Your Attorneys at Law for Austrian Citizenship & Residence Permit - Austrian Immigration Lawyer
Austria, one of the most beautiful, wealthy and safe countries in the world - Austrian Citizenship & Residence Permit
Austria, located in the heart of Europe, is one of the most beautiful, wealthy and safe countries in the world. Austria offers one of the highest living standards in the world. Therefore, Austria was awarded with the price for the worldwide highest standard of living in the World Competitiveness Yearbook. Furthermore, Mercer's 2017 Quality of Living ranking puts Vienna again in the first place (Quality of Living).
Austria, located in the heart of Europe, lies close-by Switzerland, Germany and Italy and is divided in nine federal states. The main and most beautiful cities are Vienna, Salzburg, Graz, Innsbruck and Bregenz and provide you with a rich cultural and historical heritage. Furthermore, Austria has very impressing landscapes such as the Alps, the Wachau or the Wald- and Weinviertel. In Austria you can enjoy four amazing seasons: Spring with blooming plants and fields and melting glaciers, a Summer with incredible mountains and pure lakes, Autumn with gold-leafed forests and winter with snow-covered valleys and mountains.
Austria´s perfect combination of economic stability, a clean and beautiful environment and an excellent infrastructure makes it an outstanding place of residence. As a resident or citizen of Austria you can benefit from very comfortable and stable living conditions every day. Either live in one of the most famous and popular cities in the world such as Vienna, Salzburg or Innsbruck or relax in Austria's awesome countryside - the Waldviertel or the Alps.
Austria is an excellent place to establish residence within the European Union. Enjoy all the advantages of this safe and prosperous country!
Your Residence Permit in Austria: Tailor-Made Solutions for Permits & Austrian Citizenship
An Austrian residence permit allows you to travel through Europe (including all Schengen states) without worrying about a visa. A residence permit is initially given for a limited period of time. In general, the permit can be renewed on a regular basis.
There are a number of different types of residence permits and the legal regulations are changing permanently. Thus, only a spezialized law firm is able to guide you through the jungle of regulations. We will help you to find the one most suitable for you. For example, one of these permits is the resident permit without working permit. Applying for this permit requires sufficient funding, permanent accommodation and health insurance in Austria.
An Austrian residence permit is also the basis for a citizenship application in Austria. A citizenship can be granted after some years of legal residence in Austria. After ten years, at the latest, you can apply for Austrian citizenship. We support you in this process as a matter of course.
Your Austrian Citizenship: Competent Advice from Law Experts Attorneys
With an Austrian citizenship you can live and work in Austria or in another country of the European Union. The Austrian passport offers visa-free travelling, and is one of the very best travel documents in the world.
The requirements for obtaining Austrian citizenship are laid down in the Austrian Citizenship Act and presents part of the general prerequisites for naturalisation.
There are several different ways of obtaining Austrian citizenship. The government can reward foreign persons with citizenship in case of extraordinary merits. Relevant factors to be considered are e.g. public interest and weal, integration and general conduct of the applicant. Besides, extraordinary contributions such as bringing new technologies to the country or creating a substantial number of new jobs can cause the grant of citizenship.
As Austria is offering proceedings for Citizenship by Investment to foreign persons who invest substantially in the growth of Austrian economy we are also glad to advise you on all possibilities for obtaining Austrian citizenship as an investor.
Moreover, we can support you regarding applications for dual citizenship. Basically dual citizenship is excluded under Austrian citizenship law. Nevertheless, there are possibilities to keep both citizenships. An exception is the relatively frequent case of dual citizenship by descent or the cases stated in Section 28 of the Austrian Citizenship Act (if the maintenance is in the interest of the Republic of Austria, or if personal reasons are worth considering).
The team of legal experts at Law Experts Attorney at Law in Austria comprehensively and competently advises you regarding all questions relating to citizenship law. Our group of experienced lawyers is on your side. We represent your interests throughout Austria.
We advise and represent you in the area of citizenship law and Austrian Citizenship, in particular regarding the following:
- Applying for and being granted Austrian citizenship
- Acquiring Austrian citizenship by descent
- Granting of Austrian citizenship in special cases, e.g. if it is in the special interest of the Republic of Austria to confer citizenship
- Application for dual citizenship
- Reviewing prerequisites, plus preparation of the necessary applications and documents
- Procedural law and potential legal remedies
We are glad to advise you on these issues and suitable investment opportunities, provide you with contacts to the competent authorities and ministries, and finally prepare and submit your application to the responsible governmental departments.
Your Experts for Immigration & Austrian Immigration Lawyers: Austrian Citizenship & Residence Permit Austria
As specialists for residence and citizenship with longstanding experience, we guarantee you best services and know-how. All our lawyers are experts in the field of immigration, registered at the Austrian Bar Association. Moreover, we are locals and well connected. Therefore, we can safely guide you through the jungle of Austrian immigration regulations and keep you informed and supported, form your first until your last step in the proceedings.
Being part of a network of well-known and serious Austrian law firms allows us to successfully organise all necessities at the Austrian authorities on your behalf. Be on the save side from the first moment!
Our services and your benefits:
- Exclusive and tailor-made Solutions.
- Advice and support by experienced and specialized lawyers.
- Local know-how and connections.
- Support from the first until the last step.
The internationally distinguished Law Experts Attorneys-at-Law have locations/offices in Innsbruck (Principal Office), Telfs and Vienna, as well as a network of partner law firms throughout Austria and worldwide. Our law firm furthermore not only has the best contacts internationally, but also regionally.
We guarantee you that your legal matter will be given maximum attention, be treated with the utmost precision, and be handled exclusively by highly qualified Law Experts. As your lawyers of choice, we will be there to assist you and provide 100% support.
Our Services on Citizenship, Immigration & Residence Permits throughout Austria - Your Austrian Immigration Attorneys
As experienced Immigration Attorneys we are glad to support private clients and also multinational companies and their employees in all legal matters related to immigration & residency in Austria as follows:
- Residence Permits for researchers, students, journalists, guest lecturers, artists etc.
- Residence Permits for businessman (sustainable investments)
- Residence Permits for very highly qualified workers or other key workers
- Residence Permit without a working permit (sufficient funds needed)
- Residence Permits for private purposes
- Residence Permits for family members
- Residence Permits in Austria for UK Nationals after Brexit
- Residence Permits and Vacation Domicile / Second Home / Holiday Home cases in Austria
- Red-White-Red Cards (plus) for highly skilled and other key employees
- Red-White-Red Cards for self-employed key persons
- Austrian Citizenship Applications
- Dual Citizenship Applications and advice on Austrian Dual Citizenship
- Austrian Citizenship by Investment in Austria
- Austrian citizenship and Austrian ancestry
- Austrian citizenship for former Austrians who had to leave Austria prior to May 1945
- Austrian citizenship for descendants of Holocaust survivors
- Advice on Loss of Austrian Citizenship and Statelessness
- EU Blue Cards
- European Citizenship Programms
- Visa in Austria and Visa Proceedings
- Stay permits for special executives, high potentials, assignees, researchers and students
- Family reunification
- Employment-related permits
Austrian Immigration Lawyers: More information on Immigration & Nationality, Austrian Citizenship & Citizenship Law in Austria:
- The State and the Citizen – Immigration & Nationality, Citizenship Law in Austria and the EU
- The development of Citizenship Law in Austria - Get some insights on Austrian Citizenship
- Requirements for Naturalisation in Austria, Granting Austrian Citizenship according to the Austrian Citizenship Act
- Certificate of Citizenship - Austrian Citizenship, Your Austrian Immigration Lawyers support you
- Acquisition by descent - Austrian Citizenship and the Austrian Citizenship Act
- Acquisition by marriage - Austrian Citizenship and the Austrian Citizenship Act
- Granting Citizenship - Only when it is in the special interest of the Republic of Austria
- Dual Citizenship - An Exception in Austria
The State and the Citizen – Immigration & Nationality, Citizenship Law in Austria and the EU
Based on the theories of constitutional law, the national population is comprised of the totality of citizens. It is therefore indispensable for every State to create regulations regarding the acquisition and loss of citizenship. In recent years, a variety of geopolitical changes and crises has resulted in an increased demand for citizenship from European Union (EU) countries. Among other things, this has also seen individual countries within the European Union virtually put up a “closeout sale” sign for citizenship which permits access and residence within the EU. The acquisition of citizenship from these countries is often linked to pure cash payments or the acquisition of real estate.
Austria has not taken part in this evident "sale" of citizenship and has maintained its fundamental concept for decades. Austrian citizenship holds special value precisely for this reason, apart from the special aspects of Austria as a place to live and as a cultural and economic area. Everyone who has Austrian citizenship has received it either by virtue of birth or by fulfilling strict legal regulations, or due to special merits.
Anyone who has Austrian citizenship is also a citizen of the European Union and thus also possesses all EU rights and freedoms.
The development of Citizenship Law in Austria - Get some insights on Austrian Citizenship
The current Citizenship Act 1985 (StbG) is based on the Citizenship Act of 1949 and the act of 1965. The Austrian Citizenship Act fundamentally distinguishes between 2 groups of persons: citizens and aliens. A citizen is anyone who possesses Austrian citizenship. Those persons who do not have Austrian citizenship are deemed to be aliens.
As noted, citizenship has increasingly become the subject of public discussion in recent years, and associated abuses have been decried across the EU.
In Austria, the Citizenship Act Amendment of 2005 narrowed the criteria for granting citizenship, resulting in significantly fewer awards. A substantial, more extensive amendment of the Citizenship Act was effected in 2013 (StbGNov 2013). The amendment to the Citizenship Act in 2013 resulted in particular in e.g. changes concerning the equal status of children born in and out of wedlock, facilitated the acquisition of citizenship for "putative Austrians" (i.e. persons who were mistakenly treated as Austrian citizens by Austrian authorities but who bear no responsibility for this situation), the introduction of an exemption for persons with special needs, the adjustment of calculation methods used to determine means of subsistence, the creation of a regulation which authorizes citizenship to be awarded when it is in the special interest of the Republic to do so, the broadening of the contents of the citizenship test, the accelerated granting of citizenship to particularly well-integrated persons, as well as the facilitation of the naturalization of children adopted by Austrians.
Requirements for Naturalisation in Austria, Granting Austrian Citizenship according to the Austrian Citizenship Act
Section 10 (1) of the Citizenship Act essentially lists a multitude of conditions that must be met in order to be granted Austrian citizenship.
According to Section 10 of the Citizenship Act, citizenship may only be conferred on an alien if
- he or she has been legally and continuously resident in the federal territory for at least ten years and has possessed a residence permit for at least five years;
- has not been sentenced to imprisonment by a domestic or foreign court for one or more premeditated acts or financial offenses;
- the international relations of the Republic of Austria are not materially affected;
- he/she has a positive attitude towards the Republic of Austria and does not pose a threat to public peace, order and security;
- and that the individual has adequately secured his/her livelihood.
Based on this regulation, it is clear that citizenship is only to be granted to those persons who are permanently and legally resident in Austria and who support and in no way jeopardize existing values and regulations. The associated conditions and obstacles to the granting of citizenship are regulated here. The award criteria must be present in cumulative manner, which implies that the failure to meet a single condition must result in the rejection of an application.
Section 10 Citizenship Act is thus the most important paragraph for the granting of citizenship, to the extent that special circumstances are not involved.
Citizenship is fundamentally granted in connection with a personal application. The corresponding provision can be found in Section 19 of the Citizenship Act. It is also stipulated that the alien must participate in the procedure and provide all necessary documents, etc. The applicant can be represented by a lawyer. Jurisdiction is based on Section 39 of the Citizenship Act, which indicates that citizenship is fundamentally a matter of the State and that, for most applications, the state government is the responsible administrative authority. Local responsibility is the purview of the relevant state government in whose area the applicant has his or her primary residence.
Granting citizenship under Section 10 is a discretionary decision, whereby the wording of Section 10 itself is the basis for this discretionary exercise.
Certificate of Citizenship - Austrian Citizenship, Your Austrian Immigration Lawyers support you
The Certificate of Citizenship is the only official document offering proof of your Austrian citizenship. The issuance of a citizenship certificate for a minor is free of charge within the first two years after the child's birth (application must be filed in time to include processing time).
Acquisition by descent - Austrian Citizenship and the Austrian Citizenship Act
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 forsees 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.
Children born in marriage obtain Austrian citizenship if
- born before 1st September 1983: father is Austrian citizen at time of child's birth
- born on or after 1st September 1983: one parent is Austrian citizen at time of child's birth
Children born out of marriage obtain Austrian citizenship
- if mother is Austrian citizen at time of child's birth
- by legitimation if child is still a minor and unmarried at the time of his/her parents' marriage and the father is an Austrian citizen at this time
- if father is Austrian citizen and the parents acknowledged paternity (declaration of paternity) within 8 weeks after birth.
Acquisition by marriage - Austrian Citizenship and the Austrian Citizenship Act
The foreign spouse can (renouncing present citizenship is required) obtain Austrian citizenship by the following conditions:
- At least six years of legal and uninterrupted residence („Aufenthalt”) in Austria
- Intact marriage for five years
- Sharing the same household
Granting Citizenship - Only when it is in the special interest of the Republic of Austria
Paragraph 6 of Section 10 of the Citizenship Act is formulated as a constitutional provision and assumes a special position. Per the cited paragraph, the above-mentioned requirements of paragraphs 1 (1) and (7) as well as paragraph 3 cease to apply if the federal government confirms that it is in the special interest of the Republic to grant citizenship to an alien due to extraordinary services previously rendered by him or her as well as those that can be expected from him or her in future.
This conferment under the Citizenship Act thus enables the Republic of Austria to naturalize citizens if it is in the overall interest of the State of Austria. Here, extraordinary services are those that cannot be provided by any other person of the same level of education and training. What is meant are achievements that can only be described as far above average. It is no accident that this conferment is often used by well-known athletes, artists, researchers or business people.
Section 10, paragraph 7 standardizes a further statutory authorization for the federal government. At the proposal of the Federal Minister of the Interior, this may lay down more detailed provisions on the formal procedure for obtaining confirmation from the federal government in procedures for granting citizenship in accordance with paragraph 6. The arrangement of such authorization is, above all, intended to take into account the principle of the rule of law and make it possible to better understand the overall decision-making process of the award procedure. The federal government has made use of this ordinance, which has been in force since March 1, 2014.
Dual Citizenship - An Exception in Austria
One of the basic principles of Austrian citizenship law is the avoidance of multiple nationalities. Dual citizenship exists if one person is simultaneously an Austrian citizen and a citizen of another State. The cited principle of avoiding dual citizenships is broken in exceptional cases.
Thus, in Austria it is the case that a person who voluntarily acquires foreign citizenship automatically loses their Austrian citizenship. In order not to lose Austrian citizenship, permission to retain it must be requested in writing before acquiring foreign citizenship and be approved by written decision.
Austrian citizenship can then be retained by way of exception if:
- It is in the interest of the Republic of Austria, or
- It is justified on the basis of extenuating circumstances in the applicant’s private and family life and Austrian citizenship was acquired at birth, or
- In the case of minors, it is in the best interest of the child
The relevant provision in Section 28 of the Citizenship Act lists the reasons for authorizing the retention of citizenship in the event a person acquires a foreign nationality. If the conditions set out in Section 28 of the Citizenship Act are met, the relevant authority must authorize such retention. This means that the applicant is even legally entitled to such approval if the conditions are met. If they are, approval must be granted and is not at the discretion of the authority. However, since the authorities have a relatively wide range of discretion in assessing whether the requirements under Section 28 of the Citizenship Act have been met, it is important to pay close attention to the wording of the application and the reasons given, and it is recommended that a specialized lawyer be engaged to handle the matter.