Obtaining Austrian Citizenship, Austrian-Hungarian Dual Citizenship

Austrian citizenship can be obtained in several ways, and in this article we will discuss the two methods that are important for Hungarians in Austria:

• Acquiring Austrian Citizenship through Family Basis
• Acquiring Austrian Citizenship through Naturalization
• Austrian-Hungarian Dual Citizenship

Acquiring Austrian Citizenship by Family Basis, Descent by Birth – Erwerb durch Abstammung

Children acquire Austrian citizenship from the moment of birth if

• the mother is an Austrian citizen OR
• the parents are married, and only the father is an Austrian citizen

If the parents are not married, and only the child’s father is an Austrian citizen, while the mother is a citizen of another country, the child can acquire Austrian citizenship on a family basis if the Austrian father acknowledges paternity within eight weeks of birth or paternity is legally established by a court.

Paternity can be acknowledged even before the child’s birth. In cases where acknowledgment or judicial determination of paternity occurs more than eight weeks after birth, the child can acquire Austrian citizenship through simplified donation conditions.

If the child acquires another citizenship alongside Austrian citizenship at birth – for example, from the other parent (“ius sanguinis”) or in the country of birth (such as the USA), where the principle of territoriality (“ius soli”) applies, then the child will have dual citizenship.

Although Austrian law generally does not allow dual citizenship, this is one of the exceptions where it is possible. According to Austrian law, the child does not have to choose between the two citizenships even as an adult.

Addendum: According to Hungarian law, if the mother is married but the child is not born to her husband but to another man, the paternity acknowledgment is not valid, and the husband will be the child’s father. In such cases, the child can only acquire the biological father’s citizenship if all three parties (father, mother, husband) make a declaration before Hungarian authorities or the court establishes paternity (thanks to Éva for the additional information).

Acquiring Austrian Citizenship through Donation, Naturalization – Erwerb durch Verleihung

The conditions for granting citizenship, naturalization, may differ depending on whether someone receives it because they are eligible or because it is awarded based on a separate official assessment.

General Terms:

• At least ten years of legal and uninterrupted residence in Austria, of which at least five years with a permanent residence permit
• Impeccable background: no valid court judgment, no ongoing criminal proceedings against the applicant in Austria or abroad, and no serious administrative violations
• Proof of secure livelihood from employment or other income for at least 36 months in the 6 years preceding the application, with the last 6 months being directly before the application
• Knowledge of the German language, sufficient knowledge of the Austrian constitutional system and principles, and the history of Austria and the respective province, proven by a written exam. Exception if, for example, German is the applicant’s native language or if they are a minor and received a positive evaluation in German at school.
• Positive attitude towards the Republic of Austria, and the applicant must not pose a threat to public peace, order, and security.
• No valid residence ban or ongoing proceedings for such a ban
• No deportation order from Austria, other EU member states, or Switzerland
• No deportation from Austria in the past 18 months
• No connection to extremist or terrorist groups
• No previous loss of previous citizenship
• Acquiring Austrian citizenship does not harm the interests of the Republic of Austria or significantly affect its international relations

The Process of Acquiring Citizenship

The application for the granting of Austrian citizenship must be submitted in person to the competent authority. This must be done using the forms provided by the authority. Information about the documents and certificates to be attached can be requested from the authority.

Foreign language documents must be submitted in the original and with a certified translation authenticated in Austria. The authority can also provide information about the list of certified translators.

Additional information about duty and military obligation can also be found on the oesterreich.gv.at website.

Austrian citizenship can also be acquired through the following methods:

• provable main residence in Austria for at least 30 uninterrupted years
• at least 15 years of legal and uninterrupted residence in Austria, with proof of appropriate personal and professional integration
• proof of at least 6 years of legal and uninterrupted residence in Austria, if there is a 5-year marriage to an Austrian citizen and the spouses live in the same household
• at least 10 years of legal and uninterrupted residence in Austria with refugee status
• In Austria, if the “refugee” status is applicable.

Special rules apply in cases of outstanding athletic, social, etc. achievements, or when citizenship is granted by an authority in the interests of Austria. Detailed information can be obtained on Austria’s official information page by clicking here.

Dual Citizenship

Austrian citizenship law generally does not allow dual or multiple citizenships. Exceptions are only made in exceptional cases.

Anyone who voluntarily acquires citizenship of another country generally loses their Austrian citizenship. To retain Austrian citizenship, a written request must be submitted before acquiring foreign citizenship, and it must be approved in writing.

Approval can be obtained from the Austrian state in the following cases, among others:

• due to exceptional achievements already made or expected to occur
• for a particularly commendable reason in the interest of Austria
• for particularly commendable reasons in the applicant’s private and family life
• in the case of minors, in the best interest of the child

It is important to obtain approval for retaining citizenship before applying for foreign citizenship, otherwise Austrian citizenship will be automatically lost.

The competent provincial government office is available for checking and approving citizenship retention. Retention requests can also be submitted abroad at the professional representation responsible for the place of residence (embassy or consulate).

Those who acquire Austrian citizenship through naturalization generally have to give up their previous citizenship. If the legal system of the country of the existing citizenship does not require the automatic loss of citizenship upon acquiring Austrian citizenship, then the Austrian citizenship is first granted.

Thereafter, if possible, the person in question must submit proof of renunciation of their original citizenship within two years, after which they will receive Austrian citizenship. If renunciation of the previous citizenship is not possible or not expected, this can only be determined by the competent Austrian provincial government office. In such cases, proof of renunciation of the original citizenship does not need to be submitted.

Austrian citizenship can be granted based on exceptional achievements already performed and expected to be performed in the interest of Austria. In such cases, Austria waives the requirement to renounce the previous citizenship.

An important exception is that children who inherit citizenship from one parent from birth (ius sanguinis), or who acquire citizenship by birth in a country (e.g., USA) based on territorial principle (ius soli), do not lose their Austrian citizenship and become dual citizens. Such a child does not need to choose between citizenships upon reaching adulthood and remains a dual citizen.