AUSTRIAN Immigration rules

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AUSTRIAN Immigration rules

Postby abykurian » Mon Jan 05, 2009 8:50 pm

Hi,
My friend is born in Austria and lived there until he is 7years old.Then the family moved back to India. Now he is 25 , is there any way he can apply for a Austrian Citizenship based on the birth?

thank for any advice
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Re: AUSTRIAN Immigration rules

Postby Wanderer » Tue Jan 06, 2009 8:30 am

abykurian wrote:Hi,
My friend is born in Austria and lived there until he is 7years old.Then the family moved back to India. Now he is 25 , is there any way he can apply for a Austrian Citizenship based on the birth?

thank for any advice


Doubt it unless one of his parents had Austrian citizenship or PR at the time and even then gaining an new citizenship would have caused him to lose Austrian citizenship...
All IMHO....
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Postby abykurian » Tue Jan 06, 2009 3:50 pm

Hi,
Thanks for the quick reply, actual fact himself and all family were on indefinite leave (PR) when they all moved back to India. Does it make any difference?
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Postby Wanderer » Tue Jan 06, 2009 4:29 pm

abykurian wrote:Hi,
Thanks for the quick reply, actual fact himself and all family were on indefinite leave (PR) when they all moved back to India. Does it make any difference?


I would think that a gap if 17 years would mean PR was lost but you really need a lawyer who knows Austrian Nationality Law.
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Postby Richard66 » Tue Jan 06, 2009 4:41 pm

Maybe you better find an Austrian forum. It might be a bot cheaper than a lawyer.
Aiming at travelling to the UK with my wife and not with an EEA FP!
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Postby abykurian » Tue Jan 06, 2009 6:12 pm

thanks for the reply, any suggestions about a Solicitor or a forum?
I couldn't find anything from searching
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Postby mrlookforward » Tue Jan 06, 2009 8:35 pm

abykurian wrote:thanks for the reply, any suggestions about a Solicitor or a forum?
I couldn't find anything from searching


Your friend should go to Austrian embassy in India and make enquiries. This is the best way to start and its free.
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Postby mrlookforward » Tue Jan 06, 2009 8:41 pm

mrlookforward wrote:
abykurian wrote:thanks for the reply, any suggestions about a Solicitor or a forum?
I couldn't find anything from searching


Your friend should go to Austrian embassy in India and make enquiries. This is the best way to start and its free.[/quote

HI, I have found some information about Asutrian citizen ship

"Birth in Austria does not in itself confer Austrian citizenship. However it may lead to a reduction in the residence requirement for naturalisation as an Austrian citizen. Foundlings under the age of 6 months are legally presumed to have citizenship. A child born to Austrian parents is an Austrian citizen. If the parents are married at the time of birth, Austrian citizenship of either the mother or the father is sufficient, so long as the child was born after January 9th, 1983. For children born prior to that date, the father must have been an Austrian citizen - children born to an Austrian mother married to a non-Austrian father do not qualify. If the parents are not married, however, a father cannot pass on Austrian citizenship, whereas a mother can.

Should the parents happen to marry at some time after the birth, citizenship is automatically granted to the child retroactively. If the child is over 14 at that time, however, his or her consent is needed."

So reading from above, I dont think your friend is an Austrian Citizen.
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Postby 86ti » Thu Jan 08, 2009 11:31 am

Being born in Austria to foreign parents is irrelevant to citizenship. He would have to stay by himself for a certain amount of time (I think it is at least ten years now) before being able to apply for citizenship provided a "suitable" residence permit is held (I think some special short time residence permits do not count towards anything long lasting.). Alternatively, a marriage to an Austrian citizen for at least six years and residence in Austria for at least five years. You also have to demonstrate certain language skills.

You can try to ask on http://www.auslaender.at/forum/ but I strongly doubt you would get any more favorable answer there.
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