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AUSTRIAN CITIZENSHIP

Does Austria allow me to have multiple citizenships?

The issue of multiple citizenships in Austria is complex, with many myths surrounding the subject.

Does Austria allow me to have multiple citizenships?

Austrian citizenship regulations are based on the principle of “jus sanguinis” (right of blood), meaning that individuals can acquire citizenship through their descent or family connections. 

The laws are different for those acquiring citizenship through a naturalisation proceeding, as the process typically involves meeting specific criteria, including residency requirements, language proficiency, and passing a citizenship examination. 

READ ALSO: How foreigners in Austria can get fast track citizenship

However, one common question regarding Austrian citizenship is whether the country allows dual or multiple citizenships. A common myth is that children who are born to an Austrian and a foreign parent will have to choose between the nationalities once they turn 18.

This misconception comes from the very strict laws Austria has on naturalisation. According to the federal government, “Austrian citizenship law does not permit dual or multiple citizenship”. However, this information is for Austrian citizens who voluntarily acquire foreign citizenship or foreign citizens who naturalise Austrians. 

READ ALSO: The seven common mistakes to avoid when applying for Austrian citizenship

In the first case, the Austrian citizen will generally lose their Austrian citizenship, while in the second case, the foreign citizen is asked to give up their previous nationality in order to become Austria.

The government is clear on an “important exception to this principle”, the acquisition of citizenship by descent. Here’s the specific information from another official government site:

“If, in the case of parents of different nationalities (Austrian and another), the principle of descent also applies in the country of origin of the foreign parent, the child is a dual citizen. According to Austrian law, the child does not have to decide on nationality when they reach the age of majority – however, it may be that the other state requires a decision,” the website states.

The child can keep their nationality acquired at birth as long as the other states allow it. So, for example, if the mother is Austrian and the father is Serbo-Croatian, the child holds three nationalities and can keep all of them throughout their entire life. 

READ ALSO: ‘Citizenship is problem child’: How Vienna’s immigration office MA35 is changing

How can someone lose Austrian citizenship?

Austrian citizenship is not automatically granted for life, and there are circumstances in which an individual may lose it. Here are some situations in which someone may lose Austrian citizenship:

  • Acquisition of foreign nationality: If a person deliberately acquires the nationality of another country without applying for and being granted retention of Austrian citizenship, they may lose their Austrian citizenship.
  • Voluntary military service in a foreign state: Engaging in military service voluntarily for a foreign country can result in the loss of Austrian citizenship.
  • Harming the interests or reputation of the Republic of Austria: If an individual’s actions are deemed detrimental to the interests or reputation of Austria, it may lead to the loss of Austrian citizenship.
  • Failure to renounce previous citizenship: When someone obtains Austrian citizenship but fails to give up their previous one within two years, they may lose their Austrian citizenship.

READ ALSO: Could Austria change the rules around dual citizenship?

It’s important to note that the specific conditions and procedures for losing Austrian citizenship may vary, and individuals should consult the relevant Austrian laws and authorities for precise information in their particular situation.

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TRAVEL NEWS

What will Europe’s EES passport checks mean for dual nationals?

The EU's Entry & Exit System (EES) of enhanced passport checks will usher in big changes for travellers - here we answer readers' questions on the position for dual nationals.

What will Europe's EES passport checks mean for dual nationals?

The EU is preparing, after many delays, to introduce the EES system for travel in and out of Europe.

You can find a full explanation of how it works HERE, but in essence it is an enhanced passport check – registering biometric details such as fingerprints and facial scans and introducing an automatic calculation of how long you have stayed within the EU/Schengen zone in order to detect ‘over-stayers’.

And it’s already causing stress for travellers. We asked readers of The Local to share their questions here – and one of the biggest worries was how the system will work for dual nationals ie people who have a passport for both an EU country and a non-EU country.

EES: Your questions answered

EU passports 

One of the main purposes of EES is to detect ‘over-stayers’ – people who have either stayed in the EU longer than their visa allows or non-EU nationals who have over-stayed their allowance of 90 days in every 180.

As this does not apply to EU nationals, people travelling on an EU passport are not required to do EES pre-registration and will continue to travel in the same way once EES is introduced – going to the ‘EU passports queue’ at airports, ports and stations and having their passports scanned as normal.

Non-EU 

Non-EU travellers will, once EES is up and running, be required to complete EES pre-registration.

This means that the first time they cross an EU/Schengen zone external border they will have to go to a special zone of the airport/port/terminal and supply extra passport information including fingerprints and a facial scan.

This only needs to be done once and then lasts for three years.

Non-EU residents of the EU/Schengen zone

This does not apply to non-EU citizens who are permanent residents of an EU country or who have a long-stay visa for an EU/Schengen zone country – click HERE for full details.

Schengen zone passports/Irish passports 

EES applies within the Schengen zone, so people with Swiss, Norwegian and Icelandic passports are treated in the same way as citizens of EU countries.

Ireland and Cyprus are in the EU but not the Schengen zone – these countries will not be using the EES system at their borders, but their citizens are still EU citizens so can continue to use EU passport gates at airports and will be treated the same as all other EU citizens (ie they don’t have to do EES pre-registration).

OK, so what if you have both an EU and a non-EU passport?

They key thing to remember about EES is that it doesn’t actually change any of the rules on immigration – it’s just a way of better enforcing the rules that are already in place. 

Therefore the rules for dual nationals remain as they are – for most people which passport to travel on is a matter of personal choice, although Americans should be aware that if you have a US passport and you are entering the USA, you must use your American passport. 

But it’s also important to remember that the passports of dual nationals are not ‘linked’ – therefore if you present an American passport at the Italian border, you will be treated exactly the same as every other American, there is no way for the border guard to know that you are also Italian.

Likewise if you are a UK-Germany dual national and you travel back to the UK on your German passport, you can expect to be treated the same as every other German at the border, and might be asked for proof of where you are staying in UK, how long you intend to stay etc – the system has no way of knowing that you are also British. 

Therefore whether you have to complete EES pre-registration or not is entirely a matter of which passport you are travelling on – if you use your EU passport you won’t have to do it, if you use your non-EU passport you will.

It’s also possible to use two passports for the same trip – so let’s say you’re travelling from Spain to Canada – you enter Canada on your Canadian passport, and show your Canadian passport again when you leave. However, once you re-enter Spain you show your Spanish passport in order to benefit from the unlimited length of stay.

If you’re travelling between France and the UK via the Eurostar, Channel Tunnel or cross-Channel ferry, you need to remember that the Le Touquet agreement means that French passport checks take place in the UK and vice versa. You can still use both passports, but you just need to keep your wits about you and remember to hand the French one to the French border guards and the British one to British guards.

In terms of avoiding immigration formalities using two passports is the most efficient way for dual nationals to travel, but some people prefer to stick to one passport for simplicity, or don’t want to keep both passports together in case of theft.

Basically it’s a personal choice, but you just need to remember that you will be treated according to the passport that you show – which includes completing EES pre-registration if you’re showing a non-EU passport.

It’s also worth remembering that if the changes do cause border delays (and there are fears that they might especially at the UK-France border), then these will affect all travellers – regardless of their passport. 

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