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AUSTRIAN CITIZENSHIP

Why is Austria so resistant towards relaxing dual citizenship rules?

With neighbouring Germany approving a relaxation of dual-citizenship laws, questions are being raised about Austria’s reluctance to allow Austrian citizens to hold another nationality.

Why is Austria so resistant towards relaxing dual citizenship rules?
Austrian Federal President, Alexander Van der Bellen, has joined the chorus calling for a relaxation in Austria;s laws on dual citizenship. Photo: AFP / Joe Klamar

Those who want to take up Austrian citizenship via naturalisation need to undergo an extensive and expensive process and fulfil specific criteria.

Generally, there needs to be at least 10 years of lawful and uninterrupted residence in Austria. However, there are exceptions for those with citizenship of an EU or EEA country, those born in Austria, or married to an Austrian, for example.

The main hurdles, however, include having to give up any other citizenships, as Austria doesn’t allow for dual citizenship in naturalisation cases with few exceptions.

Only a few exceptions to the rule exist – one when the national interest may be served (for example, in re-granting Arnold Schwarzenegger Austrian citizenship following his American naturalisation), another for those descendants of Jews who fled Austria following the Nazi takeover in 1938. 

What may be behind this Austrian policy when other European nations begin taking a broader view of dual citizenship?  

Dr Hannes Wiesflecker, of Law Experts Rechtsanwälte-Attorneys, told The Local:  “From my point of view, the opposition to dual citizenship is mainly based on a more traditional picture of the relationship between citizen and state. 

“This is based on the fact that the citizen has to decide to which country, and therefore culture and society, he or she belongs. The Austrian state assumes that choosing one place will establish a deeper bond to a country.”

A turbulent history

Austria’s history may also play an important role in this attitude. While the Republic of Austria was only established in 1955, what now constitutes Austria has seen significant changes over recent centuries. 

Following the collapse of the reigning Holy Roman Empire in 1806, Austria endured as the Austrian Empire until 1867, when it joined with the Kingdom of Hungary to form the Austro-Hungarian Empire.

With the end of the First World War, the Austro-Hungarian Empire dissolved and was replaced with the First Austrian Republic. 

Seeking to emulate the glories of the Holy Roman Empire, Hitler subsumed Austria into ‘Greater Germany’ in the Anschluss of 1938. This endured until 1945 when the occupying Allies began forming the current Republic of Austria.

With significant changes in territory, governance and religious attitudes over less than a century, Austria’s ruling government values citizens holding a specific and resolute national identity without other ties. 

READ MORE: Could Austria ever relax its strict dual-citizenship laws?

A changing reality?

However, this ignores one important fact: Austria is a country of immigration. Statistik Austria has shown that one in four residents in the country has a ‘migration background’. That meant around 2.24 million people.

The number is high, but it gets even more impressive when we understand what was considered a migration background: people whose parents were both born abroad. Persons with one parent born in Austria do not have a “migration background”, according to this definition.

The number of foreign citizens, meaning those without Austrian citizenship, is also high. At the start of 2022, around 1.6 million foreigners were living in Austria, according to data from Statista.

Figures from the City of Vienna showed that at the beginning of 2021, there were 805,039 foreigners living in the capital, which is almost 42 percent of the city’s population.

Several voices in Austria have for years argued that this poses a threat not just to the integration of these people but to democracy itself

Georg Lauß, a Politics teacher from the Pedagogical University of Vienna, said: “One can be of the opinion that it is not a problem if 15 percent of the population are not allowed to vote. But what if it’s 20 or 30 percent, so when is the point reached where we can no longer speak of democracy?”

Possibility for change?

A growing number have called for the Austrian government to reconsider its stance – including from Federal President Alexander Van der Bellen during his 2022 presidential campaign.

In an interview with local media, Van der Bellen said he believes the “hurdles” for citizenship are too high.

“Citizenship is a valuable asset. I think the hurdles for obtaining it are too high, ” he repeated on numerous occasions.

At the time, some politicians, including the Greens, agreed.

“The Green position is very clear: We see it the same way as the Federal President,” stated the Green Minister of Justice Alma Zadic in the ORF program ZiB2.

But there is still significant resistance to change. 

In response to Van Der Bellen’s comments, Federal Chancellor Karl Nehammer dismissed calls to ‘soften’ citizenship laws. This was echoed by statements issued by his coalition partners in the Green Party. 

Ultimately, it may take the results of Germany’s vaunted reforms to shift attitudes in Austria, with any real changes still several years away. 

Member comments

  1. „While those people born to an Austrian citizen and a foreign parent can hold dual nationalities as a child, they’re generally asked to choose between them at age 18.“

    This is untrue. This is never the case. The Austrian Nationality Act explicitly allows someone born with dual nationality to retain them forever.

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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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