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AUSTRIAN CITIZENSHIP

Why conservatives in Lower Austria want to tighten citizenship rules

Lower Austria’s ÖVP – or centre-right people’s party – is circulating a draft paper of measures to tighten up Austrian citizenship rules. The proposed measures include longer required residence periods for some, and an explicit acknowledgment of Israel's right to exist.

Why conservatives in Lower Austria want to tighten citizenship rules
The Lower Austria branch of the country's centre-right conservatives wants an explicit acknowledgement of Israel's right to exist to be required for taking Austrian citizenship. (Photo by HELMUT FOHRINGER / APA / AFP) / Austria OUT

What’s happening?

The regional branch of the ÖVP wants future citizenship applicants to have to wait at least 10 years before they can apply, and for there to be a zero tolerance provision in the nationality law against anti-Semitism.

There’s no guarantee what’s in the paper will become law and even if it does, some measures may be cut out or watered down. The ÖVP’s Lower Austria regional party cannot tighten Austrian citizenship rules by themselves. With citizenship being a federal competence, the national government would have to agree to it.

However, Chancellor Karl Nehammer’s ÖVP governs nationally in a coalition with the Greens, so the paper could end up at least being considered by the national party.

The Lower Austria ÖVP wants changes on three main aspects of integration law.

READ ALSO: Why are fewer people getting Austrian citizenship in 2023?

Longer citizenship wait times – for some

Most foreigners already have to be resident in Austria for 10 years to be eligible for citizenship.

However, there are some exceptions – meaning that some people in certain situations can get citizenship earlier.

For example, people married to Austrians become eligible for Austrian citizenship after six years – if at least five of those six years were spent married to the Austrian partner. Citizens of other EU countries also become eligible after six years.

The draft proposals call for getting rid of these shortcuts, and making everyone have to be resident for at least a decade, regardless of their situation.

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

Recognition of Israel’s right to exist

Lower Austria Governor Johanna Mikl-Leitner (ÖVP) says that given Austria’s historical responsibility to the Jewish people, taking Austrian citizenship should require an explicit acknowledgment of Israel’s right to exist.

Such recognition and the fight against anti-Semitism are “integral to the historical responsibility of our state—and therefore should be a basic requirement for granting Austrian citizenship,” she said.

People wave Palestinian flags and shout slogans in support of Palestine during a Pro-Palestinian demonstration outside the Chancellery in Vienna, Austria on October 15, 2023. (Photo by JOE KLAMAR / AFP)

Mikl-Leitner says the October 7th attacks by Hamas against Israeli civilians were a “wake-up call” and that “we cannot tolerate counter-societies in our country – we must sanction them much more to defend our values.”

READ ALSO: Concern grows in Austria over rise in anti-Semitic attacks

Harsher penalties for children not attending class

Mikl-Leitner says Austria needs clearer definitions of what violates mandatory schooling – and that parents who keep their kids out of Austrian schools should face tougher fines.

Parents of families who are not willing to integrate “must be heavily penalised financially”.

The measures propose that those who violate mandatory schooling rules, or who fail to implement measures agreed with schools – such as psychological counselling or anti-violence training – should be fined anywhere between €500 and €2,500.

READ ALSO: Four things foreigners in Austria need to know about the education system

Why do they want to make citizenship laws tougher?

The Lower Austria ÖVP’s proposals come following a rise in anti-Semitic violence in Austria, after terror group Hamas – which rules the Palestinian territory of Gaza – attacked and killed over 1,400 Israeli civilians on October 7th.

The Lower Austria ÖVP says tightening integration measures will help prevent parallel societies from forming which run contrary to Austrian values – which include a particularly hard line on anti-Semitism and support for Israel given the country’s Nazi past.

The measures are similar to ones currently under review in neighbouring Germany – which is looking at tightening up its anticipated dual citizenship law – to make it harder for those with a history of anti-Semitism from becoming German.

With the far-right Freedom Party (FPÖ) leading in many Austrian polls, politicians have been proposing many ways to make integration requirements stricter by tightening up rules around benefits and residence.

These include a proposal from Integration Minister Susanne Raab to tie social benefit entitlement to improving German skills.

READ ALSO: Austrian minister wants foreigners to improve German level to keep social benefits

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For members

AUSTRIAN CITIZENSHIP

Can I get Austrian citizenship and immediately move abroad?

Austrian citizenship comes with perks, including freedom of movement in the EU. But some foreign residents are wondering if newly naturalised Austrians get to enjoy these rights immediately or if they have to wait for a period of time before moving abroad.

Can I get Austrian citizenship and immediately move abroad?

Freedom of movement and the ability to live and work in other member countries can be among the best perks of European Union (EU) citizenship for those whose work and family lives allow it.

For example, Austrian citizens who can work remotely may choose to spend the coldest months of the year near a sunny beach in Spain. Likewise, when summer heatwaves start, they can move to the Nordics without applying for any visas or work permits.

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

But if you are a newly naturalised Austrian citizen, can you get your Austrian documents and then immediately move to another European country – or even further afield?

Can I leave Austria as soon as I get citizenship?

The basic answer is yes, once citizenship is granted you can legally move to another European country indefinitely if you want to.

Asked how EU rules apply to foreigners who naturalise, immigration lawyer Sven Hasse told The Local, “With their naturalisation, third-country nationals also acquire EU citizenship.” He added, “And the freedom of movement rights within the EU by the Freedom of Movement Directive.”

READ ALSO: What documents should I get after obtaining Austrian citizenship?

No unique terms and conditions apply to foreigners or dual citizens, and there is no probation period for citizenship once it is granted.

In fact, once citizenship is granted, it can only be repealed for a few very specific reasons, such as joining a foreign military or discovering that you lied on your citizenship application.

So, theoretically, if you gained Austrian citizenship today, you could move to Italy tomorrow, and there would be no reason, at least from a legal perspective, that you would need to return.

What are EU citizens rights?

EU citizens can move to any EU country to live, work, study, look for a job or retire.

According to the European Union’s official website, “You can stay in another EU country for up to three months without registering there”.

Depending on where you are staying, you may need to register your residence after three months. However, provided you register according to the local regulations, you can then continue to reside there for longer.

READ ALSO: Do foreigners in Austria have to carry their residence cards?

You may need to carry your Austrian identity card or passport in many EU countries. If you’re without your identity documents, you could be fined or temporarily detained, but this is not reason enough to make you return to your home country.

Additionally, in most cases, if you live legally in another EU country for a continuous period of five years, you will eventually acquire permanent residence there.

Indeed, freedom of movement is a huge benefit to millions of EU citizens, who are, therefore, free to travel much more easily and seek work internationally within the EU region.

The popularity of benefits such as this could be one reason why far-right parties have stopped talking so much about leaving the EU in the current election cycle.

Perks of the Austrian passport

Along with the ability to live and work across the EU, Austrian citizenship comes with a sought-after passport.

Passports are ranked by the number of countries they allow you to travel to without a visa.

In 2024, the Austrian passport is the second most powerful in the world after the United Arab Emirates passport; according to the Passport Index – Austria shares its 2nd place status with France, Italy, the Netherlands, Luxembourg, Spain, Germany and Switzerland.

Currently, Austrian citizens get visa-free access to 143 countries, and another 43 countries offer a visa-on-arrival for them.

In comparison, the UK passport has the 5th most powerful ranking – along with Singapore, the Czech Republic and South Korea – granting entry to 174 countries. The US, Canada and Australia all share the 7th most powerful passport ranking, with access to 172 countries.

READ ALSO: EXPLAINED: When is dual citizenship allowed in Austria?

Lower down on the list, Kenyan passport holders have access to 100 fewer countries than Austrian passport holders, for example. Similarly, India’s passport has the 66th ranking and allows entry to 73 countries.

On a practical level, having a powerful passport ranking simply means that you can travel to more places with relative ease. So, even if you don’t plan to move elsewhere with your citizenship, the Austrian passport is not a bad one to have.

Coming from countries with weak passports can make moving abroad, or even travelling, difficult. For some citizenship applicants, being granted an Austrian passport could significantly improve their mobility and access to certain countries.

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