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]. The ceremony takes place at the Standesamt. The fees for the various procedures and services involved may amount to €300.00. The answers given below are pretty good. 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. Acquisition of citizenship of Lithuania in exceptional cases or by a person having a status of a refugee. 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]. 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. US citizens may get married in Austria. 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. Therefore, the requirement of automatic conferment of citizenship on foreign-nationals named to professorships (as found in § 25 Abs. However from my experience it is not easy. The new constitution of 1920 introduced the system of States (Bundesländer). Granting citizenship for extraordinary achievements (Art 10 (6) StbG) Obtaining Austrian citizenship by declaration (for persons who have their residence in Austria … 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. From 1 September 2020 there will be provisions for Austrian Jews and any other Austrian citizens, including residents of the country that were stateless or citizens of successor states of Austria-Hungary at the time, 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, will be able to have their citizenship restored, while retaining any other citizenship they have since acquired. This process of obtaining Italian citizenship by marriage is also know as "Jure Matrimonii".A non-Italian spouse of an Italian citizen is eligible for Italian citizenship after two years of being married or in a civil union so long as the couple resided in Italy. Once you notify the provincial government that you've renounced your former citizenship, you'll get a date when your ceremony will take place. Nationality law (German: Staatsbürgerschaftsgesetz) in the Republic of Austria is based on the principle of jus sanguinis. Children automatically become Austrian citizens at the time of their birth, when the mother is an Austrian 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. [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). The spouse applicant must also have lived in Austria with a settlement permit (. Austrian citizens who naturalize in another country with permission obtained to retain Austrian citizenship (de: Victims of Nazi persecution and their descendants. I am not a specialist in this, as I have never “become” an Austrian citizen, but have always been one. Obtaining Austrian citizenship by extension - In certain cases, Austrian citizenship may be extended to children, spouses, and civil partners. In case of a non-Austrian mother and an Austrian father, marriage law listed above applies. Individuals with Austrian citizenship outside of German-Austria (with the exception of Galicia, Dalmatia and Istria) were given the right to declare themselves German-Austrians and so receive citizenship. This index differs from the Visa Restrictions Index, which focuses on external factors including travel freedom. Foundlings under the age of 6 months are legally presumed to have Austrian citizenship. Therefore, US residents contemplating marriage in Austria should be familiar with the following requirements: 1) Legal Age for Marriage: The legal age for both men and women is 18. Generally, you need to stay in Austria for a minimum of 10 years in order to apply for citizenship. Citizenship by Investment in Austria. As a permanent resident of Brazil, you can apply for naturalization after four years of “uninterrupted residence” and strong ties to Brazil. 91/92. [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. 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. USA, Canada and Mexico), Natural born citizen of the other country (Other countries citizens by birth, Jus soli, e.g. Obtaining Austrian citizenship by extension - In certain cases, Austrian citizenship may be extended to children, spouses, and civil partners. The wedding ceremony itself takes approximately 15 minutes. Austrian law substantially restricts dual citizenship. By a principle of subsidiarity, citizenship in a municipality implied citizenship in the Crown land of that municipality. It is important to abide with some rules or the eligibility criteria to get a sponsorship for Australian citizenship through marriage. Civil unions and registered partnerships are considered equivalent or comparable to marriage in some EU countries. A resident of a country can obtain citizenship usually by residing in that country for a specified period of time is called adoption. In case of a non-Austrian mother and an Austrian father, marriage law listed above applies. (This e-mail address is being protected from spam bots, you need to enable JavaScript to display the e-mail correctly). US citizens may get married in Austria. The law can change at any time, however, especially should the power in the Austrian parliament shift dramatically after an election and a party opposed to the current law regains absolute majority.[7][8]. Unless the couple marries, child obtains the citizenship of the mother. Restoration of lost Austrian citizenship to Holocaust survivors and their descendants They may however be followed by voluntary religious ceremonies if desired. In Austria, Art. The answers given below are pretty good. This may take various forms, including economic ones, and can include investment or other economic benefit brought to Austria. With around 13.5% of its population consisting of foreign citizens and around 20% of its population having a migration background, Austria is an immigrant-friendly nation that provides immigrants with the option of obtaining citizenship without onerous residence requirements on … 1 StbG) was rendered obsolete. The main criteria for the process are: Sufficient knowledge of the German language You will loose your previous citizenship. 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 Civil marriages are performed by officials of the Vital Statistics Office (Standesamt) in the appropriate jurisdiction. The marriage must have lasted for a minimum of 5 years. 5. Request a free consultation if you think you are eligible for any of the above. Applying for Austrian citizenship from abroad is not possible. 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). 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. Austrian citizenship can be acquired by descent, award, extension of the award, etc. ), or in situations where the citizen would suffer hardship due to not having the second citizenship. 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. This marriage can then be recognized when applying for a permanent residence or a visitor visa for your Austrian spouse. Ways to acquire Austria Citizenship include: – By Descent. Those acquiring Austrian citizenship upon the establishment of the Second Austrian Republic in 1945 generally lost German citizenship on that date. This meant that the automatic conferment of citizenship on professors was valid only for citizens of non-EU states 5. The new law applies to direct descendants of Holocaust survivors; that is: children, grandchildren, and great-grandchildren. The First Austrian Republic recognized all citizens of Republic of German-Austria as Austrian citizens, effective 13 December 1918. However, in certain cases it is possible to apply earlier. 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. In this special case of naturalization, dual citizenship was permitted. Alternatively, you can file your application if you are married for at least 5 years to an Austrian citizen. [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. This article was therefore determined to be no longer valid by the First Federal Constitutional Cleanup Law (Erstes Bundesverfassungsrechtsbereinigungsgesetz) of January 4, 2008. After getting married in Australia, you have to provide proof that you are actually residing together in a same residence. Exceptions are made for situations where it is in the interest of the Republic of Austria to grant this dual citizenship (e.g. 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. 5 CITIZENSHIP BY MARRIAGE TO AN ITALIAN CITIZEN OR BY CIVIL PARTNERSHIP . 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. How to get EU Citizenship through Marriage/ Civil Partnership Welcome to the Federal Government‘s official information website on migration to Austria! [15], The Austrian nationality is ranked tenth in Nationality Index (QNI). Only civil marriages are legal in Austria. There is an advantage of this type of citizenship. Please be advised that you need an apostille attached to your Austrian marriage certificate since it will otherwise not be accepted by the authorities in the US. Unlike certain other European countries Austria does not offer a golden visa for passive investment. Austrian citizenship must have been possessed for 10 years before it was lost. Between 13 March 1938 and 27 April 1945, Austria was part of Germany, and German nationality law applied. 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. 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. Austrian citizenship will be officially granted to you in a ceremony at the provincial government office. The acquisition of citizenship by the foreign or stateless spouse of an Italian citizen is regulated by Articles 5, 6, 7 and 8 of Law No. 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. 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. 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". 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. Alternatively, you can file your application if you are married for at least 5 years to an Austrian citizen. 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. However, those who have a Brazilian spouse qualify to apply for a second citizenship after just one year of uninterrupted residence in the country. Citizenship documents are issued after the citizenship application has been approved. Austria - Passport & Nationality - Austrian Citizenship through Marriage. The QNI considers, in addition, to travel freedom on internal factors such as peace & stability, economic strength, and human development as well. Austrian citizens or citizens of a successor state of the former Austro-Hungarian monarchy, who were forced to leave Austria prior to 15 May 1955 for reasons relating to their race or for political reasons, and who subsequently lost their Austrian citizenship as a result of taking up a foreign citizenship may reacquire Austrian citizenship by declaration (durch Anzeige), as set out in §58c of the Austrian … 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. The climate in Austria is temperate continental, cloudy and cold winters with rain and some snowfall in the lowlands. The following list is for general reference only. Nationality law was now handled at the State level (Landesbürgerschaft), still tied to municipal citizenship (Heimatrecht) via the subsidiarity principle. The Republic of Austria was established in 1955, and the current nationality law was originally passed in 1965, and renewed in 1985 to reflect gender equality, introducing perfect symmetry for the acquisition of nationality via marriage by either partner. f. U.S. certificate of no impediment to marriage (Ehefähigkeitszeugnis). Latvia is a special case with limited scope for accepting dual citizenship. Furthermore, certain US documents (e.g. The report gives detailed expert commentary on the laws governing citizenship. The same applies in case the parents are married and only the father is an Austrian citizen. Minor children of a person granted Austrian citizenship are most often granted Austrian citizenship as well. 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). Therefore, US residents contemplating marriage in Austria should be familiar with the following requirements: The legal age for both men and women is 18. All countries that allow same-sex marriages generally recognise same-sex registered partnerships concluded in other countries. 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. Naturalization as an Austrian citizen based on 10 years of continuous residence is discretionary. Citizenship by descent: Child is born abroad, one of whose parents is an Austrian citizen. The important part is that the application to retain Austrian citizenship is made before acquiring another citizenship. persons with the knowledge of the German language on level B2 or with proof of substantial personal integration (after 6 years of uninterrupted residence). Wikimedia Commons/Dnalor_01/ CC-BY-SA 3.0Taste of Austria: Kaiserschmarren. Minors until the age of 14, who were adopted by an Austrian citizen, can obtain Austrian citizenship by application. 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. 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. Austria is one of the best and exciting countries to live, work, study and do business in Europe. Attend your citizenship ceremony. You should apply for an apostille at the Vital Statistics Office (Standesamt) where your marriage ceremony is to take place. EEA citizens) may apply for citizenship after six years of permanent residence in Austria. In other words, one usually acquires Austrian citizenship if a parent is Austrian, irrespective of place of birth. 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. An Austrian citizen who acquires another citizenship by voluntary action automatically loses Austrian citizenship. Austria dual citizenship. Children automatically become Austrian citizens at the time of their birth, when the mother is an Austrian citizen. The main criteria for the process are: Sufficient knowledge of the German language You will loose your previous citizenship. 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. “Holocaust survivors”, according to the Austrian law, refers to all victims of Nazi persecution. ... France and Luxembourg, the current signatories are Austria… The exception is in cases where permission to retain Austrian citizenship has been obtained in advance. Latvia. The office will forward the documents to the Superior Court (Oberlandesgericht) in charge for approval. Birth Certificate (original or certified copy). Some aliens (e.g. Dual Citizenship Austria Restricted. Person has taken up a position as a professor at an Austrian University.