39. Ordinance of the Federal Government on the procedure for obtaining a confirmation pursuant to § 10 (6) of the German Citizenship Act 1985
On the basis of § 10 (7) of the German Citizenship Act 1985 (StbG), Federal Law Gazette (BGBl). No. 311/1985, as last amended by the Federal Law BGBl. I n ° 136/2013 and the BGBl demonstration. I No 188/2013, shall be arranged:
Obligation to make a reference
§ 1. (1) In a procedure for the award of citizenship pursuant to Section 10 (6) of the StbG for the purpose of obtaining a confirmation from the Federal Government, the Land Government has arranged the administrative act in copy, ordered and following a confirmation by the Federal Government. File directory, to be submitted to the Federal Minister for Home Affairs.
(2) The submission of the administrative act shall be effected only if the conditions pursuant to Section 10 (1), (2) to (6) and (8) and (2) of the StbG are available and the circumstances relevant for the decision have been raised.
§ 2. (1) The Federal Minister for the Interior shall have a copy of the substantiated request of the foreigner on the award of the citizenship together with the corresponding evidence to assess whether the award of the citizenship is due to the fact that the foreign is already shall be forwarded to the competent Federal Minister or, where appropriate, to the relevant Federal Ministers, in the special interest of the Republic, which is to be expected.
(2) It shall be the responsibility of the Federal Minister of the Interior to carry out the assessment in accordance with paragraph 1 of this Article.
(3) If a stranger who has submitted an application for the award of citizenship pursuant to § 10 paragraph 6 StbG does not have a main residence in Austria, the parts of the Act pursuant to para. 1 shall also be addressed to the Federal Ministry of the Interior by the Federal Minister for Europe, Integration and Outer Affairs for the assessment pursuant to paragraph 1.
(4) The Federal Ministers concerned with the assessment shall have a reasoned opinion for each individual case and shall forward them to the Federal Minister for Home Affairs. The opinion shall state the main reasons for the assessment, in particular with regard to the assessment of the exceptional performance already provided by the stranger and to be expected, and the reasons why a The granting of citizenship is in the special interest of the Republic. Furthermore, it must be clear from the opinion whether the respective Federal Minister is in favour of the granting of citizenship to the stranger or not. If further clarification is required, the Federal Minister of the Interior may refer the matter to the Federal Minister of the Federal Republic of Germany who has already been dealt with again or another Federal Minister.
(5) The Federal Ministers concerned with the assessment may also seek expert expert advice from experts in the respective subject field in order to form an opinion on each individual case.
Preparation of administrative files
§ 3. The Federal Minister of the Interior shall prepare the administrative act, taking into account the comments received pursuant to § 2 para. 4, a decision and shall draw up a duly substantiated recommendation for the decision of the Federal Government.
Decision of the Federal Government
§ 4. The Federal Government decides on a regular basis, at least once in the calendar half-year, on the granting or non-issuing of a confirmation in accordance with § 10 paragraph 6 StbG in the individual cases prepared pursuant to § 3 decision-making.
Transfers of decisions
§ 5. (1) The Federal Government's decision to grant or not to grant a confirmation is to be forwarded by the Federal Minister of the Interior without delay to the respective State Government.
(2) The respective Land Government shall forward a copy of the decision-making decision to the Federal Minister for the Interior.
§ 6. As far as natural persons referred to in this Regulation are referred to in the male form, they shall refer to women and men in the same way. In applying the name to certain natural persons, the gender-specific form shall be used.
entry into force
§ 7. This Regulation shall enter into force at the end of the day of the customer's agreement.
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