continuous residence is discretionary.Exemptions to the residence requirement
The residence requirement may be reduced or waived in the following cases: * recognized refugees (6 years) * citizens of other European Economic Area nations (6 years) * persons born in Austria * former citizens of Austria * persons with the knowledge of the German language on level B2 or with proof of substantial personal integration (after 6 years of uninterrupted residence).Entitlement to grant of Austrian citizenship
Some persons are entitled to Austrian citizenship by a simpler process than naturalization. Minor children of a person granted Austrian citizenship are most often granted Austrian citizenship as well.Spouses of Austrian citizens
* The marriage must have lasted for a minimum of 5 years. * The spouse applicant must also have lived in Austria with a settlement permit (''Niederlassungsbewilligung'') for a minimum of 6 years. This entitlement scheme is the most restrictive among all theLong 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.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.Stateless persons born in Austria
A stateless person born in Austria may be granted Austrian citizenship within two years of age 18 if (s)he has lived in Austria for a total of 10 years, including 5 years continuously before application.Restoration of lost Austrian citizenship to Holocaust survivors and their descendants
Beginning on 1 September 2020, Austrian Jews and any other Austrian citizens, as well as stateless people and citizens of successor states ofAppointment to a professorship at an Austrian university
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. 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). This meant that the automatic conferment of citizenship on professors was valid only for citizens of non-EU states 5. However, since September 1, 2001, postings for university professorships are to be advertised exclusively as private-sector employment 6. Therefore, the requirement of automatic conferment of citizenship on foreign-nationals named to professorships (as found in § 25 Abs. 1 StbG) was rendered obsolete. This article was therefore determined to be no longer valid by the First Federal Constitutional Cleanup Law (Erstes Bundesverfassungsrechtsbereinigungsgesetz) of January 4, 2008. 7 The regulation for professors (Dienstantritt als Universitätsprofessor, § 25 Abs. 1) was thereby abolished by the revision of the law in 2008. 8 Furthermore, spouses and minor unmarried children of those professors who were still named state officials previously also received Austrian citizenship (§ 25 Abs. 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". In this special case of naturalization, dual citizenship was permitted. A parliamentary survey 9 on the number of people naturalized in this fashion showed that there had been no statistics collected on this point.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. This may be difficult to obtain, as the aim of the legislature is to reduce the number of dual citizenships granted. Exceptions are made for situations where it is in the interest of the Republic of Austria to grant this dual citizenship (e.g. notable individuals in the arts, sports, science, business etc.), or in situations where the citizen would suffer hardship due to not having the second citizenship. If, for example, an Austrian citizen wanted to obtain U.S. citizenship because they live in the U.S. and, without 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 important part is that the application to retain Austrian citizenship is made ''before'' acquiring another citizenship. Otherwise the Austrian citizenship is automatically lost the moment a person obtains a foreign citizenship. Austrian citizenship is also automatically lost by serving in a foreign army.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 to Austrian parents in another country, thus automatically gaining citizenship of that country, or those born with an Austrian and a foreign parent. * naturalized 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. *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. USA, Canada, or Mexico) *Natural born citizen of the other country (Other countries citizens by birth, Jus soli, e.g. 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, Liechtenstein, Belgium and Switzerland are sometimes exempted to have a permission or renounce their Austrian citizenship. However, Austria and Germany, for example, exchange information regarding naturalization of citizens with provisions for confiscating documents. * Austrian citizens who naturalize in another country with permission obtained to retain Austrian citizenship (de: ''Beibehaltung der Staatsbürgerschaft''). A famous example is actor and politician Arnold Schwarzenegger, who naturalised as aCitizenship of the European Union
Because Austria forms part of theReferences
Citations
Sources
* {{Portal bar, Austria, European Union Austria and the European Union Law of Austria Nationality law