This article was therefore determined to be no longer valid by the First Federal Constitutional Cleanup Law (Erstes Bundesverfassungsrechtsbereinigungsgesetz) of January 4, 2008. The report gives detailed expert commentary on the laws governing 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 The couple has to have lived together for 5 years AND. Obtaining Austrian citizenship by extension - In certain cases, Austrian citizenship may be extended to children, spouses, and civil partners. [3] 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). EEA citizens) may apply for citizenship after six years of permanent residence in Austria. The exception is in cases where permission to retain Austrian citizenship has been obtained in advance. Generally, you need to stay in Austria for a minimum of 10 years in order to apply for citizenship. Therefore, US residents contemplating marriage in Austria should be familiar with the following requirements: The legal age for both men and women is 18. 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. 1 StbG) was rendered obsolete. Nationality law was now handled at the State level (Landesbürgerschaft), still tied to municipal citizenship (Heimatrecht) via the subsidiarity principle. The law has been updated several times, in 1986, 1988, 1993, 1994, 1997,1998, 2006, 2013 and 2019. If both parties to the marriage are neither Austrian citizens nor residents, the application must be filed with the Standesamt in charge of the First District of Vienna (Standesamt Wien-Innere Stadt, Schlesingerplatz 4, A-1082 Vienna, Austria; phone: +43 1 40134 08580; fax: +43 1 40134 99 08580; e-mail: The spouse applicant must also have lived in Austria with a settlement permit (. However, the procedure requires time and thorough preparation. The average time frame for an application is 12 – 18 months. 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]. That means survivors of death camps, those who hid out during the war or fled from the Nazis, etc. 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. those who acquire Austrian citizenship on the basis of being appointed a professor at an Austrian university. Minors until the age of 14, who were adopted by an Austrian citizen, can obtain Austrian citizenship by application. After getting married in Australia, you have to provide proof that you are actually residing together in a same residence. Granting citizenship for extraordinary achievements (Art 10 (6) StbG) Obtaining Austrian citizenship by declaration (for persons who have their residence in Austria … Documents required for obtaining Austrian Citizenship. The conventional means of obtaining citizenship and passports are by birth, marriage, and naturalization. For additional information, US citizens can also contact the US Embassy, American Citizen Services, Gartenbaupromenade 2, A-1010 Vienna; Phone: 01143 1 313 39 7575; Fax: 01143 1 512 5835; e-mail: 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). Austrian citizens who naturalize in another country with permission obtained to retain Austrian citizenship (de: Victims of Nazi persecution and their descendants. 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. [1] Birth Certificate (original or certified copy). Obtaining Austrian citizenship by extension - In certain cases, Austrian citizenship may be extended to children, spouses, and civil partners. 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. Only civil marriages are legal in Austria. 2. 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. 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. when somebody is a celebrity in arts, sports, science, economy etc. The QNI considers, in addition, to travel freedom on internal factors such as peace & stability, economic strength, and human development as well. Therefore, the requirement of automatic conferment of citizenship on foreign-nationals named to professorships (as found in § 25 Abs. Acquisition by descent. USA, Canada and Mexico), Natural born citizen of the other country (Other countries citizens by birth, Jus soli, e.g. Please note, that the information provided in this article should be regarded as a general guideline. 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. 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. They may however be followed by voluntary religious ceremonies if desired. Marriage cases; 6. 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. The First Austrian Republic recognized all citizens of Republic of German-Austria as Austrian citizens, effective 13 December 1918. ... France and Luxembourg, the current signatories are Austria… 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. 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… The wedding ceremony itself takes approximately 15 minutes. Citizenship documents are issued after the citizenship application has been approved. 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 ceremony takes place at the Standesamt. However, the procedure requires time and thorough preparation. ©Tirol Werbung / Kathrein Verena, Austrian Press & Information Service in the United StatesEmbassy of Austria, 3524 International Court, NWWashington, DC, 20008, USA, Vienna - Centre for International Dialogue, Austria in USA - 180 Years of Diplomatic Relations. To learn more about cereomny customs, see below. Some aliens (e.g. The important part is that the application to retain Austrian citizenship is made before acquiring another citizenship. From 1863, municipalities were obliged to keep a record (Heimatrolle) of all citizens. 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. Several European countries offer EU citizenship to ancestors of people who lost their citizenship fleeing persecution, including Germany, Poland, Austria, and Hungary. Request a free consultation if you think you are eligible for any of the above. 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 … Austria offers more than ten options for becoming a legal resident and obtaining a residence permit. Furthermore, certain US documents (e.g. 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. 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. Latvia is a special case with limited scope for accepting dual citizenship. ), or in situations where the citizen would suffer hardship due to not having the second citizenship. There is an advantage of this type of citizenship. However, marriages legally performed in Austria are generally recognized in the United States. Ways to acquire Austria Citizenship include: – By Descent. In some other countries, however, marriage to a local offers a fast track that reduces the timeline to naturalization. This requirement can be waived in exceptional cases. 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 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 fees for the various procedures and services involved may amount to €300.00. Attend your citizenship ceremony. “Holocaust survivors”, according to the Austrian law, refers to all victims of Nazi persecution. Citizenship could also be retracted in the case of an absence of longer than two years. Generally, if your spouse is a U.S. citizen who is employed by the U.S. government, including the military or another qualifying employer, and your spouse is scheduled to be stationed abroad for at least one year at the time you file your Form N-400, you may be eligible for naturalization under Section 319(b) of the INA. Furthermore, spouses and minor unmarried children of those professors who were still named state officials previously also received Austrian citizenship (§ 25 Abs. The new law applies to direct descendants of Holocaust survivors; that is: children, grandchildren, and great-grandchildren. It is important to abide with some rules or the eligibility criteria to get a sponsorship for Australian citizenship through marriage. However, those who have a Brazilian spouse qualify to apply for a second citizenship after just one year of uninterrupted residence in the country. Otherwise the Austrian citizenship is automatically lost the moment a person obtains a foreign citizenship. US citizens may get married in Austria. Latvia permits dual citizenship but since 2013, dual citizenship in Latvia permitted only with the following countries: > This marriage can then be recognized when applying for a permanent residence or a visitor visa for your Austrian spouse. Children automatically become Austrian citizens at the time of their birth, when the mother is an Austrian citizen. It is possible to apply for Austrian citizenship by naturalization generally after 10 years of continuous residence in Austria. 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. birth certificate) may also have to be certified and accompanied by an apostille. The following list is for general reference only. Getting Married in Austria. Those acquiring Austrian citizenship upon the establishment of the Second Austrian Republic in 1945 generally lost German citizenship on that date. [15], The Austrian nationality is ranked tenth in Nationality Index (QNI). f. U.S. certificate of no impediment to marriage (Ehefähigkeitszeugnis). 7, The regulation for professors (Dienstantritt als Universitätsprofessor, § 25 Abs. However, in certain cases it is possible to apply earlier. 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. Minor children of a person granted Austrian citizenship are most often granted Austrian citizenship as well. 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. Alternatively, you can file your application if you are married for at least 5 years to an Austrian citizen. Austria - Passport & Nationality - Austrian Citizenship through Marriage.
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