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AUSTRIAN CITIZENSHIP

Why is Vienna pushing hard for the easing of citizenship rules?

Authorities in the Austrian capital Vienna are campaigning hard for the federal government to change the bureaucratic process of naturalisation.

Why is Vienna pushing hard for the easing of citizenship rules?
Austrian citizenship usually requires a ten-year mandatory residence period - but there are ways to shorten that. Photo by Ante Hamersmit on Unsplash

The Vienna authorities and the city’s so-called Integration Council have recently strongly criticised the existing restrictive citizenship law, arguing that it creates a “democratic deficit” by excluding over one-third of Vienna’s resident population from the right to vote. In a press statement, they have called for reforms to address this issue.

While the citizenship law is under federal jurisdiction and cannot be changed by individual provinces, regional authorities can still exert pressure for reforms. Vienna has advocated for law changes for several years, especially as the city’s immigrant population continues to grow.

Naturalisation as an integration tool

The latest proposal from the Vienna Integration Council, led by Deputy Mayor Christoph Wiederkehr of the Neos party, suggested granting automatic citizenship to children born in Austria if one parent has legally resided in the country for five years.

According to the Integration Council, Vienna has experienced a significant decline in the naturalisation rate compared to other European countries, despite the population growth resulting from immigration. The current requirements for Austrian naturalisation include ten years of legal and uninterrupted residence, as well as proof of sufficient financial means and a secure livelihood.

READ ALSO: Reader question: Does Austria allow me to have multiple citizenships?

The Integration Council called for reducing the length of required residence, lowering income thresholds, and allowing dual citizenship. They also emphasised the need for increased resources for the Department of Immigration and Citizenship (MA 35) in Vienna to streamline and enhance the efficiency and transparency of the naturalisation process.

Additionally, the council highlighted the challenges the current citizenship law poses to the integration process. Gerd Valchars, a member of the Integration Council and a political scientist, said that naturalisation is vital in facilitating social integration, leading to higher incomes, lower unemployment rates, improved housing conditions, and better educational opportunities for children.

austria passport

Austria has strict rules on citizenship, but a powerful passport. (© Amanda Previdelli / The Local)

‘Democratic deficit’

It’s not the first time Vienna has mentioned an “increasing democratic deficit” in Austrian society. 

Already in its Integration Monitor 2020, the SPÖ-led administration said: “A democracy thrives on the participation of the largest possible number of people subject to the laws that are passed.

“But if people are not allowed to vote because of their citizenship or do not (any longer) make use of their right to vote (as it happens especially often with disadvantaged population groups1), this leads to the fact that their interests are no longer represented in parliament, state parliament, the municipal council or district council. This is a massive democratic deficit that has been growing in recent years due to increasing mobility and immigration.”

“The situation is exacerbated by the very restrictive naturalisation law in force in Austria, as described above. Not only does the representativeness and, thus, legitimacy of democracy suffer from this situation, but it also leads to an integration policy problem. This is because people who are not allowed to participate in decision-making may develop less interest in political processes and the development of the society in which they live”, it added.

BACKGROUND: What are Austria’s Social Democratic Party’s plans to ease citizenship rules?

The City has called for easing citizenship rules for almost 20 years, requesting that political participation rights be linked to residents after a certain stay.

In 2003, Stadt Wien introduced voting rights for third-country nationals at the district level, with prerequisites such as five years of legal residence and main residence in Vienna. However, this regulation was overturned by the Constitutional Court in 2004 because Austrian federal constitutional law only recognises a uniform right to vote at all levels of the federal state linked to Austrian citizenship.

READ ALSO: ANALYSIS: Could Austria ever change the rules to allow dual citizenship?

Who is prevented from voting in Vienna and Austria?

At the beginning of 2022, 31.5 percent of the population of voting age 16 and older were not allowed to vote in elections at the federal, provincial and municipal levels, according to Stadt Wien data.

According to the latest information, 14.18 percent of Viennese citizens of voting age are citizens of other EU member states and, therefore, eligible to vote at least at the district level.

However, 17.26 percent of Viennese citizens of voting age have the citizenship of a third country and are therefore not allowed to vote at any level.

In some districts, the proportions of people without voting rights are much higher. In Rudolfsheim-Fünfhaus, 42.4 percent of the population of voting age do not have the right to vote. In no other district is the proportion of Viennese who are allowed to participate in democratic processes lower. In contrast, in Hietzing, “only” 20.8 percent are excluded from democratic participation.

READ ALSO: Austrian presidential elections: Why 1.4 million people can’t vote

Young people with foreign citizenship are particularly affected by the exclusion from the right to vote: 41.4 percent of Viennese citizens between the ages of 16 and 44 do not have Austrian citizenship.

In Austria, the latest Statistik Austria data shows that 19 percent of all people residing in the country are not Austrian nationals – and, therefore, would not have the right to vote. The number has increased considerably since January 1st 2022, when 17.7 percent of the population had foreign citizenship. This considers people of all ages, and not only those of voting age (16 or above).

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VIENNA

How do I lower my rent if I pay too much in Vienna?

If you live in an older building, a so called "Altbau", the price per square meter is regulated. If you are paying too much rent, there are ways to lower it and claim your money back.

How do I lower my rent if I pay too much in Vienna?

Vienna is known for offering its residents affordable rents. However, if you live in one of the older apartments in Vienna (Altbau), you should know that there is a limit on how much rent can be charged per square meter.

Some landlords rent out their flats more expensively than they are actually allowed to. The City of Vienna’s rent calculator can help you determine if you are paying too much.

If you believe that your rent is too high, there are three different options on how to bring it down and also get the money back from the time when you paid too much.

Hire a company to take on your case

In Vienna, several companies, known as Prozessfinanzierer in German, will take on your case individually and try to reduce your rent. This could not only result in a lower rent for the future but also in you receiving a refund for the period you overpaid. It is even possible to pursue this after you leave your apartment. 

However, the City of Vienna has warned against using these services. If you are successful, the companies could claim a great portion of the refunded money, ranging from 30 percent to even half. MeinBezirk also reported occasions when employees of these companies have gone door to door, pretending to be city officials to secure contracts with excessively high commission payments.

Tenant protection organisations argue, as cited in Der Standard, that the companies may prioritise their profits over the best interests of tenants, negatively impacting tenant-landlord relationships.

However, these companies typically operate on a ‘no win-no fee’ basis, which means that you do not have to pay anything if the reduction attempt is unsuccessful. 

READ MORE: Gemeindebau: How do you qualify for a social housing flat in Vienna?

Get help from the Mietervereinigung

Another option is to get help from the Mietervereinigung. This is a tenants’ association that supports tenants’ rights and interests. A yearly membership costs around €69 in Vienna (it also operates in Austria’s other federal states).

Once you are a member, you can go to them for help. They will assist you with claiming back your rent if you have been overpaying, and can also help with rental problems such as mould, contracts, painting, disputes with landlords and housing standards. 

The association also offer education and information to help you understand your rights and responsibilities under landlord-tenant laws. This includes workshops and seminars about topics related to housing rights and regulations.

The association is also known for publishing guides, brochures, and online resources with practical tips for dealing with common rental issues.

The Mietervereinigung offers services and guidance for its members over the phone, online or through meetings in person. 

Altbau in Alsegrund, district 9 in Vienna. Photo by Melloo on Unsplash

Do it yourself

The third option you have as a tenant is to go to the arbitration board yourself.

The arbitration board is an independent entity established to help resolve conflicts between tenants and landlords outside of the court system. However, this can sometimes be complicated.

You often need certain legal expertise to be successful and the process can be complex and time consuming.

READ NEXT: How does urban gardening work in Vienna?

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