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MILITARY

Do dual citizens need to complete Austria’s mandatory military service?

Not only those born with an Austrian passport need to complete military service. If you're a dual citizen or if you are naturalised as an Austrian, here's what you need to know.

The military honor guard of the Austrian Armed Forces. Photo: ALEX HALADA / AFP
(Photo: ALEX HALADA / AFP)

Austria is known for its military neutrality: since the 1950s, the country can’t join a military alliance, allow the establishment of foreign military bases within its borders or participate in a war. 

Austria might be military neutral, but it still has conscription, as military service is mandatory for some of its citizens – namely all men over the age of 18.

The Wehrpflicht, or military obligation, lasts until they turn 50, in special cases, until their 65th birthday.

Austrian men can complete either mandatory military service or civil service. More information about that is available at the following link. 

EXPLAINED: How does Austria’s mandatory military service work?

Do dual nationals need to do military or civil service?

For dual or multiple citizenship Austrians, the obligation to participate in military service is subject to a series of agreements. 

Most of them are made to avoid people having to perform military service in several states, so, in general, young men might need to participate in mandatory service in the country where they are residents.

Here is a list of the current agreements Austria is a signatory of.

Austrian citizens who perform mandatory military service in another country where they are residents and citizens will not lose their Austrian citizenship.

However, if they go on voluntary military service for another country, they will lose Austrian citizenship.

In the case of mandatory military service abroad, an exemption from the obligation of service in Austria is possible. Still, an examination is carried out in individual cases.

This might also exempt naturalised citizens who have served abroad from service in Austria after they become Austrian citizens. 

In general, basic military service is mandatory until the 35th birthday.

That means that if an Austrian who lived abroad moves to the country before that date or a man naturalised Austrian before he is 35 years old, they will likely need to do the six-month military service or the nine-month civil service if they are eligible and do not acquire an exemption.

If you are an Austrian citizen who lives abroad and is subject to the military obligation, you need to register with the local Austrian representative authority, embassy or consulate.

In general, there is no service or evaluation for non-residents, but if the person later moves to Austria, he must report to the military command responsible for his place of residence within three weeks. 

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For members

RENTING

Can I get out of a rental contract in Austria?

Have you viewed an apartment in Vienna o elsewhere in Austria and hastily signed a contract? Don't you like the apartment after all? These are your withdrawal rights in Austria.

Can I get out of a rental contract in Austria?

In Austria, the rental market is highly competitive, with apartments often staying on rental platforms for short periods due to high demand and limited supply. This, coupled with brief apartment visits (sometimes with other prospective tenants) and the pressure to secure a place, can lead to hasty contract signings. 

Understanding your withdrawal rights is essential in such a market.

READ ALSO: Renting in Austria – The key things foreign residents need to know

If you signed a rental contract and then realised you don’t want the place, you might feel stuck in your contract. Austria does have really strict rules on contracts, so that “anyone who signs a rental offer makes a binding declaration that they wish to rent the apartment at a certain rate”, Austria’s Tenants Association says.

The real estate agent will also remind you that you cannot leave your contract, as you signed a contractual agreement (“verbindliches Angebot“, which means a binding offer). But what exactly are your rights then?

It’s all about timing

Basically it’s very tricky and almost impossible to back out after signing a rental contact in Austria.

According to Austria’s Chamber of Labour (AK), Austrian law is on your side – but only in a particular case. 

Under a consumer law that applies to all types of contracts, including rental agreements, you are protected against potential pressure from real estate agents and property owners. If you view an apartment and sign an agreement on the same day, you have the right to withdraw from the contract within the week. Furthermore, if the estate agent fails to inform you of your right to cancel, you can withdraw from the contract within one month.

READ ALSO: Shopping in Austria – What are your consumer rights when purchasing goods?

The Tenants Association is more critical and explains that withdrawal is only possible within the “narrow” limits of the Consumer Protection Act. “If you as a consumer submit your contractual declaration on the same day that you viewed the apartment for the first time, you can withdraw from your contractual declaration in writing within one week.”

If the offer was not signed on the day of the very first viewing, though, there is no right of withdrawal in Austria.

READ ALSO: Tenant or landlord – Who pays which costs in Austria?

If you have the right to do so, the most effective way to withdraw from a rental contract is to do it in writing, preferably by a registered letter, as explained by the Austrian Chamber of Labour (AK). This not only provides a clear record of your intent but also empowers you to navigate the legal aspects of the process with confidence. 

If you signed the offer after the viewing, you don’t have the right to withdraw from the contract you signed. In that case, you could ask for a mutual agreement termination, seeking an amicable termination option with the landlord. Otherwise, you’d be bound by the contract, which in Austria usually means you’d have to stay for one year in the apartment and give three months’ notice before leaving.

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