SHARE
COPY LINK

TURKEY

Austria court gives hope to those caught in nationality row

An Austrian court gave hope to thousands of citizens of Turkish origin caught in a row over dual nationality Monday, handing down a favourable decision in a key test case.

Austria court gives hope to those caught in nationality row
The Turkish embassy in Vienna. Photo: AFP

The Constitutional Court upheld the appeal of a man threatened with the loss of his Austrian nationality because he appeared on a purported list of Turkish voters in Austria.

The ruling questioned the authenticity of the list and criticised the way officials had pursued cases against the people named.

The list was leaked by the far-right Freedom Party (FPÖ) last year, when they were still in opposition.

The authorities used it to open investigations into whether those who appeared on it had dual nationality, which Austria only allows in rare cases.

However, in its decision the Constitutional Court found that the list was “not suitable for use as evidence”, calling it “questionable” and “not authentic”.

The ruling also criticised how officials had expected those affected to prove that they had not taken up Turkish citizenship again.

“The burden of proof must not be simply be passed on to the person affected,” said the ruling.

That denied people the “constitutionally guaranteed right to equal treatment of all citizens before the law”, it said.

The FPÖ, part of the governing right-wing coalition since last December, has never explained how it obtained the list.

But in its response to Monday's ruling, it said it refused to accept that it was not genuine.

So far, 85 people nationwide have had their citizenship revoked.

The issue has become a major talking point in Austria's Turkish-origin community, with several of those affected insisting that their presence on the list must be a mistake.

Austria, like neighbouring Germany, invited thousands of Turkish citizens to come and work in the 1960s and 1970s, and many staying and putting down roots.

Turkish immigrants and their descendants now number around 270,000 out of the population of 8.7 million. 

For members

AUSTRIAN CITIZENSHIP

What documents should I get after obtaining Austrian citizenship?

Austrian citizens aren't legally required to be in possession of ID in Austria. But there's plenty of good reasons to apply for your passport if you do take citizenship.

What documents should I get after obtaining Austrian citizenship?

Although you don’t legally need to apply for Austrian ID or a passport once you become a citizen, if you’re going to go through the trouble of the country’s restrictive and tough citizenship process – especially by having to give up your previous passport in most cases, there’s plenty of good reasons to apply.

Here’s what to keep in mind once your Austrian citizenship application is successful.

EXPLAINED: When is dual citizenship allowed in Austria?

Your citizenship certificate

The first and most important document you’ll get proving your Austrian citizenship is your Staatsbürgerschaftsnachweis – or citizenship certificate. You’ll need this to apply for your Austrian ID card – or Personalausweis, as well as your Reisepass – or passport.

This document should come to you at the end of your citizenship application. If you lose it or need it again, you can apply for a new one at your local authority or responsible Austrian mission abroad for a cost €14.30 or €8.60 if you have ID Austria. Your state may collect an additional fee on top of this though.

When your citizenship application is successful, your local authority should automatically register your Austrian nationality – meaning you should be registered to vote right away in Austrian federal and state elections and be able to use the full offering of ID Austria – the country’s digital ID. If you’re not sure whether your local authority registered you properly though, you can always book a registration – or Anmeldung – appointment and bring your citizenship certificate with you.

Obviously at this point, you no longer need a residence permit. So if you have any appointments at immigration offices coming up, you can go ahead and cancel them.

READ ALSO: Five surprising Austrian citizenship rules you should know about

Why it’s a good idea to get an Austrian passport

Austria’s European Union (EU) membership and diplomatic engagement worldwide means the Alpine republic boasts one of the world’s most powerful passports.

Obviously, you can travel to and even move to and work in other EU countries using your Austrian passport – and never give up your ability to come back to Austria.

The Austrian passport is one of the most powerful in the world for travel. Photo by Weiqi Xiong on Unsplash

Austrian passport holders also enjoy visa-free travel to 148 countries worldwide and can obtain a visa on arrival in another 30. Twelve countries – including the US, Canada, Australia, and New Zealand – ask Austrian passport holders to fill out an electronic travel authorisation (eTA) online just a few days before travelling. Another 20 countries allow Austrians to apply online for a visa. Just 19 require you to head to a mission abroad beforehand to apply for a visa.

An Austrian passport – or ID card – will also highlight to border control that you are exempt from any restrictions or requirements when setting foot back on Austrian soil. It also gives you extra proof of your Austrian nationality beyond your citizenship certificate.

If you run into trouble abroad, you can also obviously access Austrian consular assistance. You can find a full database of Austrian missions abroad here.

Applying for an Austrian passport typically costs €75.90 for a standard option – although certain express options can be €100 or even €220 for a one-day rush delivery.

EXPLAINED: Who is eligible for a shorter wait for Austrian citizenship?

Your Austrian ID Card

This one is perhaps a good first step even before applying for your passport, as it’s a way to prove your identity and nationality within Austria and the EU, including for things like getting the government’s digital ID. If you start a new job, you may be asked for evidence of your right to work in Austria. Since only Austrian citizens can have an Austrian Personalausweis, showing your card automatically puts this question to rest for you and your respective employer.

Your Austrian passport would do all the same things, plus allow you to travel outside the EU’s Schengen zone. However, your Personalausweis has the obvious benefit of being able to easily fit into your wallet.

Getting one will cost you €61.50.

INTERVIEW: By becoming Austrian, I’ve reclaimed my family’s terrible story

SHOW COMMENTS