Austria - Access to nationality




Access
to nationality in Austria has worsened since 2004 and now scores the worst out of the 28 MIPEX countries (see box). Most legal residents are only eligible after ten years. Children and grandchildren born in the country are only eligible to become citizens of their country of birth through facilitated naturalisation. This is also available for recognised refugees and migrants whose personal and professional integration the state deems to be ‘sustainable.' Applicants must then go through the least favourable conditions to acquire nationality found in the 28 MIPEX countries. Migrants hoping to naturalise are insecure since the state can refuse their application on many grounds: for instance, if they had a three-month prison sentence for fiscal irregularities or serious and repeated violations of administrative regulations, like drink-driving. They do have various rights of appeal and legal guarantees though. Most applicants must renounce their original nationality.


Eligibility and conditions for access to nationality have worsened
The Amendments to the 1985 Nationality Law, which entered into force on 23 March 2006, lowered Austria's score on five MIPEX indicators. To get Austrian citizenship, the spouses of Austrians now have to wait 6 (up from 3 to 4) years of residence and 5 (up from 1 or 2) years of marriage. Applicants must now prove that they have all-risk health insurance and that they have lived for the past three years without needing any welfare benefits. The state no longer considers whether a migrant has been the victim of social hardship. Migrants must pass the integration agreement', as well as a written multiple choice test on the political system and the history of Austria, and of their federal province. Finally, the authorities must judge whether the applicant has an ‘orientation towards social, economic and cultural life in Austria and towards the basic values of a European democratic state and its society.' For best practice, see country profiles for Belgium and Sweden. 


Results by strand

Austria - Overview
Austria - Labour market access
Austria - Family reunion
Austria - Long-term residence
Austria - Political participation
Austria - Access to nationality
Austria - Anti-discrimination
Austria - Public perceptions
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