Austrian citizenship is of interest to many foreigners, including Russians, for a number of reasons. Someone is chasing prestige, someone is attracted by the opportunity to live in a stable society with high standards, comfort and good earnings. For some, it is more important to get new opportunities in work and business, social guarantees for themselves and their families, to ensure a safe future for children. But one should not think that it will be easy to find the Austrian indigenous people. An already complicated process is burdened by bureaucracy, the application of the principle of Mutatis mutandis (taking into account different circumstances), etc.
Possible ways of gaining an Austrian indigenous
Those who are interested in how to become an Austrian citizen should familiarize themselves with the second section of the Austrian Consolidated Federal Law "On Citizenship" (Gesamte Rechtsvorschrift für Staatsbürgerschaftsgesetz, 1985 - StbG).
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It outlines the ways in which you can acquire Austrian citizenship. The legislation provides for two main ways:
- By origin. The easiest and fastest way to become an Austrian citizen is through birth. In Austria, the right of blood plays a major role (the right of the soil is not recognized here). The child acquires an indigenate from the moment of birth:
- in a family where both parents are Austrian citizens;
- in a civil marriage, but only when the blood mother is an Austrian citizen or the father-citizen recognized the child as his own even before birth. If the father did not do this, according to Art. 7 StbG sets a period (56 days) during which paternity must be recognized or established in court.
The Austrian Indigenate is also automatically received by adopted children under the age of 14 within 6 weeks after the filing of the application by the citizen who adopted the child (from the age of 14, the child's consent is required), as well as newborns in stateless families in the country.
- Naturalization (Art. 10-25 StbG). Speaking about how to obtain Austrian citizenship, it is worth noting that today for citizens of the Russian Federation this is the most realistic way. Foreigners who decide to become citizens of the Republic of Austria must go through several stages: legalize their stay in the country, obtain a residence permit, fulfill all the necessary requirements, and then officially apply for citizenship. This way of becoming an Austrian citizen provides several options, which may differ in requirements and procedure from the standard way. So, you can get the index in a simplified form through:
- marriage with an Austrian citizen;
- investments and business activities;
- official refugee status;
- rewarding an Austrian passport for invaluable services or benefits brought to society and the state.
Who can become an Austrian citizen: basic and additional requirements
The question of the requirements for an applicant for an Austrian indigenate is one of the most difficult in the naturalization process. It is often difficult to understand it due to the abundance of clarifications, exceptions, clauses, etc. in articles of the Citizenship Law (StbG).
Nevertheless, there are several mandatory requirements for all candidates for Austrian citizenship (albeit with possible concessions):
- Terms of stay in the country. For different categories of foreigners applying for an indigenous person, different residency requirements have been established:
| Applicant category | Requirements for length of stay |
|---|---|
| The standard option is through employment, business, etc. (Clause 1 Article 10 StbG) | Legal residence in the federal territory for at least 10 years, of which at least 5 recent years have been permanently on it |
| Alien with the status of an asylum-seeker (Clause 7 Article 11a StbG) | |
| Stateless person born in Austria (Clause 1 Article 14 StbG) | |
| Foreigners providing emergency services to Austria (Clause 6.7 Article 10 StbG) | By decision of the federal government, the action of paragraph 1 of Art. 10 StbG does not apply to these persons. The federal government may issue a specific exemption order in a specific case. For example, for large investors who have invested at least 10 million euros in the economy - from 12 to 18 months. |
| A valid spouse / partner of an Austrian citizen with at least 5 years of experience (Clause 1 Article 11a, 16, 60 StbG) | Continuous legal stay in federal territory for a period of at least 6 years |
| Stars of world sports, show business, culture, world-famous scientists, etc. (Clause 4 Article 11a StbG) | |
| EU and EEA citizens (Clause 4 Article 11a StbG) | |
| Foreigners with a command of German at the B2 level who have shown stable personal integration into society for at least 3 years (volunteering, active participation in the work of public organizations) (Clause 6 Article 11a StbG) |
- Individuals who have legally resided in Austria for at least 30 years continuously can apply for automatic citizenship.
- Confident command of the German language (paragraphs 1-4 of Art. 10a StbG).
- Each applicant must have a command of the state language at a level not lower than B1. The corresponding certificate must be endorsed by the Goethe Institute or the Austrian Integration Foundation.
- Persons whose mother tongue is German, or who, in the context of compulsory schooling, have completed an Austrian primary or secondary school (or have studied there for at least 5 years) and have received a positive assessment in the subject “German” are exempted from the provision of supporting certificates.
More information about organizing the study of German and about preparing and passing the integration exams can be found on the Austrian online portal "My Language".
- Possession of basic knowledge about the state, social structure of the country, democratic order and the basic principles arising from it, about the history of Austria and the federal state in which the applicant lives (paragraphs 4a-7 of Art. 10a StbG). You can take the test on the My Austria online portal. A written examination test is carried out. Evaluated: "Delivered" and "Not Delivered". Re-examination is allowed without restriction of attempts. Testing may be exempted from those who have completed a high school diploma and studied History and Social Studies at level 4 of the Hauptschule. Questions about the history of a particular federal state are included in the exam by the local government.
The second and third requirements do not apply to persons who are under the age of majority at the time of application, and persons who are not able to get tested for medical reasons. - Sufficient financial security (clause 5 of Art. 10 StbG). The applicant must show a regular income of his own at the time of the decision for 36 months within 6 years, of which 6 months must be immediately before the time of application. The minimum monthly income cannot be less than twice the standard compensation benefit rates. From 01.01. 2021, according to Art. 293 of the General Social Insurance Law (ASVG), their size is: 933.06 euros - for singles, 1398.97 - for a married couple, 143.97 euros - for each additional child (https: //www.ris.bka.gv .at / GeltendeFassung.wxe? Abfrage = Bundesnormen & Gesetzesnummer = 10008147) Thus, in 2021, the minimum monthly income for single people will be 1866.12 euros, families - 2797.94, per child - 287.94 euros.
- Impeccability in behavior. The applicant must have no convictions, no legal proceedings of any kind, no administrative violations (drunk driving, doing business without a license, etc.), as well as claims from the police and migration authorities.
- A guarantee that the provision of the Austrian indigenous to the applicant will not harm international relations and the interests of Austria.
- Positive attitude towards Austria, lack of ties with terrorist and extremist organizations.
- Renunciation of the previous citizenship (except in situations where this is impossible or may lead to adverse consequences for the applicant).
In addition to these standard requirements, it is often required to confirm the presence of housing and registration in Austria, payment of taxes, and the availability of health insurance. Depending on the situation, additional requirements may be imposed on different groups of applicants:
- through marriage - spouses / partners must have been married for at least 5 years, confirmation of real matrimonial relations is required;
- for investors - confirmation of the legality of receiving the invested capital;
- for businessmen - the presentation of a business plan, the creation of new jobs, a contribution to the development of the region.
The main stages of acquiring Austrian citizenship
In order to obtain a passport of the Republic of Austria, in a standard situation, you must go through three stages:
- first - moving and temporary residence (residence permit) in Austria;
- the second - after five years of residence permit - obtaining the status of a permanent resident of the country (permanent residence);
- the third - in 6-10 years - the registration of the Austrian indigenate.
The first important step towards citizenship is obtaining a residence permit, which will allow you to immigrate to this country. Some types of residence permits (for temporary workers, according to programs) do not give the right to a subsequent extension or transition to another type of residence permit.
Russians and other CIS citizens wishing to obtain Austrian citizenship can apply for:
| Residence permit type | Validity period and the possibility of extension, transfer to another residence permit | Peculiarities |
|---|---|---|
| "Red-White-Red Card" (RWRC) with the right to work, for highly qualified specialists, employees who have passed the point system | 1 year + 1 year + 3 years Possible transition after 2 years to RWRC + | "Tied" for the first two years to the employer, profession and position |
| RWRC for businessmen and self-employed investors | 1 year + 1 year + 3 years | Does not give the right to employment |
| RWRC without the right to work, for relatives, family reunions, etc. | 1 year + 1 year + 3 years after 5 years, they can apply for permanent residence if module 2 of the integration agreement is completed | They receive a residence permit according to the allocated quotas and are not eligible for employment in Austria |
| RWRC + for family members (Familienangehöriger) of RWRC and aircraft owners | The validity period is tied to the stay in the country of the main family member. Issued upon availability of quotas | Allows you to live and work in all federal states of the country |
| EU Blue Card (BC) for highly qualified professionals with a salary of at least 4447 euros | 2 years Possible transition after 2 years to RWRC + | |
| Settlement permit - Niederlassungsbewilligung | In the case of RWRC renewal for the self-employed and business expansion - for entrepreneurs. For family members of Niederlassungsbewilligung holders (subject to quotas) | The right to temporary employment and self-employment |
| Residence permit - researcher Niederlassungsbewilligung - Forscher | 2 years For graduate scientists, employees of research institutions, etc. | After the expiration of the validity period, it is possible to extend for another 12 months to find a job or create a new business, or switch to RWRC or VS |
| Residence permit without the right to work Niederlassungsbewilligung - ausgenommen Erwerbstätigkeit | 1 year + 1 year + 3 years For financially independent people After 5 years, they can apply for permanent residence if module 2 of the integration agreement is completed | They receive a residence permit according to the allocated quotas and are not eligible for employment in Austria. Income in 2019 must be at least 1866.12 euros for one person, 2797.94 - for a family, 287.94 - for each child |
| Residence permit - relatives of Niederlassungsbewilligung - Angehöriger | For relatives of permanent residents of Austria. After 5 years of legal residence, they can apply for permanent residence | The right to temporary work without access to the labor market |
General requirements for applicants for a residence permit:
- no criminal record or violations of EU visa rules;
- financial support of stay in Austria;
- medical insurance with coverage of at least 30 thousand euros;
- the presence of a permanent residence in Austria (rent, property);
- German language proficiency level - A1;
- full package of documents.
With an application for a residence permit, you must personally contact the Austrian Embassy in the host country or the Austrian municipality of the specific land to which you plan to move. The term for consideration of the application is from 3 to 6 months.
If approved, you can open an immigration visa, go to Austria and get your residence permit. To extend the residence permit, you should apply no earlier than three months before the end of its validity.
The second stage is obtaining the status of a permanent resident of Austria or permanent residence - Aufenthaltstitel Daueraufenthalt.
Prerequisites for obtaining it:
- continuity of residence (at least 183 out of 365 days) in Austria for the last 5 years in the status of a residence permit;
- conclusion of a personal integration agreement, completion of module 2 of the Integration Agreement 2021 (Niederlassungsbewilligung - Angehöriger) with a German language level B1;
- personal application to the Foreigners Department of the Austrian Ministry of the Interior.
The applicant must also be:
- financially independent, receive a monthly income of at least 1,452 euros;
- have housing that meets the sanitary standards of the land of residence;
- be law-abiding, pay all taxes;
- have medical insurance of at least 30 thousand euros.
The permanent residence card retains its legitimacy for 5 years.
The procedure for obtaining an Austrian identity
Austrian citizenship for Russians in 2021 is available in the same way as for citizens of other CIS countries.
The algorithm of actions is simple:
- prepare a package of documents;
- apply for citizenship;
- pass the exam;
- wait for a decision;
- participate in the swearing-in ceremony.
The documents must be submitted directly to the Citizenship Department of the government of the land where the applicant lives. You should first sign up for the submission of documents.
To get information about where and to whom to apply with papers, to find out the time of reception, the cost of payment and other information, you need to go to the page staatsbuergerschaft.gv.at. This is followed by:
- Click the desired land on the map, for example "Vienna".
- Then click on the home page of the Vienna City Council.
- After that, the visitor will be on the page of the municipal department (MA 35). All the information you need is contained here.
After renouncing the previous citizenship (depending on the situation), the applicant must take an oral oath before the competent authority of loyalty to the principles and ideals of the Republic of Austria. Thereafter, he will receive a written notification of the award of the Austrian Indigenate.
Documents to be submitted for consideration
Persons from 14 years of age and older are required to prepare a complete set of documents that will be considered when deciding whether to grant Austrian citizenship. The basic package includes originals and copies of the following documents:
- application form of the established form (you can take and fill it out with your own hand at the Department of Citizenship of the land in which the applicant lives);
- autobiography;
- photo (3.5x4.5 cm) not older than 6 months;
- documents on civil status (marriage certificate, divorce, adoption, etc.);
- police clearance certificate and dignified behavior;
- confirmation of a sufficient level of income;
- valid passport;
- a valid residence permit in Austria;
- documents confirming the place of residence and proof of residence in Austria (lease agreement, purchase / sale agreement, etc.);
- papers confirming the availability of sufficient funds (annual salary sheets, employment contract, confirmation from the tax office, regular expenses for the last 6 years);
- integration test certificate of language proficiency at B1 level;
- medical insurance with coverage of 30 thousand euros.
In addition to these documents, depending on the situation, additional ones will be required:
| Resident category | List of papers |
|---|---|
| For investment | - confirmation of the availability of money and their legality; - letters of recommendation from banks; - recommendations from business partners |
| For businessmen | - confirmation of the purchase of a business in Austria; - confirmation of the presence of higher education, academic degree, etc., - business plan |
| For self-employed | - certificate of passing the tax inspection; - confirmation of current contributions to social insurance |
| For refugees and political migrants | proof of recognition as a refugee or asylum seeker |
| For spouses / partners | confirmation of married / partner residence (the presence of children together, joint photos, rental bills, etc.) |
All official documents of third-country nationals in foreign languages must be accompanied by a translation into German, certified in Austria and apostilled.
Passing the exam in the history and social order of Austria
Obtaining Austrian citizenship with a few exceptions (by decision of the federal government, large investors are exempted from passing the exam) is impossible without testing basic knowledge of history and democratic order in the Republic of Austria. To do this, you must pass an online exam at the responsible office of the government of the land of residence.
For practice, it is helpful to use the Take Online Test feature on staatsbuergerschaft.gv.at. Study materials for exam preparation can also be found here.
After submitting the application, the applicant will receive the required information 8 weeks before the exam date. To get contact information, you should use the service.
How much will the indigenate of Austria cost and how long do you need to wait
The final cost of obtaining Austrian citizenship includes federal fees (the same throughout the country) and government fees (differ depending on the land), and also largely depends on the reasons that prompted you to apply for it.
The average size of state fees and charges is for:
- adult citizen - from 621.35 to 879.34 euros;
- spouse / partner - from 872.07 to 1130.06;
- minor child - from 76.30 to 80 euros.
So, for example, in Vienna the costs will be:
| Citizenship Applicants | Federal tax (€) (Mit Rechtsanspruch / Ohne Rechtsanspruch) | State tax on land (€) (Mit Rechtsanspruch / Ohne Rechtsanspruch) |
|---|---|---|
| Individual | 867,40/1115,30 | 76/150 |
| Married couple / partners | 1734,80/1982,70 | 152/226 |
| Children | 247.9 | 76 |
| Awarded for Distinguished Service to Austria | 1115.3 | 300 |
In addition, you have to pay an additional fee for filing an application - 40.59 euros.
Application processing can take from 9 to 18 months. Much will depend on the quality of preparation and completeness of the package of papers.
Refusal to grant Austrian citizenship
The denial of Austrian citizenship is a fairly common phenomenon. The reason may be:
- any inconsistency with the requirements: having a criminal record, close relations with extremist or terrorist organizations, unwillingness to renounce previous citizenship, violation of EU migration legislation, insufficient finances to live in Austria, possession of illegally acquired capital, insufficient knowledge of the German language, etc.);
- an attempt to conceal or falsify information about yourself;
- non-observance of the temporary qualification of residence in Austria;
- the use of fictitious marriage;
- errors when filling out papers, providing an incomplete package of documents, etc.
The Austrian immigration services check each candidate very carefully, they practically do not make mistakes and it is useless to appeal. Therefore, having received a motivated refusal, it is necessary to figure out why this happened.
If the reasons are correctable - to supplement the package of documents, correct mistakes, pay a fine for incorrect parking or pay off a mortgage - it is worth reapplying.
Experts' reviews indicate that if the violations are more serious and are associated with criminal, immigration, labor laws, then the issue of Austrian citizenship will have to be closed forever.
Second and dual citizenship of Austria
Dual citizenship is not uniquely recognized in Austria. As for the second (multiple) citizenship, the issue can be considered depending on the situation.
Thus, one of the conditions for the acceptance of the Austrian indigenate requires the renunciation of the previous citizenship. Exceptions to this rule are possible in case of force majeure.
Some countries, for example Iran or Cuba, refuse to release their citizens from the indigenous population. In other cases, renouncing citizenship can threaten too high a price - loss of a family, deprivation of pension, etc.
Therefore, the Austrian authorities are not so categorical in their actions. They can guarantee citizenship, provided that the applicant for an Austrian passport, within the next two years, resolves the issue with the previous indigenous.
A child in the family of a foreign parent can also have a second citizenship - Austrian legislation does not present a child with a dilemma of choice upon reaching the age of majority.
Pros and cons of acquiring Austrian citizenship
Finding out what Austrian citizenship gives, it should be noted that the Austrian passport promises much more advantages than disadvantages:
| Advantages | disadvantages |
|---|---|
| Full possession of the rights of an Austrian citizen, including the right to participate in elections | Confident knowledge of German is required (B1, B2) |
| Living in a free, civilized and comfortable society | Refusal of a Russian passport |
| Employment and residence opportunities in Austria and any EU country | The complexity and length of the process of acquiring Austrian citizenship |
| Modern education for children and high quality medical care for the elderly | Strong mental differences between Russians and Austrians |
| Visa-free travel to more than 170 countries of the world | High taxes |
| High salaries | High property prices |
| Living in a safe and healthy environment | Complex legal framework that is difficult to understand |
| Extradition to another state is excluded | |
| High social guarantees and security |
Comparing the pros and cons, it can be seen that these shortcomings are quite surmountable and there are much more benefits in a good knowledge of the German language than in its ignorance. And the refusal of the Russian passport will not close the road to travel to relatives and friends who are not so lucky in life.
