Amendment Of The Citizenship Act Of 1985

Original Language Title: Änderung des Staatsbürgerschaftsgesetzes 1985

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136. Federal law amending the citizenship law in 1985

The National Council has decided:

The State Citizenship Act 1985 (StbG), BGBl. N ° 311, as last amended by the Federal Law BGBl. I n ° 16/2013 and the BGBl demonstration. I n ° 54/2013, shall be amended as follows:

1. In § 6, in Z 5, the quote "§ § 58c and 59 (1)" by quoting "§ § 57, 58c and 59" replaced.

2. § 7 together with the title is:

" Ancestry

§ 7. (1) Children acquire citizenship with the date of birth, if at this point in time

1.

the mother, according to § 143 of the General Civil Code-ABGB, JGS 946/1811, is a citizen,

2.

the father is a citizen of the Civil Code pursuant to § 144 (1) (1) (1)

3.

the father is a citizen and has recognized the paternity according to § 144 (1) (2) of the ABGB (German Civil Code), or

4.

the father is a citizen and whose fatherhood has been determined in accordance with Section 144 (1) (3) of the ABGB (German Civil Code).

Paternity findings according to Z 3 or judicial findings of paternity according to Z 4, which have been carried out within eight weeks after the birth of the child, have an effect on the scope of Z 3 and 4 with the date of birth of the child. Child.

(2) The death of a parent who satisfies the conditions laid down in paragraphs 1, Z 1 to 4 before the birth of the child shall not prevent the acquisition of citizenship if that parent was a citizen on the day of his/her death.

(3) Without prejudice to paragraph 1, children born abroad shall acquire citizenship if:

1.

at the time of birth, an Austrian citizen is, in accordance with the law of the country of birth, the mother or father of the child, and

2.

they would otherwise be stateless. "

3. § 7a together with the title is:

" Legitimation

§ 7a. (1) A minor, unmarried stranger who was born illegitimate and has not already acquired citizenship in accordance with § 7, acquires citizenship at the time of marriage of his or her parents or at the time of the marriage declaration, if his father is a citizen at that time, or, if he died before, was a citizen on the day of his death.

(2) Has the minor, ledige stranger the 14. Age already completed, paragraph 1 shall apply only if:

1.

he and his legal representative agree to the acquisition of citizenship within three years from the date of marriage or the marriage declaration, and

2.

he is still unmarried at the time of approval.

The approval is to be explained in writing to the evidence point (§ 49 para. 2).

(3) If the consent in accordance with paragraph 2 is refused, it may be replaced by the court if the acquisition of citizenship for educational, professional or other important reasons serves the well-being of the responsible minor. The same applies if the person responsible for the child has no legal representative or if his legal representative cannot be reached and the appointment of a legal representative encounters insurmountable obstacles; the same shall also apply if the person concerned is not responsible for the legal representation of the person. You may not be able to stay for a minor or otherwise unknown stay. The national court, which would have to intervene as a guardianship or a parish court, is the competent national court if the person responsible for the oral proceedings had the nationality of the person. The time limit for the submission of the consent shall be deemed to have been respected, provided that the court has been called before the court has expired and the person responsible for the oral proceedings is still unmarried if the court of evidence is to take the decision of the court of law.

(4) The acquisition of citizenship as referred to in paragraph 1 shall apply to illegitimate children

1.

the legitimate woman, or

2.

of the legitimate man, provided that he meets the condition laid down in Article 7 (1) (1) (3) or (4).

Do you have the 14? As already completed, the provisions of paragraphs 2 and 3 shall apply mutaly. "

4. In § 8, paragraph 2 is deleted and the word order is deleted in paragraph 3. " (2) also for persons who were born before that day, if their married father or mother was born in the territory of the Republic " .

5. In § 10 paragraph 1 Z 7, after the phrase "sufficiently secured" the phrase "or the stranger may not permanently or insufficiently secure his subsisting from actual reasons which he does not justifiably have to represent" inserted.

6. In § 10, the following paragraph (1b) is inserted:

"(1b) The foreigner shall not be responsible for his unsecured livelihood, in particular if the person is based on a disability or on a permanent serious illness, this being proved by a medical opinion."

7. In Section 10 (5), the phrase "of the last three years, the" through the phrase " of 36 months from the last six years prior to the date of application by the stranger, and in any case the last six months claimed must be immediately before the date of submission of the application. In the period claimed, the own income of the stranger must " shall be replaced and the following last sentence shall be added:

" In the last six months immediately before the application date, child care allowance shall be paid in accordance with the provisions of the Child Care Money Act-KBGG, BGBl. I No 103/2001, in the period in which the allowance is made for childcare allowance, the livelihood is considered to be sufficiently secure. '

8. § 10 is added in accordance with paragraph 6 of the following paragraph 7:

"(7) The Federal Government may, on a proposal from the Federal Minister of the Interior, adopt a regulation laying down detailed provisions on the procedure for obtaining a confirmation from the Federal Government in proceedings pursuant to paragraph 6."

9. In Section 10a (1) Z 2, after the phrase "Democratic order" the phrase "and the basic principles that can be derived from this" inserted.

10. In Section 10a (2) (1) (1), after the quotation "13" the citation " , 57 " inserted.

11. In Section 10a (2), the word in Z 2 shall be: "minor" through the phrase "Inmutable Minor" replaced, and the word sequence is deleted "and not yet subject to general compulsory schooling" as well as the phrase "health status" in Z 3 will be " , in particular also due to speech or hearing impairments, " inserted .

12. In Section 10a (5) (1), the word order shall be "must be recognized" through the phrase "or the right to be recognized" replaced.

13. In Section 10a (6), the phrase "Republic of Austria and" through the phrase "Republic of Austria and the basic principles that can be derived from it, as well as" replaced.

14. In § 10a (6) (1) and (2), the citation shall be " BGBl. II No 571/2003 by quoting " BGBl. II No 290/2008 " replaced.

15. In § 11a, the following paragraph 6 is added:

" (6) After a lawful and uninterrupted stay of at least six years in the Federal territory, a foreign person shall be granted citizenship under the conditions set out in Article 10 (1) (2) (2) to (8), (2) and (3) if:

1.

, by way of derogation from § 10a (1) Z 1, provide proof of German language skills according to the B2 level of the Common European Framework of Reference for Languages (GERS), or

2.

it provides proof in accordance with § 10a (1) (1) (1) and provides proof of its sustainable personal integration, in particular by:

a)

A voluntary, voluntary commitment of at least three years in a non-profit-making organisation which is subject to the provisions of Section 35 of the German Federal Tax Code (BAO), BGBl. No 195/1961, or

b)

at least three years ' exercise in the education, social or health care sector, provided that the income derived therefrom has consistently reached the monthly de minimis limit in accordance with Article 5 (2) of the ASVG, or

c)

the clothing of a function in an association of interests or a representation of interests for at least three years.

The work of the foreign, with which sustainable personal integration is to be proven, must serve the common good in a special way and represent an integrationrelevant added value for its integration in Austria. This shall be explained in detail by the stranger and the institution concerned within the framework of a written opinion. "

16. In accordance with § 11a the following § 11b is inserted:

" § 11b. (1) A child who is resident in the territory of the Federal Republic of Germany, who is the 14. If it is not yet completed and the Austrian citizenship does not possess it, it must be granted on request under the conditions laid down in Article 10 (1) (5) and (6) if it has been accepted by a citizen of the child.

(2) The requirement to stay in accordance with paragraph 1 shall be due to the fact that the relevant electoral parent has been shown to have the centre of the life interests and his/her permanent and lawful stay abroad for at least twelve months.

(3) The award shall be made by the Authority within six weeks from the date of application. "

17. The previous content of § 12 receives the sales designation "(1)" and shall be added to the following paragraph 2:

" (2) To be granted citizenship under the conditions laid down in Article 10 (1) Z 5 and 6 shall be granted to an unmuddy underage foreign, if:

1.

it was legally established at the time the application was submitted (§ 2 para. 2 NAG),

2.

whose father, at the time of birth, is a citizen,

3.

whose father has recognised the fatherhood pursuant to Section 144 (1) (2) of the German Civil Code (ABGB) or which has been established pursuant to Section 144 (1) (3) of the ABGB, and

4.

a case of § 7 is not available.

The requirement of establishment in accordance with Z 1 shall be subject to the requirement that the father has the centre of his life interests and his/her permanent and lawful residence abroad for at least twelve months. "

18. § 17 (1) reads:

" (1) The conferral of citizenship is subject to the conditions of § § 10 (1) Z 2 to 8, para. 2 and 3 and 16 para. 1 Z 2 on the children of the foreigner, if the children are underage, unmarried and not as a result of the withdrawal of citizenship in accordance with § § 32 and 33 of the foreign law, shall be extended if:

1.

the mother according to § 143 ABGB, or

2.

the father according to § 144 (1) ABGB

is to be granted citizenship. "

19. According to Article 17 (1), the following paragraph 1a is inserted:

" (1a) The granting of citizenship is subject to the conditions of § § 10 (1) Z 2 to 8, para. 2 and 3 as well as 16 para. 1 Z 2 on the elective children of the foreigner, provided that the children are minors, ledig and not as a result of the withdrawal of the Citizenship in accordance with § § 32 and 33 are to be extended. "

20. In Section 17 (2), the word order shall be deleted "the latter are female sex and" .

21. The content of the previous § 21 is given the sales designation "(2)" and shall be adjusted in paragraph 2 (new) to the new spelling as well as the following paragraph 1 shall be inserted:

" (1) The award of citizenship shall be effected on a formal framework appropriate to this occasion, the framework of which is the joint audition of the Bundeshymne and the visible presence of the flags of the Republic of Austria, the respective Federal Republic of Germany, and the European Union is being given expression. "

22. § 25 reads:

" § 25. Under the conditions laid down in § 10 (1) Z 2 to 6 and 8, para. 2 and 3, a stranger who is no longer a minor is to be granted citizenship if he was never a citizen, at the start of his legal stay in Austria has been a minor and has been legally and uninterrupted in Austria for at least 15 years, as well as a use case

1.

of the provisions of Section 17 (1) and the extent of the award of the award was not made; or

2.

§ 12 Z 3 was not awarded and a presentation was not made. "

23. In Section 28 (2), the word order shall be deleted " , which satisfy the conditions laid down in paragraph 1 (1) (2) and (3) .

24. § 29 reads:

" (1) The loss of citizenship in accordance with § 27 extends to the children of the stranger, provided that they are minors and are unmarried and would follow or follow him from law to foreign nationality if they do not already , if:

1.

the mother according to § 143 ABGB, or

2.

the father according to § 144 (1) ABGB

the citizenship loses, unless the other parent continues to be a citizen. Section 27 (3) shall apply mutatily.

(2) The loss of citizenship shall be extended to the elective children of the stranger, provided that they are minors and single and would follow or follow him from the right to be a foreign nationality, if the elective part of the elective part is Citizenship loses, unless the other parent or electoral parent continues to be a citizen. Article 27 (3) shall apply mutatily. "

25. In § 37 (1) (3), the word sequence shall be referred to in litera b "Full Presenter Service" by the word "Grundwehrdienst" replaced.

26. In § 52, the sales designation shall be deleted "(1)" and paragraphs 2 and 3 are eliminated.

27. In § 53, in Z 3 litera a and in Z 5 litera c the word sequence "If the legitimate child is a female child, then, if necessary, his/her illegitimate children shall also be disclosed" through the phrase "if the legitimate child has unmarried children, they shall, if necessary, also be made known" replaced.

28. In § 53 Z 5, in the literature, the word sequence "The General Civil Code-ABGB, JGS No. 946/1811" by quoting "ABGB" replaced.

29. In Section 56a (2), the word shall be: "Write Wese" by the word "spelling" replaced.

30. The title of section VI reads:

"Acquisition of citizenship by advertisement"

31. In accordance with § 56, the following § 57 is inserted:

" § 57. (1) A stranger shall acquire citizenship under the conditions of § 10 (1) (2) to (6) and (8) and (2) (2) (2) and (3) to (7) if he indicates to the Authority in writing, with reference to this federal law, that he or she shall at least in the last 15 years It has been incorrectly treated as a citizen by an Austrian authority and has not been responsible for this. In particular, the citizen shall be treated with a certificate of citizenship, passport or identity card. The authority shall inform the foreign person of the falsified treatment as a citizen in writing and shall inform him of the time limit for notification in accordance with paragraph 2. The Authority has been informed of the acquisition by means of a notification with retroactive effect on the date on which the stranger was first treated falsely by an Austrian authority as a citizen.

(2) The advertisement shall be submitted within six months from the date of knowledge of the falsification of the treatment provided for in paragraph 1.

(3) The period referred to in paragraph 1 shall not apply if the foreign person has provided the basic service or training service or the ordinary civil service.

(4) An ad according to paragraph 1 may also be submitted to the local competent representative office abroad (§ 41 para. 2). The latter shall forward the notification to the competent authority.

(5) Ads and records in accordance with paragraph 1 and documents to be provided in the proceedings, in particular certificates, civil status documents and translations, shall be free of charge. "

32. In § 59 (1) the quote shall be "§ 163 ABGB" by quoting § § 145 et seq. ABGB " replaced.

33. In accordance with § 59, the following section heading is inserted:

" Section VII

Closure and transitional provisions "

34. In § 60, the quote "7a (4)" by quoting "7a (2)" replaced.

35. The content of § 61 contains the sales designation "(1)" and shall be added to the following paragraph 2:

"(2) State citizenship certificates and other confirmations of citizenship issued before 1 November 2013 shall remain valid even after that date."

36. The following paragraphs 18 to 21 are added to § 64a according to paragraph 17:

" (18) married and legitimate children born before 1 September 1983 under the conditions laid down in § 10 (1) (2) (2) to (8) acquire citizenship by means of an indication to belong to the republic as a true citizen, if:

1.

they were unmarried on 1 September 1983, and the 19. have not yet completed their life,

2.

they have never been a citizen or have lost the citizenship acquired with the birth by legitimation, and

3.

the mother is a citizen and has the citizenship also on the day of the birth of the child.

The notification shall be submitted in writing to the Authority within nine months from the date of entry into force of this provision. The Authority shall state that citizenship has been acquired with the date of the notification of the complaint to the Authority. This acquisition of citizenship is free of charge.

(19) Without prejudice to § 57, a stranger shall acquire citizenship under the conditions laid down in § 10 (1) Z 2 to 6 and (8) and (2) (2) and (3) to (7) if he indicates to the Authority in writing, with reference to this Federal Law, that he/she shall be Entry into force of this Federal Law in the version BGBl. I n ° 136/2013 was at least 15 years old and was wrongly treated as a citizen by an Austrian authority and had not been responsible for this. In particular, the citizen shall be treated with a certificate of citizenship, passport or identity card. The stranger has to make the falsified treatment as a citizen of the authority credible. The Authority has been informed of the acquisition by means of a notification with retroactive effect on the date on which the stranger was first treated falsely by an Austrian authority as a citizen. The advertisement shall be displayed within six months from the entry into force of this Federal Law in the version BGBl. I No 136/2013. Section 57 (3) to (5) shall apply mutatily.

(20) § § 6 Z 5, 7 and 7a with headings, 8 para. 3, 10 para. 1 Z 7 and para. 1b, 5 and 7, 10a para. 1 Z 2, para. 2 Z 1 to 3, para. 5 Z 1 and para. 6, 11a para. 6, 11b, 12, 17 para. 1 to 2, 21, 25, 28 para. 2, 29, 37 para. 1 Z 3, 52, 53 Z 3 lit. a and Z 5 lit. c, the title of section VI, § § 57, 59 (1), the title of section VII, § § 60, 64a (18) and (19) and 66 (1) (1) lit. b in the version BGBl. I N ° 136/2013 will enter into force on 1 August 2013. § § 53 Z 5 lit. f, 56a para. 2 and 61 in the version BGBl. I N ° 136/2013 will enter into force on 1 November 2013. § § 8 (2), 52 (2) and § 66 (1) (1) (lit). d in the version before the BGBl. I N ° 136/2013 will expire on 31 July 2013. Section 52 (3) in the version before the BGBl. I N ° 136/2013 will not enter into force on 1 November 2013.

(21) The orders of the Federal Law BGBl. I n ° 136/2013 are to be understood in such a way that they refer to the version of this Federal Law, which it is subject to by the Federal Law BGBl. I n ° 16/2013 would be obtained. "

37. In § 66 Z 1 in lit. b the citation "§ 7a (5)" by quoting "§ 7a (3)" is replaced as well as the lit. d.

Fischer

Faymann