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Amendment Of The 1985 Citizenship Regulation

Original Language Title: Änderung der Staatsbürgerschaftsverordnung 1985

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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 ° 135/2009, shall be:

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. No 982/1994, shall be amended as follows:

1. The previous § § 1 to 36 receive the paragraphs 5 to 40 and the following § § 1 to 4 together with the headings are inserted:

" To § 19 StbG

§ 1. (1) The original and copy of the documents and evidence required for the granting or extension of the award of the citizenship shall be submitted to the Authority in the original and in the copy.

(2) The Authority shall examine the submitted copies to be included in the application for their full compliance with the original and shall confirm this with a note on the copy.

(3) On request of the Authority, documents and evidence not written in German are to be submitted in addition to the German translation in a translation into German.

(4) certificates and evidence shall be submitted in a certified manner, at the request of the Authority, in accordance with the relevant provisions in force.

§ 2. (1) The following documents and evidence shall be attached to the application for the award or extension of the nationality of the State:

1.

valid travel document (§ 2 para. 4 Z 4 and 5 FPG);

2.

birth certificate or a document which is equivalent to that document;

3.

Current photograph of the applicant (from 3.5 x 4.5 cm to 4.0 x 5.0 cm);

4.

if necessary, a marriage certificate, a certificate of divorce, Certificate of partnership, certificate of the dissolution of the registered partnership, Certificate of acceptance of the child's child, proof or certificate of the relationship of the family, death certificate, proof of name change;

5.

Proof of the secured livelihood, in particular payslip, wage confirmations, service contracts, labour law subcontracts, confirmations on pension, pension or other insurance benefits and proof of own assets in sufficient height. This evidence shall be provided for the period of the last three years. Where the applicant is based on the performance of a third party, proof of such performance shall be established by the third party in each case;

6.

In the cases of Section 11a (2) (1) and (2) of the StbG, proof of the service relationship and the duty of the Austrian citizen, in particular the service contract.

(2) The submission of documents and evidence in accordance with paragraph 1 (1), (2) and (4) may be waiver if it is shown that the procurement of such documents is not possible and that the identity of the applicant can be determined on the basis of other non-safe documents, where, in particular, procedures in accordance with § 5 StbG may be used for the assessment of safety.

§ 3. Applications for the award and extension of the conferral of citizenship in accordance with § 19 StbG shall be submitted to the Authority in writing or in writing, in particular by means of application forms laid out by the authorities.

To § § 22 and 23 StbG

§ 4. (1) In the case of Section 22 (4) of the StbG (StbG), a copy of the transcript shall be issued to the stranger before the award ceremony or the extension of the award of the citizenship.

(2) If the foreigner places the pledge orally and the communication is handed to him afterwards (Section 23 (3), first sentence, StbG), this must be done in a solemnly dignified manner, which is appropriate for this occasion. "

2. In § § 7 (1) (new) and 39 (1) the citation shall be "§ 64 StbG" by quoting "§ 63c paragraph 2 StbG" replaced.

3. § 8 (1) and (2) (new) reads:

" (1) The documents referred to in the following are to be completed in accordance with the models of Appendixes 1 to 8a;

Annex

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

Annex

2: the communication on the conferral of citizenship with the extension of the award (§ 23 para. 1 StbG);

Annex

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

Annex

4: the confirmation of the departure from the Austrian State Association in the case of the acquisition of a foreign nationality (§ 30 para. 1 StbG);

Annex

5: the communication on the loss of citizenship as a result of waiver (§ 38 para. 3 StbG);

Annex

6: the citizenship certificate (§ 44 StbG);

Annex

7: the communication on the acquisition of citizenship by means of the indication of the grounds of residence (§ 58c paragraph 2 StbG);

Annex

8: the communication on the repurchase of citizenship by advertisement (§ 58c paragraph 2 StbG);

Annex

8a: the communication on the acquisition of citizenship by advertisement in accordance with § 59 of the German Citizenship Act 1985 (§ 59 StbG).

(2) Only forms produced in the Austrian State Printing Office may be used on security paper (Appendix 13) for the purposes of producing the documents referred to in paragraph 1. The forms shall be strictly calculated by the authorities. "

4. In § 8 (3) (new) the turn-of-the-turn "Annexes 2 and 5" through the turn "Annexes 2 and 4" replaced.

5. In § 8 para. 3 Z 1, 2 and 3 lit. a and b (new) shall be in each case after the word "spouse" the phrase "or registered partner" inserted.

6. In Section 8, Section 3, Z 3, the phrase "" This award shall be extended in accordance with § 16 on the spouse "and the lines provided for the spouse-" through the phrase "" This award shall be extended to the spouse/registered partner "and the lines provided for in accordance with Section 16," replaced.

7. In § 9 paragraph 1 (new) the word shall be "Civil citizenship" by the word "Citizenship of the citizenship" replaced, and the word sequence is deleted "and, where known, the residence address" .

8. In § 9 paragraph 1 (new) the quote shall be "§ 6 lit. a" by quoting "§ 10 lit. a" and the quote "§ 6 lit. b" by quoting "§ 10 lit. b" replaced.

9. In § 18 (new) first sentence, the quote "§ § 16 and 17" by quoting "§ § 20 and 21" replaced.

10. In § 18 (new), the point at the end of Z 23 is lit. b and 24 are replaced by a stroke and the following Z 25 is added:

" 25.

Advertisement according to § 59, Section 1 of the German Citizenship Act 1985 in the version BGBl. I n ° 135/2009: the Land Government, which issued the notice of determination on the retroactive acquisition of citizenship, and the date and number of business; the date of the retroactive acquisition of citizenship. '

11. In § § 19 to 21 (new) the citation shall be "§ 14" by quoting "§ 18" replaced.

12. In § 22 (new), the quote "§ 14 Z 8 lit. b" by quoting "§ 18 Z 8 lit. b" replaced.

13. In § 25 (2) (new) the quote shall be "§ 15" by quoting "§ 19" replaced.

14. In Sections 26, 29 (1), 30 (2) and 32 (2) (new) (new), the quote shall be: "§ § 14 to 17 and 19" by quoting "§ § 18 to 21 and 23" replaced.

15. In § 31 (1) (new) the quote shall be "(Section 8 (2))" by quoting "(§ 12 para. 2)" replaced.

16. § 31 (2) (new) penultimate sentence reads:

"Notes (§ 15 Z 4) shall continue to be made on the old card sheet or on the connection sheet (§ 15 Z 5)."

17. In the § § 34 (1) and (2) (new) and 36 (4) (new), the quote shall be "§ 5" by quoting "§ 9" replaced.

18. In § 34, paragraph 3 (new), after the word order "annulled by the Administrative Court" the phrase "or by other means removed from the legal stock" inserted.

19. In § 36 para. 3 (new) is in lit. a the citation "§ 26" by quoting "§ 30" and in lit. d the quote "§ 17" by quoting "§ 21" replaced.

20. § 37 reads:

" § 37. The communication shall, as far as possible, contain all the information required by the evidence body in accordance with § 9 and, depending on the nature of the notification, in accordance with the regulations referred to below, in the case of a communication according to § 53 Z 5 lit. a StbG according to § 18 Z 7 lit. a or lit. b or § 23; § 53 Z 5 lit. c StbG according to § 18 Z 8 lit. a or lit. b; the information according to § 18 Z 8 lit. b also have the address of the legitimated and his legal representative to contain; § 53 Z 5 lit. d StbG in accordance with § 30 (1) Z 1 to 4 and (2); § 53 Z 5 lit. e StbG according to § 32; § 53 Z 6 StbG according to § 18 Z 11. "

21. In § 38, the quote "§ 5 and § § 14 to 28" by quoting "§ 9 and § § 18 to 32" replaced.

22. In § 40, the quote is referred to in paragraph 2 "§ 9 (2)" by quoting "§ 13 (2)" replaced.

23. § 40 (2) and (3) reads:

" (2) Forms produced by the Austrian State Printing Office on security paper pursuant to § 8 (2) (Appendix 13) shall be used no later than 1 April 2010. Residual stocks of pre-forms made on the basis of the version of this Regulation, valid on 31 December 2009, may continue to be used until 31 March 2010 if they comply with the models of Appendixes 1 to 8 of this Regulation as amended by the BGBl version. II No 3/2010 by amendment of the text. Section 13 (2) shall apply mutatily.

(3) Where reference is made in this Regulation to the surname, these provisions shall apply mutatily to the surname. "

24. In accordance with § 40, the following § 41 shall be added together with the heading:

" Linguistic equality

§ 41. As far as natural persons are referred to in this Regulation only in male form, they shall refer to women and men in the same way. The use of the designation for certain natural persons shall be subject to the gender-specific form. '

25. The annexes 1 to 8a are:

(see annexes)

(26) The following Annex 13 is added to Annex 12:

(see Annex)

Fekter