Legal blog by Mag. Osai Amiri, Msc

Retention of Austrian citizenship in the event of acquiring a foreign nationality

Austrian citizenship is automatically revoked as soon as a foreign nationality is acquired. Under certain circumstances, however, it is possible to retain Austrian citizenship even though the aim is to acquire a foreign citizenship.

Basic requirements for retaining Austrian citizenship.

But what are the requirements that citizens must fulfill in order not to automatically lose their Austrian citizenship when acquiring a foreign citizenship? One of the following basic requirements must first be met in order to retain citizenship:
 
  • In the case of under-age person, retention is in the best interests of the child or
  • the retention is in the interest of the Republic due to actual or expected to be made achievements by the citizen (e.g. scientific, sporting, financial achievements) or
  • there are reasons particularly deserving of consideration in private or family life and the applicant has acquired Austrian citizenship by descent (e.g. a significant professional disadvantage to be expected).
 
For example, the Federal Administrative Court found an impairment of private or family life in a case involving an Austrian citizen who also wanted to acquire US citizenship because he had a rare genetic disease and was therefore dependent on the care of his US wife, who lived in the United States.

Furthermore, the Federal Administrative Court ruled that there is an impairment of private or family life if an Austrian citizen runs the risk of losing their residence permit for the United States due to a longer stay in Austria and would consequently have considerable difficulties returning to or staying with their family in the United States. However, such stays must not only be occasional, but must occur with a certain regularity.

The loss of political voting rights in Austria, on the other hand, does not lead to any impairment of private or family life. Neither does the desire to "raise one's children internationally" or the desire to overcome the formalities to obtain a legal residence and employment status.

Zusätzliche Voraussetzungen für die Beibehaltung der österreichischen Staatsbürgerschaft.

  • No conviction for an intentional criminal offense or a financial offense in and outside Austria.
  • No ongoing criminal proceedings.
  • No frequent or serious administrative offenses (e.g. drunk driving).
  • Affirmative attitude towards the Austrian Republic and no danger to public peace, order and security.
  • Consent to dual citizenship of the country whose citizenship is to be acquired.

Application procedure and deadline for acquiring foreign citizenship.

The application for the retention of Austrian citizenship must be made in writing and prior to the acquisition of the foreign citizenship. After receiving the notification of retention, the foreign citizenship must be acquired within two years. The application must state the reason why the citizen wants or needs to acquire foreign citizenship.

The application must be submitted to the Austrian embassy or consulate if the citizen is resident abroad and to the relevant office of the federal province if the citizen is resident in Austria.