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Austrian nationality law


Austrian citizenship is based primarily on the principle of jus sanguinis. In other words, one usually acquires Austrian citizenship if a parent is Austrian, irrespective of place of birth.

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.

A child born to two Austrian parents is an Austrian citizen, regardless of the parents' marital status.

If the parents are married at the time of birth, Austrian citizenship of either the mother or the father is sufficient, so long as the child was born after 1 September 1983. For children born prior to that date, the father must have been an Austrian citizen: children born to an Austrian mother married to a non-Austrian father do not qualify.

If the parents are not married, a mother automatically passes on Austrian citizenship. A father passes on citizenship if he acknowledges paternity or a court does so within eight weeks of the birth. Should the parents marry at some time after the birth, citizenship is automatically granted to the child retroactively. If the child is over 14 at that time, however, the child's consent is needed.

It is possible to apply for Austrian citizenship by naturalization after 10 years of continuous residence in Austria.

Additional requirements include:

This requirement can be waived in exceptional cases.

Naturalization as an Austrian citizen based on 10 years of continuous residence is discretionary.

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.

Minor children of a person granted Austrian citizenship are most often granted Austrian citizenship as well.

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.

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.

A stateless person born in Austria may be granted Austrian citizenship within two years of age 18 if he has lived in Austria for a total of 10 years, including 5 years continuously before application.

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 , foreign citizens formerly received Austrian citizenship immediately when they took office, without additionally applying for citizenship, or being compelled to do so .


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