Dual Citizenship Austria | Your Dual Citizenship in Austria - Comprehensive Legal Support by Law Experts Attorneys

Dual Citizenship Austria – Comprehensive Guide & Legal Support

Dual citizenship in Austria is a complex and highly regulated topic. As a leading Austrian law firm with over 15 years of experience, Law Experts Attorneys provides specialized legal advice and support for individuals seeking to obtain or retain dual citizenship in Austria. On this page, you will find everything you need to know about the legal framework, application process, exceptions, and how our legal team can maximize your chances of success.

Understanding Dual Citizenship Austria - Dual Austrian Citizenship is an Exception in Austria

Austria traditionally follows a restrictive policy towards dual citizenship. According to Austrian citizenship law, obtaining another nationality without prior permission usually results in the automatic loss of Austrian citizenship.

Therefore one of the basic principles of Austrian citizenship law is the avoidance of multiple nationalities (Dual Citizenship Austria). In general, the Austrian Nationality Act does not allow dual citizenship. Dual citizenship in Austria exists if one person is simultaneously an Austrian citizen and a citizen of another State. The cited principle of avoiding dual citizenships is broken in exceptional cases.

Thus, in Austria it is the case that a person who voluntarily acquires foreign citizenship automatically loses their Austrian citizenship.

In order not to lose Austrian citizenship, permission to retain it must be requested in writing before acquiring foreign citizenship and be approved by written decision.

There is only an exception for persons who obtain two citizenships at the time they were born. An Austrian citizen applying for foreign citizenship will automatically lose his/her Austrian citizenship upon obtaining foreign citizenship.

The Austrian Citizenship Act is rigorous in relation to mistakes or "mistakes" concerning dual citizenships or multiple nationalities. It is not without reason that the Citizenship Act provides for the loss of Austrian citizenship in the case of a double citizenship that is not granted as follows (dual citizenship in Austria):

§ 27. (1) Citizenship loses who acquires a foreign nationality on the basis of his application, his declaration or his express consent, unless he has previously been granted the retention of citizenship.

The loss of Austrian citizenship thus already occurs when the citizen acquires the foreign nationality on the basis of his declaration of intent. The loss of Austrian citizenship is permanent. This means that even the subsequent loss or the deferment of foreign citizenship does not lead to the resurgence of Austrian citizenship.

Legal Framework for Dual Citizenship Austria - Austrian Nationality Act

Section 27 of the Austrian Nationality Act: Any Austrian citizen who acquires a foreign nationality by application, declaration, or express consent automatically loses Austrian citizenship, unless prior permission for retention has been granted in writing.
Section 28: Outlines the exceptions under which retention of Austrian citizenship may be approved, such as:
- If retention is in the interest of the Republic of Austria
- If there are personal reasons worthy of special consideration
- For minors, if retention is in the best interests of the child

These regulations mean that, as a general rule, Austrian citizens who voluntarily acquire a foreign citizenship automatically lose their Austrian citizenship unless they receive official permission to retain it beforehand.

Exceptions: When is Dual Citizenship Allowed?

Dual citizenship is only permitted in Austria in rare, exceptional cases as e.g.:

At Birth: If a child automatically acquires two citizenships at birth (e.g., one from each parent), dual citizenship is allowed.
Retention Permission: If an Austrian citizen applies for and is granted permission to retain Austrian citizenship before acquiring a foreign citizenship.
Interest of the Republic: If the applicant has already provided or is expected to provide significant contributions to Austria.
Personal/Family Hardship: If losing Austrian citizenship would cause extreme disruption to private or family life (e.g., loss of residency rights, family unity).
Best Interests of the Child: For minors, if retention is in their best interest, as defined by Austrian law
Descendants of former victims of NS-persecution according to § 58c Austrian Citizenship Act

How to Get Austrian Dual Citizenship? | Dual Citizenship Application & Requirements - Dual Citizenship Austria

Dual Citizenship Austria and § 28 of the Austrian Nationality Act

Section 28 of the Austrian Nationality Act governs the retention of Austrian citizenship when acquiring foreign nationality. It provides exceptions to Austria’s general prohibition on dual citizenship, allowing individuals to retain their Austrian citizenship under specific conditions. Below is a detailed breakdown of its provisions, focusing on retention based on achievements and contributions to Austria.

In order not to lose Austrian citizenship, the authorization to retain it before acquiring the foreign nationality must be requested in writing and approved by written decision. The approval of retention must be made before applying for foreign citizenship, otherwise the loss of Austrian citizenship occurs. The Citizenship Department of the respective Provincial Government Office is responsible for granting citizenship.

The main exception for an retention of citizenship is stated in Section 28 of the Austrian Nationality Act:

if the maintenance is in the interest of the Republic of Austria, or
if personal reasons are worth considering (the law does not provide for examples; the specific reasons depend on your own individual situation).

Achievements and the interest of the Republic - § 28 of the Austrian Nationality Act

Section 28(1)(1): Retention is permitted if it is in the interest of the Republic due to:

Achievements already provided (e.g. scientific, economic, cultural, or sporting contributions).
Expected future achievements (e.g. anticipated contributions based on the applicant’s qualifications or career trajectory).

Retention Based on Achievements - Definition of "Achievements"

The law does not explicitly define "achievements," but Austrian courts and authorities interpret them broadly,
examples include:

Scientific research benefiting Austria.
Economic investments or job creation.
Cultural contributions (e.g., artists promoting Austrian heritage).
Athletic achievements raising Austria’s international profile.

Key Court Rulings:

Average achievements may suffice; extraordinary accomplishments are not required.
Authorities assess both past contributions and future potential based on the applicant’s education, career, and behavior

Legal Entitlement:

If these conditions are met, retention is not discretionary—authorities must grant approval.

Retention for Personal/Family Reasons: Section 28(1)(2): Retention may be granted if losing Austrian citizenship would cause extreme hardship to private or family life (e.g., loss of residency rights in another country, separation from family).

Retention for Minors: Section 28(3): Retention is allowed if it aligns with the best interests of the child (e.g., maintaining ties to Austrian relatives, educational opportunities

Thus, regarding dual Austrian citizenship, in principle it is possible for a citizen of another country to obtain Austrian citizenship while retaining his other citizenship but it is very difficult and subject to strict requirements.

According to this provision regarding dual citizenship the decision about the allowance of a dual citizenship from the Austrian side always strongly depend on the individual case and the reasons stated in the dual citizenship application. However, since the authorities have a relatively wide range of discretion in assessing whether the requirements under Section 28 of the Citizenship Act have been met, it is important to pay close attention to the wording of the application and the reasons given, and it is recommended that a specialized lawyer is engaged to handle the matter.

Austrian Dual Citizenship: Austrian Dual Citizenship Application Process

Austria generally follows the principle of single citizenship. Please review our Austrian Dual Citizenship Application Process:

1. Initial Assessment: Review your eligibility and collect all relevant documents. Due to the complexity and discretion involved, engaging a specialized attorney is strongly recommended.

Evaluation of your eligibility
Document review
Strategy development

2. Application Preparation: With the support of an experienced attorney state the reasons for retention.

Complete documentation assembly
Translation and certification
Legal representation setup

3. Submission and Monitoring: Submitting a written request to the competent provincial authority before acquiring the foreign citizenship.

Official application filing
Progress tracking
Authority liaison

4. Citizenship Acquisition: The authority will issue a written decision. If approved, you may proceed to acquire the foreign citizenship without losing your Austrian citizenship

Final documentation
Handling final decision of the authorities

Decisions of the Administrative Court (VwGH) regarding Dual Austrian Citizenship | Dual Citizenship Austria

Find some selected legal decisions of the Administrative Court (VwGH) on questions of citizenship and dual citizenship law as follows:

The provision of § 28 Abs. 2 Citizenship Law (StbG) was created by the Citizenship Law Amendment 1998. According to the explanations, it is intended to enable citizens to retain Austrian citizenship despite acquiring a different nationality, if there is a reason for retaining it that deserves special consideration. This makes it possible to avoid extreme disruption of the private or family life of the citizen resulting from the non-acceptance of citizenship or the loss of citizenship (see Verwaltungsgerichtshof (VwGH) Ra 2018/01/0415).
It is for the maintenance applicant to explain those circumstances which constitute particular reasons why the retention of citizenship is in the interest of the Republic of Austria. It is not the task of the authority to guide an applicant in such a way as to be successful (see Verwaltungsgerichtshof (VwGH) on Ra 89/01/0119).
The VwGH has stated that an extreme impairment of private and family life in the case of the concrete feared loss of the "Green Card" and the associated impairment of the right of entry or residence in the US could be considered.
The granting of citizenship according to § 28 StbG is not a discretionary act; rather, if the requirements are met, there is a legal right for retention.
The loss of "political voice" in Austria does not affect the private and family life of the applicant (see Verwaltungsgerichtshof (VwGH) on Ra 2016/01/0058).
According to § 28 Abs. 1 Z. 1 StbG, a retention must be in the interest of the Republic of Austria because of achievements already provided or to be expected or for any other reason worthy of special consideration. The grant is therefore initially considered if the person concerned has already provided "achievements", or if he still benefits are expected. The latter requirement requires a prognosis decision; Such a prognosis is possible if the person concerned has not yet provided any "achievements" (in which case the first condition would exist anyway), but can be deduced from his behavior and abilities (education) for future benefits. Incidentally, the law contains no information as to what kind of services have to be provided and what is to be regarded as a service (see Verwaltungsgerichtshof (VwGH) on Ra 2009/01/0023).
It is not true that the long-term care needs of close relatives can not be a cause worthy of consideration within the meaning of Section 28 (2) StbG (see Verwaltungsgerichtshof (VwGH) on Ra 2009/01/0023).

Frequently Asked Questions for Dual Citizenship Austria

Q: Can I keep my current citizenship when acquiring Austrian citizenship?
A: While Austria generally requires renunciation of previous citizenship, specific exceptions exist. Our expertise lies in identifying and successfully pursuing these exceptions.

Q: How long does the Austrian dual citizenship process take?
A: Processing times vary based on the case type and authorities involved. We provide realistic timelines during your initial consultation.

Q: What documents are typically required?
A: Required documents include birth certificates, current passport, proof of residence, criminal record checks, and case-specific documentation. We provide a detailed checklist during consultation.

Q: Can children retain Austrian citizenship?
A: Yes, if it is in the best interests of the child, as assessed by the authorities

Why Choose Law Experts for Your Austrian Dual Citizenship? Dual Citizenship Austria: Expert Legal Guidance

Secure your Austrian dual citizenship with Law Experts, rated *****-Stars by over 500 clients. As leading citizenship attorneys in Austria, we provide comprehensive legal support in many languages, specializing in complex dual citizenship cases.

Why Choose Law Experts for Your Austrian Dual Citizenship?

✓ Over 15 years of experience in Austrian citizenship law
✓ Reams of successful dual citizenship applications
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✓ Specialized in Austrian-US, Austrian-UK and Austrian-Australia dual citizenship cases
✓ Multilingual support
✓ Services provided in whole of Austria with offices in Innsbruck and Vienna
✓ Personal handling by attorney Dr. Hannes Wiesflecker
✓ Limited caseload policy for maximum attention
✓ Member of the Austrian Bar Association
✓ International legal network across Europe
✓ Specialized in cross-border cases

> Find more information on our legal services regarding Austrian Citizenship here. Also check our page in German on Doppelte Staatsbürgerschaft Österreich.