Amendment Of The Citizenship Act Of 1985

Original Language Title: Änderung des Staatsbürgerschaftsgesetzes 1985

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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_I_136/BGBLA_2013_I_136.html

136. Federal Act 1985 amends the Citizenship Act

The National Council has decided:

The Citizenship Act 1985 (StbG), BGBl. No. 311, last amended by Federal Law Gazette I no. 16/2013 and the by-laws Federal Law Gazette I no. 54/2013, is amended as follows:

1. in article 6, the quote is in Z 5 "articles 58 c and 59 paragraph 1" is replaced by the quote "sections 57, 58 c and 59".

2. paragraph 7 together with the heading:

"Ancestry

Section 7 (1) children acquire citizenship at the time of birth, if at this time 1 the mother in accordance with section 143 of the General Civil Code - ABGB, DL 946/1811, citizen, 2. the father in accordance with article 144, paragraph 1 Z 1 ABGB is citizen, 3. the father is a citizen and this paternity pursuant to article 144, paragraph 1 Z 2 ABGB, recognised or 4. the father is a citizen and whose paternity pursuant to section 144 subsection 1 3 ABGB legal action was detected Z.

Acknowledgement of paternity according to no. 3 or judicial findings of paternity according to no. 4, which were made within eight weeks after the birth of the child, Act for the scope of the Nos. 3 and 4 at the time of the birth of the child.

(2) the demise of a parent who meets the conditions referred to in paragraph 1 Z 1 to 4 before the birth of the child, does not preclude the acquisition of nationality, unless this parent was a citizen on the day of his death.

(3) Notwithstanding paragraph 1 born children acquire the citizenship of the State abroad, if 1 in the time of birth is an Austrian citizen according to the law of the country of birth of mother or father of the child, and 2. they would be otherwise stateless."

3. paragraph 7a with heading:

"Legitimacy

Section 7a. (1) a minor, unmarried stranger, which was born out of wedlock and not already acquired citizenship pursuant to section 7, the nationality at the time of the marriage of his parents, or at the time of the Declaration acquires, when his father was at that time is a national or, if he died before, on the day of his death was a citizen.

(2) has the minors, unmarried stranger turns already the 14, paragraph 1 shall apply only if 1 he and his legal guardian agree to the acquisition of citizenship within three years of the marriage, or declaration, and 2 he is still single at the time of the approval.

The agreement is to explain in writing the evidence point (§ 49 para 2).

(3) if the consent referred to in paragraph 2 is denied, so she can be replaced by the Court, if the acquisition of citizenship for educational, professional or other important reasons serves the well-being of the consenting minors. Similarly, if the consenting minor has no legal representative or his legal representative is unavailable and the appointment of a legal representative encounters insurmountable obstacles; the same applies also if the consenting minor of unknown stay or is otherwise unavailable. The domestic court that to intervene would have as protective or guardianship court if the consenting minors possess the citizenship of the State is responsible. The deadline for submission of consent counts as maintained, unless before expiration, the Court was called and the mature minors is still single, when the decision of the Court comes to the body of evidence.

(4) the acquisition of citizenship under paragraph 1 extends to illegitimate children 1 the legitimate wife, or 2. the legitimate husband, provided that it meets the requirement pursuant to § 7 paragraph 1 Z 3 or 4.

Have they already reached the age of 14, so the paragraph 2 and 3 shall apply mutatis mutandis."

4. in section 8 does not apply paragraph 2 and does not apply in paragraph 3 the phrase ", paragraph 2 also for persons who were born before this date, if her father born in wedlock or illegitimate mother in the territory of the Republic has been born".

5. in article 10, paragraph 1 Z 7 is to the phrase "is sufficiently secured" the phrase "or the stranger his living from actual, by him not to which reasons permanently not or not sufficiently secure can" inserted.

6. in section 10, b is inserted after paragraph 1a 1 the following paragraph:

"(1B) cannot be held responsible, especially if this is based on a disability or permanent serious illness, where this is to prove through a medical opinion the stranger has his unsafe living."

7. in article 10, paragraph 5, the phrase is "the last three years must be demonstrated, the" by the phrase "from 36 months from the last six years prior to the application date of the strangers prove, where anyway the last claimed six months must be immediately before the date of application. During the claim period must the own income of strangers"replaced and the following last sentence is added:

"Claimed six months immediately before the application date of childcare allowance in accordance with the provisions of the child care money - KBGG, Gazette I no. 103/2001, related, so the living at least as sufficiently backed up is in the time period in which childcare allowance is received."

8 7 the following paragraph is added after paragraph 6. in article 10:

"(7) the Federal Government may adopt a regulation on proposal of the Federal Minister of the Interior, specify more detailed provisions on the procedure for obtaining a confirmation of the Federal Government in proceedings referred to in paragraph 6."

9. in Article 10a, paragraph 1 Z 2 is after the phrase "democratic order" the phrase "and the is from this derivable principles" inserted.

10. in Article 10a, paragraph 2 Z 1 is the quote after the quote '13' inserted ', 57'.

11. in Article 10a, paragraph 2 is replaced in no. 2 "a minor" by the phrase "minors minors" and it deleted the phrase "and still not compulsory are subject to" as well as 3 after the word "Health" is the phrase in Z ", in particular on the basis of language or hearing disabilities," added.

12. in Article 10a paragraph 5 Z 1, the phrase "recognize" is replaced by the phrase "or the right must be recognized".

13. in Article 10a, paragraph 6, the phrase is "Republic of Austria and" by the phrase "Republic of Austria and the is from this derivable basic principles as well as" replaced.

14. in Article 10a paragraph 6, Nos. 1 and 2 each is the quote "Federal Law Gazette II No. 571/2003" by the quote "BGBl. II No. 290/2008" replaced.

15. in section 11a the following paragraph 6 is added after paragraph 5:

"Stranger's (6) a to give citizenship to Nos. 2 to 8, par. 2 and 3, if he provides by way of derogation 1 of § 10 para 1 No. 1, proof of German language skills according to the B2 level of the common European framework of reference for languages (CEFR), or 2. He performs a verification in accordance with section 10a subsection 1 No. 1 and prove its sustainable personal integration for a legitimate and uninterrupted stay of at least six years in the Federal territory under the conditions of § 10 para 1 , in particular through a) a minimum three-year voluntary, voluntary involvement in a nonprofit organization, the the provisions of § 35 federal tax code (BAO), Federal Law Gazette No. 195/1961, corresponds to, or b) a minimum three-year pursuit of a profession in the educational, social and health services, provided that the income from it scored consistently reaches the monthly salary limit pursuant to § 5 para 2 ASVG, or c) the clothing of a function in an association or an interest group for at least three years.

The activity of the stranger with the sustainable personal integration should be shown must serve the common good in a special way and represent an integration-relevant added value for its integration in Austria. This is to establish in detail by the alien and the respective institution in the context of a written opinion."

16 the following section is inserted 11 b after § 11a:

"section 11 b. (1) a residents in the Federal territory child who has not yet aged 14 years and does not have Austrian citizenship, is to give them under the conditions of § 10 para 1 Nos. 5 and 6 on request, if has been adopted by a citizen of a child.

(2) by the requirement of the stay referred to in paragraph 1 is to refrain when the relevant choice parent demonstrably has his centre of vital interests and his constant and lawful residence for at least 12 months abroad.

(3) the award is to be made by the authority within six weeks of submission."

17. the previous content of § 12 receives the sales designation (1) and para 2 is added to the following:

"(2) a minor minor stranger is to give citizenship to Nos. 5 and 6, if 1 this at the time the application was legally established (§ 2 ABS. 2 NAG), 2nd the Vater is a citizen at the time of the birth, 3rd whose Vater paternity pursuant to article 144, paragraph 1 has been recognized Z 2 ABGB or these 3 ABGB found Z according to article 144, paragraph 1 under the conditions of § 10 para 1 , and 4. a case of section 7 is not available.


The requirement of establishment in accordance with no. 1 is to refrain when the father demonstrably has his life interests and his constant and lawful residence for at least 12 months in a foreign country."

18 paragraph 17 section 1:

"(1) the awarding of citizenship is under the conditions of article 10 paragraph 1 Z 2 to 8, to extend paragraph 2 and 3, as well as 16 para 1, no. 2 on the children of the strangers, unless the children, minors, single, and not as a result of the deprivation of citizenship pursuant to § § 32 and 33 foreigners, if 1 of the mother in accordance with § 143 ABGB, or 2. the father in accordance with article 144, paragraph 1 ABGB the citizenship is awarded."

19. According to article 17, paragraph 1, the following paragraph 1a is inserted:

"(1a) the awarding of citizenship is Z 2 to 8 under the conditions of articles 10, paragraph 1, to extend paragraph 2 and 3, as well as 16 para 1 No. 2 on the choice children of strangers, unless the children minors, single and not § 32 and 33 foreigners as a result of the deprivation of citizenship pursuant to §,."

20. in article 17, paragraph 2, the phrase is omitted "are the latter female sex and".

21. the content of the previous section 21 receives the sales designation (2) and in paragraph 2 (new) the s spelling adjusts to the new spelling as well as 1 the following paragraph is inserted:

(1) that has to be done, which is expressed through the common singing of the national anthem and the visible presence of the flags of the Republic of Austria, of the respective Federal State, and the European Union within a framework appropriate to the occasion, solemn awarding of citizenship.

22 paragraph 25:

"§ Stranger who not more underage is, lawful Nos. 2 to 6 and 8, to give citizenship to para 2 and 3 or if he was never a subject was a minor at the beginning of his lawful stay in Austria and are under the conditions of § 10 para 1 since at least 15 years and is continuously in Austria, as well as a use case 1 of § 17 para 1 existed 25 an and an extension of the award was not made ", or 2. § 12 was no. 3 and an award has been made."

23. in article 28, paragraph 2, the phrase is omitted ", which fulfil the conditions of paragraph 1 Nos. 2 and 3".

24 paragraph 29:

"(1) the loss of citizenship in accordance with § 27 extends to the children of the strangers, unless they are underage and unmarried and follow him into the foreign nationality or follow would, if they don't already have them, if 1 the mother in accordance with § 143 ABGB, or 2. the father in accordance with article 144, paragraph 1 ABGB citizenship loses, unless the other parent is still citizen." § 27 para. 3 shall apply mutatis mutandis.

(2) the loss of citizenship is the choice children of strangers, unless they are underage and unmarried and follow him into the foreign nationality or follow would cover if the choice parent loses citizenship, unless the other parent or parent choice is continue to citizens. § 27 para. 3 is to apply mutatis mutandis."

25. in article 37, paragraph 1, no. 3 is replaced the phrase "ordinary military service" by the word "military service" in litera b.

26. in article 52, the sales designation (1) is eliminated and para 2 and 3 are eliminated.

27. in article 53 is in no. 3 litera a and z 5 litera c each the phrase "the legitimate child of female sex, is also his illegitimate children are to announce" replaced by the phrase "the legitimate child is illegitimate children, if necessary, they are to announce".

28. in article 53 Z 5 will be in the litera f the phrase "of the General Civil Code - ABGB, DL No. 946/1811" replaced by the quote "LC".

29. in section 56a, paragraph 2, the word "Schreibwese" is replaced by the word "Spelling".

30. the heading of section VI is as follows:

"Acquisition of citizenship by display"

31. under article 56, 57 the following section shall be inserted:

"57. (1) a stranger acquires Nos. 2 to 6 and 8 and paragraph 2 under the conditions of § 10 para 1 Nos. 1 and 3 to 7 the citizenship, if he the authority, referring to the Federal law in writing indicating that he wrongly was treated at least in the last 15 years by an Austrian authority as a citizen and is not responsible for this." As a citizen, it is treated in particular, a proof of citizenship, passport or identity card has been issued who. The authority has written to bring the stranger the erroneous treatment as citizens and to teach him about the time limit for the display in accordance with paragraph 2. The acquisition by displaying the authority has retroactively with the day on which the stranger first falsely was treated by an Austrian authority as citizens, decision to determine.

(2) the display is within six months of the mistaken treatment referred to in paragraph 1.

(3) the period referred to in paragraph 1 shall not apply if the stranger has done the basic military service or training service or the ordinary civil service.

(4) an indication referred to in paragraph 1 can be used also during the locally competent consular authorities abroad (§ 41 para 2). It has to forward the ad to the competent authority.

(5) display and documents required for notices referred to in paragraph 1 and the procedure, in particular certificates, civil status documents and translations, are free of charge."

32. in article 59, paragraph 1, the quote is "§ 163 ABGB ' by the quote" sections 145 et seq. " ABGB"replaced.

33. According to section 59, the following section heading shall be inserted:

"Section VII

Final and transitional provisions"

34. in paragraph 60, the quote "7a para 4" is replaced by the quote "7a para 2".

35. the content of the section 61 contains the paragraph label (1) and paragraph 2 is attached to the following:

"(2) proofs of citizenship and other legal citizenship certificates issued prior to November 1, 2013, remain valid after that date."

36 shall be added after paragraph 17 following paragraph 18 to 21 the § 64a:

"(18) to born legitimate and legitimated children purchase September 1, 1983 to want to belong to Z 2 to 8, if 1 on September 1, 1983 were single and the 19th had still not reached age, 2. they were never citizens under the conditions of § 10 para 1 the citizenship through display, the Republic as a faithful citizen or lost the citizenship acquired with the birth by legitimacy and 3 the mother is a citizen and citizenship on the day" the birth of a child has possessed.

The display is to submit in writing to the authority within nine months of the entry into force of this provision. The authority has with notice to determine that the citizenship with the arrival of the display when the authority was purchased. There is no charge for the acquisition of citizenship.

(19) without prejudice to the article 57, a stranger under the conditions of § 10 para 1 Nos. 2 to 6 and 8 and paragraph 2 Nos. 1 and 3 to 7 acquires citizenship, if he the authority, referring to the Federal law in writing shows that he I no. 136/2013 at least 15 years falsely was treated before entry into force of this federal law as amended by Federal Law Gazette by an Austrian authority as citizens and had not to represent this. As a citizen, it is treated in particular, a proof of citizenship, passport or identity card has been issued who. The stranger has to persuade the erroneous treatment as citizens of the authority. The acquisition by displaying the authority has retroactively with the day on which the stranger first falsely was treated by an Austrian authority as citizens, decision to determine. The display is within six months of entry into force of this federal law as amended by Federal Law Gazette I no. 136/2013. § 57 par. 3 to 5 shall apply mutatis mutandis.

(20) §§ 6 Z 5, 7 and 7a, along with headlines, 8 para of 3, 10 para 1 Z 7 and paragraph 1 b, 5, and 7, 10a paragraph 1 Z 2, para 2 Z 1-3, para 5 Nos. 1 and 6, 11a, para. 6, 11b, 12, 17 paragraph 1 or 2, 21, 25, 28 paragraph 2, 29, 37 para 1 No. 3 , 52, 53 No. 3 lit. a and Z 5 lit. c, the heading of section VI, § § 57, 59 para 1, the heading of section VII, the § § 60, 64a paras 18 and 19 and 66 subpara 1 lit. I will take no. 136/2013 b as amended by Federal Law Gazette 1 August 2013 effect. The §§ 53 No. 5 lit. f, I will take no. 136/2013 56a (2) and 61 as amended by Federal Law Gazette 1 November 2013 effect. The §§ 8 par. 2, 52 (2) and § 66 subpara 1 lit. I contact no. 136/2013 d as amended by BGBl. expiry of the 31 July 2013 override. § 52 para 3 as amended before the Federal Law Gazette I no. 136/2013 occurs on November 1, 2013, except power.

(21) that are no. 136/2013 I orders of the Federal Act Federal Law Gazette so as to understand, that they relate to those amended by this federal law I no. 16/2013 would it received through the Federal Act Federal Law Gazette.

37. in paragraph 66, no. 1 is in lit. (b) that replaced the quote "section 7a para 3" quote "section 7a para 5" and eliminates that lit. (d).

Fischer

Faymann