Austrian nationality law details the conditions by which an individual is
national
National may refer to:
Common uses
* Nation or country
** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen
Places in the United States
* National, Maryland, ce ...
of
Austria
Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
. The primary law governing these requirements is the Nationality Law, which came into force on 31 July 1985.
Austria is a
member state of the European Union (EU) and all Austrian nationals are
EU citizens
European Union citizenship is afforded to all citizens of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additio ...
. They have
automatic and permanent permission to live and work in any EU or
European Economic Area
The European Economic Area (EEA) was established via the ''Agreement on the European Economic Area'', an international agreement which enables the extension of the European Union's single market to member states of the European Free Trade Ass ...
(EEA) country and may vote in
elections to the European Parliament
Elections to the European Parliament take place every five years by universal adult suffrage; with more than 400 million people eligible to vote, they are considered the second largest democratic elections in the world after India's.
Until ...
.
History
During 1812–1918, citizenship in the
Austrian Empire
The Austrian Empire (german: link=no, Kaiserthum Oesterreich, modern spelling , ) was a Central-Eastern European multinational great power from 1804 to 1867, created by proclamation out of the realms of the Habsburgs. During its existence, ...
(after 1867 the
Austro-Hungarian Empire
Austria-Hungary, often referred to as the Austro-Hungarian Empire,, the Dual Monarchy, or Austria, was a constitutional monarchy and great power in Central Europe between 1867 and 1918. It was formed with the Austro-Hungarian Compromise of ...
) was regulated by the ''
Allgemeines bürgerliches Gesetzbuch
The General civil code (german: Allgemeines bürgerliches Gesetzbuch, links=yes or ABGB) is the Civil Code of Austria, which after about 40 years of preparatory work was published on 1 June 1811 and came into force on 1 January 1812. Karl Anton F ...
'' (ABGB) (§§ 28–30). The system of ''Heimatrecht'' was introduced in 1859, defining citizenship at the municipal level: ''Heimatrecht'' in a given municipality guaranteed the right of residence in that municipality and social support for destitute individuals.
Suffrage
Suffrage, political franchise, or simply franchise, is the right to vote in representative democracy, public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally i ...
(election of the
Imperial Council) for all male citizens with ''Heimatrecht'' was introduced in 1906.
From 1863, municipalities were obliged to keep a record (''Heimatrolle'') of all citizens. Most citizens would be registered as members of a parish of the Catholic Church (''Pfarrmatrikel''); for non-Catholics, a separate register (''Zivilmatrikel'') was introduced in 1870. Citizenship was granted based on either descent or marriage, or via
naturalization
Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the in ...
after ten years of residence (or on the acquisition of an official function). Citizenship could also be retracted in the case of an absence of longer than two years. By a principle of
subsidiarity
Subsidiarity is a principle of social organization that holds that social and political issues should be dealt with at the most immediate or local level that is consistent with their resolution. The ''Oxford English Dictionary'' defines subsidi ...
, citizenship in a municipality implied citizenship in the
Crown land
Crown land (sometimes spelled crownland), also known as royal domain, is a territorial area belonging to the monarch, who personifies the Crown. It is the equivalent of an entailed estate and passes with the monarchy, being inseparable from it. ...
of that municipality.
General ''Austrian citizenship'' (''allgemeines österreichisches Staatsbürgerrecht'') for all
Cisleithania
Cisleithania, also ''Zisleithanien'' sl, Cislajtanija hu, Ciszlajtánia cs, Předlitavsko sk, Predlitavsko pl, Przedlitawia sh-Cyrl-Latn, Цислајтанија, Cislajtanija ro, Cisleithania uk, Цислейтанія, Tsysleitaniia it, Cislei ...
n Crown lands represented in the
Imperial Council was introduced in 1867, with a separate ''Hungarian citizenship'' recognized for the lands of the
Hungarian Crown
The Hungarian Crown ( pl, Korona Węgierska) was a part of the Polish Crown Jewels. It was made in the 16th century, resembling the Crown of Saint Stephen, as a private crown of John II Sigismund Zápolya.
History
The original Hungarian Regalia ...
.
The
First Austrian Republic
The First Austrian Republic (german: Erste Österreichische Republik), officially the Republic of Austria, was created after the signing of the Treaty of Saint-Germain-en-Laye on 10 September 1919—the settlement after the end of World War I w ...
recognized all citizens of
Republic of German-Austria
The Republic of German-Austria (german: Republik Deutschösterreich or ) was an unrecognised state that was created following World War I as an initial rump state for areas with a predominantly German-speaking and ethnic German population wi ...
as Austrian citizens, effective 13 December 1918.
Also recognized as citizens were all individuals with permanent residence in the territory of German-Austria since at least 1914. Individuals with Austrian citizenship outside of German-Austria (with the exception of
Galicia,
Dalmatia
Dalmatia (; hr, Dalmacija ; it, Dalmazia; see #Name, names in other languages) is one of the four historical region, historical regions of Croatia, alongside Croatia proper, Slavonia, and Istria. Dalmatia is a narrow belt of the east shore of ...
and
Istria
Istria ( ; Croatian language, Croatian and Slovene language, Slovene: ; ist, Eîstria; Istro-Romanian language, Istro-Romanian, Italian language, Italian and Venetian language, Venetian: ; formerly in Latin and in Ancient Greek) is the larges ...
) were given the right to declare themselves German-Austrians and so receive citizenship.
The new constitution of 1920 introduced the system of
States (''Bundesländer''). Nationality law was now handled at the State level (''Landesbürgerschaft''), still tied to municipal citizenship (''Heimatrecht'') via the subsidiarity principle. A new nationality passed in 1925 permitted naturalization following a period of permanent residence of at least four years.
Between 13 March 1938 and 27 April 1945, Austria was
part of Germany, and
German nationality law
German nationality law details the conditions by which an individual holds German nationality. The primary law governing these requirements is the Nationality Act, which came into force on 1 January 1914.
Germany is a member state of the Europ ...
applied. Those acquiring Austrian citizenship upon the establishment of the
Second Austrian Republic
The history of Austria covers the history of Austria and its predecessor states. In the late Iron Age Austria was occupied by people of the Hallstatt Celtic culture (c. 800 BC), they first organized as a Celtic kingdom referred to by the Romans ...
in 1945 generally lost German citizenship on that date.
The Republic of Austria was established in 1955, and the current nationality law was originally enacted in 1965, and renewed in 1985 to reflect
gender equality
Gender equality, also known as sexual equality or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making; and the state of valuing d ...
, introducing perfect symmetry for the acquisition of nationality via marriage by either partner. The law has been updated several times, in 1986, 1988, 1993, 1994, 1997,1998, 2006, 2013 and 2019.
Acquisition 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 the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
member countries regarding foreign spouses obtaining the member state's citizenship.
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.
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 of
Austria-Hungary
Austria-Hungary, often referred to as the Austro-Hungarian Empire,, the Dual Monarchy, or Austria, was a constitutional monarchy and great power in Central Europe between 1867 and 1918. It was formed with the Austro-Hungarian Compromise of ...
resident in Austria, who left Austria before 15 May 1955 because they had either suffered persecution by the Nazi regime or had reason to fear such persecution, as well as those who had suffered persecution because of their support of democracy in Austria or had reason to fear such persecution, have been able to have their citizenship restored, while retaining any other citizenship they have since acquired. In addition, any direct descendants of those persons, including those adopted as minors, are able to claim Austrian citizenship, without giving up any existing citizenship, and whether or not their ancestors have regained or claimed Austrian citizenship.
Appointment 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
![Beibehaltung_der_Staatsbürgerschaft](https://upload.wikimedia.org/wikipedia/commons/d/dd/Beibehaltung_der_Staatsb%C3%BCrgerschaft.jpg)
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
Arnold Alois Schwarzenegger (born July 30, 1947) is an Austrian and American actor, film producer, businessman, retired professional bodybuilder and politician who served as the 38th governor of California between 2003 and 2011. ''Time'' ...
, who naturalised as a
US citizen
Citizenship of the United States is a legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constituti ...
but was granted special permission to retain his Austrian citizenship.
* Victims of Nazi persecution and their descendants.
* In special circumstances, like for actor
Christoph Waltz
Christoph Waltz (; born 4 October 1956) is an Austrian-German actor. Since 2009 he has been primarily active in the United States. His accolades include two Academy Awards, two Golden Globe Awards, two British Academy Film Awards and two Sc ...
, born in Vienna, where he also went to school and studied drama, who holds a German passport like his father, although his mother is Austrian. He has been granted Austrian citizenship in September 2010 after being awarded an Oscar in March for Best Actor in Tarantino's "
Inglourious Basterds
''Inglourious Basterds'' is a 2009 war film written and directed by Quentin Tarantino, starring Brad Pitt, Christoph Waltz, Michael Fassbender, Eli Roth, Diane Kruger, Daniel Brühl, Til Schweiger and Mélanie Laurent. The film tells an alter ...
". The immediate approval of his citizenship application, however, fueled the debate on Austria's immigration and citizenship policies that are regarded as heavily biased in favor of celebrity.
Citizenship of the European Union
Because Austria forms part of the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
, Austrian citizens are also
citizens of the European Union
European Union citizenship is afforded to all citizens of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additio ...
under
European Union law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
and thus enjoy
rights of free movement and
have the right to vote in
elections
An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office.
Elections have been the usual mechanism by which modern representative democracy has operate ...
for the
European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
. 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. 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.
References
Citations
Sources
*
{{Portal bar, Austria, European Union
Austria and the European Union
Law of Austria
Nationality law