Path to Citizenship
The Path to Citizenship
You are tired of having to renew your residence permit every year and ask yourself when you can receive citizenship?
You have just gotten a child from an Austrian and now want to apply for the citizenship for your child?
Your Austrian citzenship was revoked by the authorities and now you want to get it back?
If you are facing a similar situation and are need of clear, concrete, and easy to understand information regarding the topic of citizenship, you have come to the right place.
Which possibilities exist for obtaining the Austrian citizenship?
Under Austrian law, a person can be naturlized by either:
1. Lineage
2. Bestowal
Citizenship upon birth exists when the father or mother are Austrian citizens, e.g. when the father files for paternity.
What are the requirements for citizeship through lineage?
-Children can receive citizenship upon birth, if the mother is an Austrian citizen.
-Children can receive citizenship upon birth if the mother and father are married and the father is Austrian citizen.
-If the parents are not married, the child can only receive citizenship upon birth if the father applied for paternity or it was legally determined within eight weeks upon birth
-Should the father have not done this, the child can submit an application for the awarding of Austrian citizenship..
Aside from an uninterruptedstay in Austria of at least six years, a secured income, German language skills on minimum B1 leval, and integrity of character are required for the awarding of Austrian citizenship.
Which requirements have to be met to receive citizenship through awarding?
-At least B1 German Certificate
-15 year uninterrupted stay in Austria with:
-Subsidiary protection
-10 year uninterrupted stay in Austria with:
-Asylum-Residence permit (Red-White-Red Card, Permanent Residence, etc)
-6 year uninterrupted stay in Austria with residence card:
-B2 German Certificate
-Birth in Austria-existing marriage with an Austria for more than five years
- three year voluntary service with an non-governmental organization
-Integrity of character-
-No legal convictions
-No pending criminal proceedings (both domestic and foreign)
-No severe administrative penalties with substantial unlawful content.
-Sufficient income
Proof of stable and regular personal income on average 36 months from the last six years before submission of the application, whereby the last six months before submission are also considered.
-Basic knowledge of the democratic order and the fundamental right derived thereof, as well as the history of Austria and the relevant federal province.
-Proof a written exam, if there is no exemption (i.e. German as mother tongue, underage, school attendance with passing grade in the subject "German"
-Affirmative attitude towards the Republic of Austria and safeguard that no threat to public order and security exists
-No existing residence ban and no pendigung expulsion proceeding
-No expulsion order
-No transfer decision from another EU State or Switzerland
-No expulsion order within the last 18 months
-No affinity to an extremist or terrorist group
-Principal forfeiture of the current citizeship
-Through the awarding of the citizenship the international relations of the Republic of Autria cannot be impaired substantially or damaged.
If I receive the Austrian citizenship, do I have to forfeit my old citizenship?
Yes. The Austrian law does not provide for dual citizenship, except for children up to the age of 18, from which you have to choose one, and in certain special cases.
You have two years to forfeit your previous citizenship after the authority made a positive decision concerning your application for the awarding of the Austrian citizenship.
Different documents, certificates are to be submitted with the application. The authority will inform you in writing about the exact requirements.
Which documents do I need to apply for the Austrian citizenship through bestowal?
The list is not complete as the authority can require further documents in certain cases.
-Certificate of good conduct from the country of origin
-Certificate of good conduct from Austria
-B1/B2 German language certificate (it cannot be older than one year upon submission of the application)
If you have family in Austria:
-Marriage certificate
-Birth certificates of the children
-Valid travel document(i.e.. passport)
-Birth certificate or similar document
-EU Passport photo
-Existing health insurance (Security data sheet)
-Lease agreement
-Rent payment slips -the authority will tell you how many for years-
-Sufficient financial means (Payslips, savings account, letter of guarantee, etc)
-the authority will tell you for what time period
-1870 KSV Auszug (Credit check)
-Confirmation of the district court about pending pledges
-Confirmation of tax office (clearance certificate)
Please note:
1. All documents in a foreign language have to submitted with a certified translation.
2. Certificates from the country of origin (marriage certificate, birth certificate, etc) need a stamp from the Austrian embassy). The authority will tell you for which documents specifically.
3. The income of the last six years, in addition to the last six months before submission is
significant for the decision.
Which documents do I need to apply for the Austrian citizenship through lineage?
-Birth certificate
-Meldezettel
-Marriage certificate of the parents
-Paternity/court decision
-Passport and citizenship paper of the Austrian mother
-Passport and citizenship paper of the Austrian father
Where can I submit the application?
The application for citizenship through lineage can be submitted at every marriage office, i.e. at the Austrian Embassy in the home country.
The application for the awarding of Austrian citizenship can be submitted at Immigration Officee (the MA35, Office of the provinical government), or at the Austrian Embassy abroad, i.e. in your country of origin.
After the application for the granting of Austrian citizenship, or by lineage, has been submitted, the authority has six months to decide.
How long does the immigration office have to decide on my application?
After the application for the granting of Austrian citizenship, or by lineage, has been submitted, the authority has six months to decide.
If you haven't received a decision after six months, there are several options. Please refer
The immigration office will review whether the requirements are met and will notify you about the conclusion of the case. If the application was rejected, you can lodge an appeal.
How does the procedure work?
In the case of an international application, the Austrian Embassy reviews your application and forwards it to the responsible immigration office (MA 35) in Austria. This reviews whether the requirements for the granting of citizenship are met.
If the conditions are met and the immigration office will decide in favor, it informs the Austrian embassy abroad, who then issues the proof of citizenship. You can then apply for a passport at the embassy.
If you have submitted the application in Austria, the immigration office will review whether the requirements for the granting of citizenship are met. If you complete the requirements and the procedure positively, the authority will issue you with proof of citizenship.
If you do not meet the requirements, the authority will issue a decision against which you can lodge a complaint within four weeks.
In the case of an application for Austrian citizenship by descent, the registry office will issue you a proof of citizenship upon receipt of all documents.
Why was my application rejected? Why was my Austrian citizenship revoked?
A negative decision can be issued for different reasons:
-Previous criminal priors not completely removed
-Violation against public order (too many parking citations in the last three years can also be a reason)
-The amount of financial means is insufficent
-Social money was received within the last three years
-The application was submitted too early, i.e. the applicant did not have the required years of residence.
Concerning withdrawal decisions:
-There are new criminal offences
-Violations´against public order
-Acquisition of different citizenship
-
The grounds for rejection are noted in your decision. Contact a lawyer to clarify them.
You can lodge an appeal within four weeks upon receipt of the decision.
Our recommendation: Schedule a consulation with the lawyer.
What are my next steps?
1. Contact the lawyer and schedule an appointment.
2. Receive legal counsel and discuss the next steps, including instruction whether it makes sense to obtain a quick decision.
a. If no application has been made
i. Clarify whether the requirements are met and then instruct the lawyer to submit the application
b. In case of a negative decision:
i. Instruct the lawyer to lodge an appeal.
c. If no notice has been issued:
i. Instruct the lawyer to contact the immigration office.
ii. Instruct the lawyer to inspect the file
iii. Instruct the lawyer to file a complaint due to delay.
Schedule an appointment right away
In short, a lawyer can also assist you, so that you are well-informed, legally protected at every stage of your proceeding, and can receive or get back your Austrian citizenship.
Call me at 0650 7283562 or write me at office@anwaltklammer.com
to schedule an appointment for EURO 150. At the appointment we can inform you about what the best approach in your case should be.
How do I get the Austrian citizenshipo? citizenship, Austrian child, awarding, documents, times
proceeding, procedure, When can I get the Austrian citizenship? Why was my application rejected? Requirements-citizenship, dual citizenship