austria citizenship by marriage

If, for example, an Austrian citizen wants to obtain U.S. citizenship because he/she lives in the U.S. and, without a 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. Austrian citizenship can be gained by decent, award, an extension of the award, marriage, etc. This page was last edited on 30 December 2020, at 01:07. 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. Dual Citizenship Austria Restricted. This index differs from the Visa Restrictions Index, which focuses on external factors including travel freedom. e. Documentary proof of dissolution of previous marriage(s), if any, e.g., final divorce or annulment decrees (Mexican divorces are usually not recognized in Austria) or death certificate(s) of previous spouse(s). 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. Each option provides various possibilities: with or without a work permit, with or without an option to be employed or self-employed. Austrian citizenship must have been possessed for 10 years before it was lost. Articles 5 – 8 of Law n. 91 of 1992 on Italian Citizenship governs citizenship whether it’s by civil union or marriage. 91/92. A new nationality passed in 1925 permitted naturalization following a period of permanent residence of at least four years. Getting Married in Austria. 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. Minors until the age of 14, who were adopted by an Austrian citizen, can obtain Austrian citizenship by application. To learn more about cereomny customs, see below. [14], Visa requirements for Austrian citizens are administrative entry restrictions by the authorities of other states placed on citizens of Austria. 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. 1 StbG) was rendered obsolete. 2. The new constitution of 1920 introduced the system of States (Bundesländer). Welcome to the Federal Government‘s official information website on migration to Austria! You should apply for an apostille at the Vital Statistics Office (Standesamt) where your marriage ceremony is to take place. f. U.S. certificate of no impediment to marriage (Ehefähigkeitszeugnis). By a principle of subsidiarity, citizenship in a municipality implied citizenship in the Crown land of that municipality. Marriage cases; 6. 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. (This e-mail address is being protected from spam bots, you need to enable JavaScript to display the e-mail correctly). The law has been updated several times, in 1986, 1988, 1993, 1994, 1997,1998, 2006, 2013 and 2019. Acquisition by descent. 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. Restoration of lost Austrian citizenship to Holocaust survivors and their descendants Citizenship by descent: Child is born abroad, one of whose parents is an Austrian citizen. [1] 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. Austrian citizens who naturalize in another country with permission obtained to retain Austrian citizenship (de: Victims of Nazi persecution and their descendants. 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. persons with the knowledge of the German language on level B2 or with proof of substantial personal integration (after 6 years of uninterrupted residence). naturalized Austrian citizens who are unable to renounce their existing nationality. [16], Overview of the nationality law in the Republic of Austria, Entitlement to grant of Austrian citizenship, Restoration of lost Austrian citizenship to Holocaust survivors and their descendants, Appointment to a professorship at an Austrian university, Learn how and when to remove this template message, https://www.migration.gv.at/en/living-and-working-in-austria/integration-and-citizenship/citizenship/#:~:text=Acquisition%20by%20descent,father%20is%20an%20Austrian%20citizen, https://www.bmeia.gv.at/en/austrian-embassy-london/service-for-citizens/identity-papers-and-other-documents/citizenship-certificate/, "Citizenship for descendants of victims of National Socialism – BMEIA, Außenministerium Österreich", Treaty on the Functioning of the European Union, Rights abroad: Right to consular protection, "Treaty on the Function of the European Union (consolidated version)", "Global Ranking - Visa Restriction Index 2017", "The 41 nationalities with the best quality of life", The Legal Information System of the Republic of Austria (RIS), Austrian Nationality Act 1985 in the version of FLG I No. This may take various forms, including economic ones, and can include investment or other economic benefit brought to Austria. The wedding ceremony itself takes approximately 15 minutes. 10 (6) of the Austrian Citizenship Act states that the government can reward foreign persons with citizenship in the event of extraordinary merit. 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 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. In case of a non-Austrian mother and an Austrian father, marriage law listed above applies. Attend your citizenship ceremony. The answers given below are pretty good. The following list is for general reference only. Suffrage (election of the Imperial Council) for all male citizens with Heimatrecht was introduced in 1906. 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. 7, The regulation for professors (Dienstantritt als Universitätsprofessor, § 25 Abs. 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… 5 CITIZENSHIP BY MARRIAGE TO AN ITALIAN CITIZEN OR BY CIVIL PARTNERSHIP . Applying for Austrian citizenship from abroad is not possible. Furthermore, spouses and minor unmarried children of those professors who were still named state officials previously also received Austrian citizenship (§ 25 Abs. The marriage must have lasted for a minimum of 5 years. US citizens may get married in Austria. I am not a specialist in this, as I have never “become” an Austrian citizen, but have always been one. Request a free consultation if you think you are eligible for any of the above. 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: consularvienna@state.gov. 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. In some other countries, however, marriage to a local offers a fast track that reduces the timeline to naturalization. The office will forward the documents to the Superior Court (Oberlandesgericht) in charge for approval. Austrian citizenship will be officially granted to you in a ceremony at the provincial government office. 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. http://www.help.gv.at/Content.Node/142/Seite.1420000.html, Front page image: Sunrise at Hochschwab Peak / Tom Lamm / Österreich WerbungTravel restrictions: Vienna International Airport Passport Control, © BMI/Josef HolzleitnerJewish News from Austria: Seitenstettengasse Temple. Foundlings under the age of 6 months are legally presumed to have Austrian citizenship. Person has taken up a position as a professor at an Austrian University. The conventional means of obtaining citizenship and passports are by birth, marriage, and naturalization. d. A residence registration form ("Meldezettel") issued by the Austrian authorities after arrival, unless the applicants are staying at a hotel, youth hostel etc. [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. 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. Between 13 March 1938 and 27 April 1945, Austria was part of Germany, and German nationality law applied. Obtaining Austrian citizenship by extension - In certain cases, Austrian citizenship may be extended to children, spouses, and civil partners. 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 marriage ceremony to an Austrian citizen can legally take place in Austria, Canada, or any other country as long as both parties have the necessary visas to enter this country legally. Latvia permits dual citizenship but since 2013, dual citizenship in Latvia permitted only with the following countries: > Also recognized as citizens were all individuals with permanent residence in the territory of German-Austria since at least 1914. 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. Individuals of at least 16 years of age may also marry provided that written, notarized consent from both parents is presented and if the other spouse is at least 18 years old. How to get EU Citizenship through Marriage/ Civil Partnership Granting citizenship for extraordinary achievements (Art 10 (6) StbG) Obtaining Austrian citizenship by declaration (for persons who have their residence in Austria … Legally binding advice regarding the validity of an Austrian marriage in the United States can be obtained only from an attorney or an official in the appropriate state. Austria is one of the best and exciting countries to live, work, study and do business in Europe. Documents required for obtaining Austrian Citizenship. ©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. However, the procedure requires time and thorough preparation. However, since September 1, 2001, postings for university professorships are to be advertised exclusively as private-sector employment 6. However from my experience it is not easy. 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. “Holocaust survivors”, according to the Austrian law, refers to all victims of Nazi persecution. The same applies in case the parents are married and only the father is an Austrian citizen. The report gives detailed expert commentary on the laws governing citizenship. 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. 5) Time required to complete application process: Although Austrian law does not require a period of residence in Austria prior to the marriage, the administrative procedures involved usually require two to four weeks to complete. 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). 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. 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. Those acquiring Austrian citizenship upon the establishment of the Second Austrian Republic in 1945 generally lost German citizenship on that date. Documents required for individual applications are assessed in personal interviews based on the applicant’s personal data. Children automatically become Austrian citizens at the time of their birth, when the mother is an Austrian citizen. Children naturally become Austrian citizens if their mother is an Austrian Citizen The same applies if their parents are … [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. 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. However it may lead to a reduction in the residence requirement for naturalisation as an Austrian citizen. 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. An Austrian citizen who acquires another citizenship by voluntary action automatically loses Austrian citizenship. 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). 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. Persons separated from a Maltese spouse may still apply for Maltese citizenship by marriage, provided they lived together for five years after the celebration of the marriage. The spouse applicant has to have lived in Austria permanently for a minimum of 6 years. The exception is in cases where permission to retain Austrian citizenship has been obtained in advance. Citizenship. After getting married in Australia, you have to provide proof that you are actually residing together in a same residence. Birth in Austria does not in itself confer Austrian citizenship. 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: post-a08@m61.magwien.gv.at. Therefore, the requirement of automatic conferment of citizenship on foreign-nationals named to professorships (as found in § 25 Abs. Once you notify the provincial government that you've renounced your former citizenship, you'll get a date when your ceremony will take place. Only civil marriages are legal in Austria. 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 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]. This may be difficult to obtain, as the aim of the lawgiver is to reduce the number of dual citizenships granted. The new law applies to direct descendants of Holocaust survivors; that is: children, grandchildren, and great-grandchildren. 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. However, those who have a Brazilian spouse qualify to apply for a second citizenship after just one year of uninterrupted residence in the country. c. Driver's License or similar document that indicates the address of residence of the party concerned. 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). Acquisition of citizenship of Lithuania in exceptional cases or by a person having a status of a refugee. Successful applicants receive full citizenship of the Republic of Austria by decision of the Government of Austria, and can apply for a … The ceremony takes place at the Standesamt. 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. 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 … However be followed by voluntary religious ceremonies if desired on professors was valid only for citizens of Republic of since. Of this type of citizenship on the applicant ’ s personal data who were adopted an! Edited on 30 December 2020, at 01:07 all countries that allow marriages... The laws governing citizenship to display the e-mail correctly ) possible to for! Actually residing together in a ceremony at the time of their birth, marriage, and can investment..., 2006, 2013 and 2019 an advantage of this type of citizenship on the of! 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