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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.

Published: 31 May 2023 16:39 CEST
Updated: 7 July 2023 13:50 CEST
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

How do the EU’s new EES passport checks affect the 90-day rule?

As European travellers prepare for the introduction of enhanced passport checks known as the Entry & Exit System (EES), many readers have asked us what this means for the '90-day rule' for non-EU citizens.

Published: 1 May 2024 07:18 CEST
How do the EU's new EES passport checks affect the 90-day rule?

From the start date to the situation for dual nationals and non-EU residents living in the EU, it’s fair to say that readers of The Local have a lot of questions about the EU’s new biometric passport check system known as EES.

You can find our full Q&A on how the new system will work HERE, or leave us your questions HERE.

And one of the most commonly-asked questions was what the new system changes with regards to the 90-day rule – the rule that allows citizens of certain non-EU countries (including the UK, USA, Canada, Australia and New Zealand) to spend up to 90 days in every 180 in the EU without needing a visa.

And the short answer is – nothing. The key thing to remember about EES is that it doesn’t actually change any rules on immigration, visas etc.

Therefore the 90-day rule continues as it is – but what EES does change is the enforcement of the rule.

90 days 

The 90-day rule applies to citizens of a select group of non-EU countries;

Albania, Andorra, Antigua and Barbuda, Argentina, Australia, Bahamas, Barbados, Bosnia and Herzegovina, Brazil, Brunei, Canada, Chile, Colombia, Costa Rica, Dominica, El Salvador, Georgia, Grenada, Guatemala, Honduras, Hong Kong, Israel, Japan, Kiribati, Kosovo, Macau, Malaysia, Marshall Islands, Mauritius, Mexico, Micronesia, Moldova, Monaco, Montenegro, New Zealand, Nicaragua, North Macedonia, Palau, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Serbia, Seychelles, Singapore, Solomon Islands, South Korea, Taiwan, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Vatican City and Venezuela.

Citizens of these countries can spend up to 90 days in every 180 within the EU or Schengen zone without needing a visa or residency permit.

People who are citizens of neither the EU/Schengen zone nor the above listed countries need a visa even for short trips into the EU – eg an Indian or Chinese tourist coming for a two-week holiday would require a visa. 

In total, beneficiaries of the 90-day rule can spend up to six months in the EU, but not all in one go. They must limit their visits so that in any 180-day (six month) period they have spent less than 90 days (three months) in the Bloc.

READ ALSO How does the 90-day rule work?

The 90 days are calculated according to a rolling calendar so that at any point in the year you must be able to count backwards to the last 180 days, and show that you have spent less than 90 of them in the EU/Schengen zone.

You can find full details on how to count your days HERE.

If you wish to spend more than 90 days at a time you will have to leave the EU and apply for a visa for a longer stay. Applications must be done from your home country, or via the consulate of your home country if you are living abroad.

Under EES 90-day rule beneficiaries will still be able to travel visa free (although ETIAS will introduce extra changes, more on that below).

EES does not change either the rule or how the days are calculated, but what it does change is the enforcement.

Enforcement

One of the stated aims of the new system is to tighten up enforcement of ‘over-stayers’ – that is people who have either overstayed the time allowed on their visa or over-stayed their visa-free 90 day period.

At present border officials keep track of your time within the Bloc via manually stamping passports with the date of each entry and exit to the Bloc. These stamps can then be examined and the days counted up to ensure that you have not over-stayed.

The system works up to a point – stamps are frequently not checked, sometimes border guards incorrectly stamp a passport or forget to stamp it as you leave the EU, and the stamps themselves are not always easy to read.

What EES does is computerise this, so that each time your passport is scanned as you enter or leave the EU/Schengen zone, the number of days you have spent in the Bloc is automatically tallied – and over-stayers will be flagged.

For people who stick to the limits the system should – if it works correctly – actually be better, as it will replace the sometimes haphazard manual stamping system.

But it will make it virtually impossible to over-stay your 90-day limit without being detected.

The penalties for overstaying remain as they are now – a fine, a warning or a ban on re-entering the EU for a specified period. The penalties are at the discretion of each EU member state and will vary depending on your personal circumstances (eg how long you over-stayed for and whether you were working or claiming benefits during that time).

ETIAS 

It’s worth mentioning ETIAS at this point, even though it is a completely separate system to EES, because it will have a bigger impact on travel for many people.

ETIAS is a different EU rule change, due to be introduced some time after EES has gone live (probably in 2025, but the timetable for ETIAS is still somewhat unclear).

It will have a big impact on beneficiaries of the 90-day rule, effectively ending the days of paperwork-free travel for them.

Under ETIAS, beneficiaries of the 90-rule will need to apply online for a visa waiver before they travel. Technically this is a visa waiver rather than a visa, but it still spells the end of an era when 90-day beneficiaries can travel without doing any kind of immigration paperwork.

If you have travelled to the US in recent years you will find the ETIAS system very similar to the ESTA visa waiver – you apply online in advance, fill in a form and answer some questions and are sent your visa waiver within a couple of days.

ETIAS will cost €7 (with an exemption for under 18s and over 70s) and will last for three years.

Find full details HERE. 

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