Amendment Of The 1985 Citizenship Regulation

Original Language Title: Änderung der Staatsbürgerschaftsverordnung 1985

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307. Regulation of the Federal Minister for the Interior, amending the citizenship regulation in 1985

On the basis of the State Citizenship Act 1985 (StbG), BGBl. N ° 311, as last amended by the Federal Law BGBl. I n ° 136/2013 and the BGBl demonstration. I No 188/2013, shall be arranged:

The Regulation of the Federal Minister of the Interior of 31 July 1985 on the implementation of the Law on citizenship in 1985 (Citizenship Regulation 1985), Federal Law Gazette (BGBl). No 329, as last amended by the BGBl Regulation. II No 184/2011, shall be amended as follows:

1. In § 2 para. 1 Z 4, after the word "Partnership" the phrase ", proof of the recognition or judicial establishment of fatherhood" inserted.

2. In § 2 paragraph 1 Z 5, before the word order "Evidence of the" the word "if necessary" and after the word "Insurance benefits" the phrase ", proof of the receipt of child care allowance" is inserted and becomes the phrase "the period of the last three years" through the phrase "the months claimed pursuant to § 10 (5 StbG)" replaced.

3. In Section 2 (1), in Z 6 the point shall be replaced by a line-point and the following Z 7 and 8 shall be added:

" 7.

In the cases of § 11a para. 6 Z 1 StbG, proof of German language skills at least at the B2 level of the Common European Framework of Reference for Languages (GERS) in the form of a generally accepted language diploma or certificate, in particular of the following institutions:

a)

Austrian Language Diploma German;

b)

Goethe-Institut e.V.;

c)

Telc GmbH;

d)

Austrian Integration Fund;

Each institution shall, in the language diploma or certificate to be issued by it, certify in writing that the foreign language concerned shall, in accordance with the Common European Framework of Reference for Languages (GERS), have knowledge of the German language at least at the B2 level;

8.

In the cases of § 11a para. 6 Z 2 StbG, proof of a corresponding activity. "

4. § 2 is added after paragraph 2 of the following paragraph 3:

" (3) In the event of a child's application for the award or extension of the conferral of citizenship within six months of giving birth, provided that the child does not yet have a valid travel document, the requirement of presenting the Valid travel document according to paragraph 1 Z 1. "

5. In § 4, the sales designation shall be deleted "(1)" and paragraph 2.

6. § 8 (1) reads:

" § 8. (1) The documents referred to in the civic law are to be completed in accordance with the designs of the following annexes:

1.

Annex 1: communication on the conferral of citizenship without extension of the award (§ 23 para. 1 StbG);

2.

Annex 2: notification of the granting of citizenship with the extension of the award (§ 23 para. 1 StbG);

3.

Annex 3: A communication with which a citizen is granted the maintenance of citizenship in the event of a foreign nationality (§ 28 StbG);

4.

Annex 4: Confirmation of the departure from the Austrian State Association in the case of the acquisition of a foreign nationality (Section 30 (1) StbG);

5.

Annex 5: notification of the loss of citizenship as a result of waiver (Section 38 (3) of the StbG);

6.

Annex 6: Proof of citizenship (§ 44 StbG);

7.

Annex 8: notification of the re-acquisition of citizenship by advertisement (Section 58c (2) StbG);

8.

Annex 8a: notification of the acquisition of citizenship by means of notification, unless another model is applicable in accordance with the provisions of this Regulation;

9.

Annex 8b: notification of the acquisition of citizenship by advertisement in accordance with § § 57, 64a (18) and (19) StbG. "

7. The previous content of § 18 receives the sales designation "(1)" and shall be replaced in paragraph 1 (new) in Z 25 by a stroke point, and the following Z 26 to 33 shall be added:

" 26.

Ancestry of mother and father after 31 July 2013:

a)

Acquisition by the mother pursuant to Section 7 (1) (1) (1) (1) of the Law of the Citizenship Act 1985 in the version BGBl. I n ° 136/2013 and acquisition by the Father pursuant to Section 7 (1) (2) of the Law of the Citizenship Act 1985 in the version BGBl. I n ° 136/2013: the personal data and the evidence congregation of the mother and father; the date of marriage and the registration office; the documents, on the basis of which the evidence point was deemed to have proved that the mother and the father in the at the time of the birth of the child or at the time of their previous life, the nationality of each of them has been subject to the law;

b)

Acquisition by the mother pursuant to Section 7 (1) (1) (1) (1) of the Law of the Citizenship Act 1985 in the version BGBl. I n ° 136/2013 and acquisition by the Father pursuant to Section 7 (1) (3) of the Law of the Citizenship Act 1985 in the version BGBl. I n ° 136/2013: the personal data and the evidence congregation of the mother and father; the date of the paternity recognition; the documents, on the basis of which the evidence point was deemed to have been shown to have proved that the mother and the father at the time of the the birth of the child or, at the time of his/her previous life, the nationality of each of the children;

c)

Acquisition by the mother pursuant to Section 7 (1) (1) (1) (1) of the Law of the Citizenship Act 1985 in the version BGBl. I n ° 136/2013 and acquisition by the Father pursuant to Section 7 (1) (4) of the Law of the Citizenship Act 1985 in the version BGBl. I n ° 136/2013: the personal data and the evidence congregation of the mother and father; the date and the number of business of the judicial establishment of the paternity; the documents, on the basis of which the evidence point has been deemed to have been shown to have proved that the Mother and the father, at the time of the birth of the child or at the time of their previous life, each possessed citizenship;

27.

Ancestry of the mother after 31 July 2013:

a)

Acquisition according to the married mother pursuant to Section 7 (1) (1) (1) (1) of the Law of the Citizenship Act 1985 in the version BGBl. I n ° 136/2013: the mother's personal data and the evidence community; the father's personal data; the date of marriage and the registration office; the documents on the basis of which the evidence point was deemed to have proved that the mother was in the the date of the birth of the child or, at the time of his/her previous experience, the nationality of the child has been possessed;

b)

Acquisition by the unmarried mother in accordance with Section 7 (1) (1) (1) (1) of the Law of the Citizenship Act 1985 in the version BGBl. I No 136/2013: the personal data and the evidence community of the mother; the documents, on the basis of which the evidence point was deemed to have been shown to be the mother at the time of the birth of the child or at the time of the child's previous life has been given citizenship;

28.

Ancestry of the father after 31 July 2013:

a)

Acquisition by the Father pursuant to Section 7 (1) (2) of the State Citizenship Act 1985, as amended by the Federal Law Gazette (BGBl). I n ° 136/2013: the father's personal data and the evidence congregation; the mother's personal data; the date of marriage and the registration office; the documents, on the basis of which the evidence point was deemed to have been shown to be the case in the the date of the birth of the child or, at the time of his/her previous experience, the nationality of the child has been possessed;

b)

Acquisition according to the father pursuant to Section 7 (1) (3) of the Law of the Citizenship Act 1985 in the version BGBl. I n ° 136/2013: the father's personal data and the evidence congregation; the date of the paternity recognition; the documents, on the basis of which the evidence point was deemed to have been shown to have proved that the father at the time of the birth of the child or in the the date of his/her prior experience of having been granted citizenship;

c)

Acquisition by the Father pursuant to Section 7 (1) (4) of the Law of the Citizenship Act 1985 in the version BGBl. I n ° 136/2013: the father's personal data and the evidence congregation; the date and the number of business of the judicial establishment of the paternity; the documents, on the basis of which the evidence point was deemed to have been shown to have proved that the father was in the the date of the birth of the child or, at the time of his/her previous experience, the nationality of the child has been possessed;

29.

Descent after 31 July 2013 by acquisition in accordance with Section 7 (3) of the German Citizenship Act 1985 in the version BGBl. I n ° 136/2013: the documents, on the basis of which the evidence point was deemed to have proved that the child was born abroad; the personal data and the evidence community of the mother or father; the documents, on the basis of which the evidence point was , it has been shown that an Austrian citizen is, in accordance with the law of the country of birth, the mother or father of the child; the documents, on the basis of which the evidence point has been deemed to have been shown to have been proven, that the child should not be nationality would be stateless;

30.

Legitimation after 31 July 2013 according to § 7a of the citizenship law 1985 in the version BGBl. I No 136/2013:

a)

Legitimation of an underage, leach stranger, who is the 14. It has not yet completed the following year: the personal data and the evidence community of the father; the date of the marriage of the parents and the registration office, provided that the child has been declared by the Federal President's resolution for ehelich, the the date of this resolution; the documents, on the basis of which the evidence point has been deemed to have been shown to have had the nationality of the father at the time of the birth of the child or at the time of his/her previous life;

b)

Legitimation of an underage, leach stranger, who is the 14. The following year of life has already been completed: the according to lit. (a) the necessary information; the necessary declarations of consent, including the date of their entry at the evidence point; the court, where appropriate, which has replaced a declaration of consent, the date and the number of business of the decision of the Courts and the date of their arrival at the evidence point; the circumstances, on the basis of which the evidence point was deemed to have proved that the legitimated at the time of the arrival of the last of the required consent declarations The Day of the Citizenship of the Citizenship;

c)

The extension of the legitimation to illegitimate children: the fact that the citizenship in accordance with § 7a (4) of the citizenship law in 1985 as amended by the Federal Law Gazette (BGBl). I n ° 136/2013; the staff data and the evidence community of the legitimate wife or the legitimate man, the community of the grandfather, which according to lit. (a) and (b) required information on the grandparents; the circumstances, on the basis of which the evidence point was deemed to have proved to be that the illegitimate child of the legitimate wife or the legitimate man at the time of the arrival of the last of the -the necessary declarations of consent were still to be found;

31.

Conferral of citizenship in accordance with § § 11a (6), (11b) (1), (2) and (25) of the German Citizenship Act 1985 in the version BGBl. I n ° 136/2013 as well as the extension of the conferral of citizenship in accordance with Section 17 (1) Z 1 and 2 of the German Citizenship Act 1985 in the version BGBl. I n ° 136/2013: the State Government which granted citizenship and the date and number of business of the lending certificate; the Day of the Citizenship;

32.

Display in accordance with § § 57 (1) or 64a (19) of the Law of the Citizenship Act 1985 in the version BGBl. I n ° 136/2013: the Land Government, which issued the letter of determination on the acquisition of citizenship, and the date and number of business; the date of the retroactive acquisition of citizenship;

33.

Advertisement pursuant to Section 64a (18) of the German Citizenship Act 1985 in the version BGBl. I n ° 136/2013: the Land Government, which issued the notice of determination on the acquisition of citizenship, the date and the number of business; the personal data and the evidence community of the mother; the circumstances, on the basis of which the Evidence point considered to have been proven that the child was born before 1 September 1983 and was unmarried at that time, and the 19. "The Day of the Citizenship of the Citizenship".

8. In § 18, the following paragraph 2 is added in accordance with paragraph 1:

" (2) If a knowledge of the State Administrative Court is relevant for the acquisition of citizenship, the evidence body shall have the Landesverwaltungsgericht (Regional Administrative Court), which issued the recognition, as well as the date and the business number in the Civic citizenship should be recorded. "

9. In the headings relating to § § 25, 28, 29, 30 and 32, the turn-of-the-turn shall be omitted. " 1 " .

10. In Section 25 (1), in Z 6 the point shall be replaced by a line-point and the following Z 7 shall be added:

" 7.

Extension of the loss of citizenship in accordance with § 29 (1) and (2) of the citizenship law in 1985 as amended by BGBl. I n ° 136/2013: the State Government, which issued the confirmation of the departure from the State Association, as well as the date and the number of business of the confirmation; the date of the departure from the State Association. "

11. § 33 together with the title shall be deleted.

12. § 40 is added in accordance with Section 3 of the following paragraph 4:

" (4) § 2 (1) Z 4, 5, 7 and 8 as well as (3), § § 4, 8 (1), 18 (1) and 2, the headings relating to § § 25, 28, 29, 30 and 32 and § 25 (1) Z 6 and 7 as well as Annex 8b in the version of the regulation of the Federal Minister for Home Affairs BGBl. II No 307/2013 shall enter into force at the end of the day of the presentation of this Regulation. § § 4 (2) and (33), together with the title, as well as annexes 7 and 11 in the version prior to the regulation of the Federal Minister of the Interior BGBl. II No 307/2013 shall expire at the end of the day of the presentation of this Regulation. Annexes 1 to 3, 5, 8 and 8a in the version of the Regulation of the Federal Minister of the Interior BGBl. II No 307/2013 are due to 1. Jänner 2014 in force. § 8 (1) Z 9 and Annex 8b in the version of the Regulation of the Federal Minister of the Interior BGBl. II No 307/2013 shall expire on 31 December 2013. '

13. Appendixes 1 to 3, 5, 8 and 8a are:

(see annexes)

14. The systems 7 and 11 are omitted.

15. The following Annex 8b shall be inserted after Annex 8a:

(see Annex)

Mikl-Leitner