Retention of Austrian Citizenship: What Austrians who want to acquire another citizenship need to know

If you are an Austrian citizen considering acquiring another nationality, it is essential to understand Austria’s strict dual citizenship rules. Without prior permission, the acquisition of a foreign nationality will lead to the automatic loss of your Austrian citizenship.

An application for Retention of Austrian Citizenship (Beibehaltung der österreichischen Staatsbürgerschaft) has to be approved in advance to ensures you can retain your Austrian citizenship while acquiring another citizenship.

Austria’s Dual Citizenship Policy

Austria generally prohibits dual citizenship, except in special cases.

If you voluntarily obtain foreign citizenship without first securing permission to retain your Austrian citizenship, you will automatically lose it, even if you were not aware of this legal consequence.

You can, however, apply for retention of Austrian citizenship, before you acquire a foreign citizenship.

Requirements to retain Austrian Citizenship

An application for retention of Austrian citizenship in case of acquisition of a foreign citizenship can be successful:

• if the retention of Austrian citizenship is in the interest of the Republic of Austria due to actual and expected achievements by the citizen (e.g. scientific or sporting achievements) or for another reason particularly worth of consideration; or

• if there are reasons particularly worth of consideration in the private or family life of the applicant (i.e. if extreme and concrete impairments are to be expected in case of losing Austrian citizenship or in case the foreign citizenship is not acquired); or

• for minors: if it is in the best interest of the child to retain Austrian citizenship.

On the Procedure "In the Interest of the Republic of Austria"

Already rendered and anticipated achievements (e.g., in scientific, economic, artistic, or athletic fields) must go beyond those of other individuals with similar educational or professional backgrounds and, in addition, not only be in the interest of the applicant but also serve the interests of the Republic of Austria.

If another reason particularly worth of consideration in the interest of the Republic of Austria is claimed, the application must explicitly demonstrate a connection to the Republic of Austria.

Whether Austria's interest in retaining citizenship exists is evaluated on a case-by-case basis, some authorities even ask the competent Ministry for an assessment before they take their decision.

On the procedure for individuals who have a reasons particularly worth of consideration in the private or family life

Such compelling reasons are deemed to exist if the loss of Austrian citizenship and/or the non-acquisition of foreign citizenship would result in extreme impairments (e.g. economic or professional) to private and family life. These concerns or situations must already be concrete. Hypothetical issues or scenarios that might arise in the future cannot be used as justification for approval. Hence, the timing of submitting an application for retention of Austrian citizenship is crucial.

Justifications such as emotional and familial ties to Austria or the current country of residence, the desire to exercise voting rights in the host country, or difficulties in obtaining lawful residency or labor market status abroad are not sufficient for an application to retain Austrian citizenship under the legal provisions. Circumstances that go beyond these factors must be presented.

The justification for the application must therefore detail the specific circumstances exceeding the normal scope that are expected to result in such impairments. These circumstances must be viewed in connection with the current and future family, personal, and professional situation.

How to Apply for Retention of Austrian Citizenship

The application process involves the following steps:

1. Drafting a justification: A clear and compelling explanation of why retaining Austrian citizenship is essential, is required.

2. Providing documentation: A number of personal documents as well as documents supporting the line of argumentation have to be submitted along with the application.

3. Filing the application: Submit your request to the competent Austrian citizenship authority.

4. Acquisition of the foreign citizenship within 2 years: In case of approval, you should start your application process to acquire the foreign citizenship as soon as possible. You have to acquire the other citizenship within 2 years as of the notification of the approval of the application for retention of Austrian citizenship.

Costs of retaining Austrian Citizenship

Depending on the Federal State in which the competent citizenship authority is located, government fees vary. For example, in Salzburg, government fees for the approval of a retention of citizenship application amount to approximately EUR 1,200 while government fees for approvals in Vienna amount to approximately EUR 200.

In addition to that, fees for legalization of foreign documents (e.g. for apostilles on US documents) and sometimes also for translations of documents have to be taken into account.

Why work with an Austrian Citizenship Lawyer if you want to apply for retention of Austrian citizenship?

Navigating the legal requirements for retaining Austrian citizenship can be complex. According to legislative materials and relevant Supreme Court rulings, a strict standard is applied when evaluating the requirements for retention of Austrian citizenship.

It is estimated that on average only around 55-60% of applications for retention of Austrian citizenship are approved. In some Federal States of Austria, only 20-30% of the submitted applications are approved on average.

Therefore, hiring an Austrian lawyer specializing in citizenship law is recommended to increase chances of success and to avoid costs for proceedings that have no or low chances of success from the beginning.

As an experienced Austrian citizenship attorney in Austria, I offer:

• Preliminary examination of your case: Discussing your chances of success and deciding if an application at this point of time makes sense. Based on the circumstances of the case, I will only recommend to submit an application for retention of Austrian citizenship if I see realistic chances to get it approved.

• Strategic preparation: Ensuring all necessary documents and evidence are in order.

• Tailored support: Drafting a persuasive application that aligns with legal requirements.

• Ongoing guidance: Handling communication with the Austrian authority and addressing challenges promptly.

  
  

With my expertise, you can maximize your chances of a successful application for retention of Austrian citizenship while avoiding unnecessary stress or delays.

As a dedicated Austrian citizenship lawyer based in Vienna, I am committed to protecting your rights and providing the highest standard of legal service.

Contact me today for a consultation, and take the first step toward securing your Austrian citizenship for the future.

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