Dual citizenship in Austria - Can I have two passports?
Dual citizenship in Austria - Can I have two passports?
You want to apply for Austrian citizenship, but already have another one?
You have Austrian citizenship and want to take on a foreign citizenship without giving up your Austrian citizenship?
How does dual citizenship work in Austria?
Can I have two different passports?
In many countries around the world it is quite normal for citizens to have two different citizenships, but what is it like in Austria? Is it just as easy? What do you have to pay attention to?
2 different citizenships?
The state of Austria doesn't allow dual citizenships.
So if you apply for Austrian citizenship, the state of Austria expects you to renounce the original citizenship.
Likewise, if you apply for foreign citizenship, you basically lose your Austrian citizenship.
BUT
there are exceptions.
1st Exception: Dual citizenship by descent
If you receive the Austrian and a foreign citizenship through your parents' ancestry, you can keep both. When the child turns 18, he or she does not have to actively choose the Austrian citizenship in order to keep it. For the second foreign citizenship, the regulations of the respective country apply.
2nd Exception: Retaining Austrian citizenship when applying for foreign citizenship
If you want to keep your Austrian citizenship, you must submit an application to the Austrian authorities BEFORE
you apply for foreign citizenship. This application must also be approved in writing.
The retention of the Austrian citizenship will be granted ...
1. ... due to services already rendered and still to be expected services (sports, film, etc.) or for a particularly important reason in the interest of the Republic of Austria.
or
2. ... if it is justified by a reason
in the applicant's private and family life that is particularly worthy of consideration.
or
3. ... in the case of minors, if it is beneficial to the childs' welfare.
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What is a reason in the applicant's private and family life that is particularly worthy of consideration?
In principle, personal reasons worthy of consideration can be understood as anything that, in the opinion of the authorities, has sufficient weight to be considered in your favour.
These include, for example, special family obligations such as caring responsibilities, a double household, professional circumstances
that would make dual citizenship advantageous, reasons for exceptions in land transactions
(e.g. to be able to own property abroad), disadvantages under inheritance law
or disadvantages in terms of funding for artists.
It is generally advisable to discuss these circumstances with a lawyer
before making any statements to the MA35.
When do I have to apply to retain my Austrian citizenship?
Before you apply for a foreign citizenship!
Important:
If your application to retain Austrian citizenship has not been approved in writing BEFORE you apply for or accept a foreign citizenship, you will automatically
lose your Austrian citizenship.
In the worst case scenario, this can lead to statelessness, which would mean that you would then have no citizenship. This brings with it a whole new set of problems.
3rd Exception: Granting of Austrian citizenship
In principle, if you apply for Austrian citizenship as a foreigner, you are expected to renounce your original citizenship.
If the law of your previous home country does not provide for an automatic loss of citizenship, you will be granted Austrian citizenship. From this point on, you have two years to renounce your original citizenship and provide proof of this to the authorities. As soon as this has happened, you will be granted the Austrian citizenship.
Exceptions are provided for:
1. Renunciation of citizenship is not possible or reasonable
(e.g. war in the home country).
2. Due to services already rendered and/or still to be provided extraordinary achievements
in the special interest of the Republic of Austria.
Will Austria’s attitude towards dual citizenship change?
In principle, this is always a difficult question to answer, but there is little evidence to suggest that this rule will change in the near future.
In 2021, a study was commissioned in which Austrians were asked whether the state of Austria should change the current dual citizenship regulations.
61% of Austrians voted no.
Only 29% voted yes.
The Austrian population also sees no need for change here.
Here is the link to the study:
Survey on dual citizenship
Dictionary: What does ... actually mean?
Statelessness:
A person is considered stateless if he or she does not have the citizenship of a state under national law.
The concept of statelessness is defined in the Convention relating to the Status of Stateless Persons of 1954: According to this, a person is considered stateless if no State considers him or her to be a national under its law.
As a result, such people have no freedom to travel, cannot claim social benefits and find themselves in a kind of legal limbo.
Application for retention:
An application to retain Austrian citizenship must be made before applying for foreign citizenship. Here you must state why the authorities should grant an exception and grant you dual citizenship.
You can find more information on this link:
Why do I need a lawyer?
What advantages does hiring a lawyer entail?
As you can read in this article, there is a lot to consider. In addition, depending on the case, there are very specific details that the Austrian authorities require. In this case, it definitely pays to have experts on your side.
Dr. Klammer has a lot of experience with the process of obtaining Austrian citizenship and dual citizenship. With the help of his expertise and that of his team, you will quickly notice that the whole process will not only be much easier but also much faster.
Due to many applications etc. there are often very long waiting times for citizenship applications but with our help the whole process is accelerated considerably: Read our latest success stories here: Accelerate citizenship applications.
Dr. Klammer can help you with all your concerns on this topic
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you are welcome to contact us and describe your situation to us. Dr. Klammer and his team will examine the matter and get back to you about the next steps.
If you would like to speak to us personally, we would be happy to offer you an initial consultation at our usual rate (EUR 180), during which we will provide you with professional information about the options for up to an hour and will also be happy to lay the foundation for representation in any legal proceedings arising from this matter.
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