AUSTRIA Law and Practice Contributed by: Clemens Philipp Schindler and Katharina Schindler, Schindler Attorneys
• sufficient financial means/secure income; • no criminal record; • sufficient knowledge of the German language; and • a positive attitude towards the Republic of Austria. EU citizens may apply for citizenship after six years of permanent residence in Austria. The Austrian Citizenship Law ( Staatsbürgerschaftsre- cht ) has undergone some changes in 2025, including the following. • German proficiency has been raised to B2 as a minimum; B1 will no longer suffice. A mandatory citizenship course (via ÖIF) focusing on democracy, European values and equality will be introduced. • Stricter revocation rules are under review – the criteria for losing citizenship (eg, due to certain offences) may be expanded, although details remain under discussion. • Repeated minor administrative violations (eg, park - ing or speeding fines) will no longer automatically block citizenship applications. Dual Citizenship In general, Austria does not support dual citizenship: whoever acquires Austrian citizenship by conferral is generally obliged to withdraw their former foreign citi - zenship. If the previous home law does not provide for the automatic loss of citizenship upon the acceptance of Austrian citizenship, Austrian citizenship is first granted. In order to finally obtain Austrian citizenship, the person concerned generally has to renounce their previous citizenship within two years, during which time the original proof of leaving the previous national - ity (certificate of discharge) has to be submitted to the competent Austrian authority. Austria may waive the obligation to withdraw the for - mer citizenship but only if the granting of Austrian citizenship is in the special interest of the Republic of Austria due to the extraordinary achievements already made by the foreigner and still to be expected from them. 7.2 Expeditious Citizenship Pursuant to Section 10 (6) of the Austrian Citizenship Act, citizenship may be granted to a foreigner regard -
less of the residence period spent in Austria if the fed - eral government confirms that the granting of citizen - ship is in the special interest of the Republic of Austria due to the extraordinary achievements already made by the foreigner and still to be expected from them. Extraordinary achievements are only those that are currently far above the average in the respective field. Furthermore, the granting of citizenship on the basis of these achievements has to serve the special inter - est of Austria to an extraordinary extent. Such extraordinary achievements may be in the sci - entific, economic, sporting or artistic fields; examples include the acquisition or creation of a business with high economic performance or the creation and safe - guarding of jobs in Austria on a relevant scale. 8. Planning for Minors, Adults with Disabilities and Elders 8.1 Special Planning Mechanisms In inheritance proceedings involving minors as heirs or forced heirs, mandatory guardians are appointed by the court to safeguard the minors’ rights if a conflict of interest is given – eg, conflicting inheritance rights between the surviving spouse and the minor children. Bankable assets owned by minors have to be invest - ed and managed in accordance with special legal requirements (Section 215 et seq of the Austrian Civil Code) in order to avoid the risk of loss. Extraordinary investment decisions as well as management deci - sions regarding the property of minors have to be approved by the competent family court. Furthermore, preliminary and posterior heirship may be stipulated in a last will. The appointed pre-heir receives the estate but typically only has the right to usufruct regarding the assets of the estate. Such structure may be used in order to protect the estate until a minor heir is of age. The same legal measures may be used if an intellectu - ally disabled adult is involved. The establishment of a private foundation with the purpose of safeguarding
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