§ 10(6) of the Austrian Citizenship Act
Austrian citizenship by merit is a discretionary naturalisation route under § 10(6) of the Austrian Citizenship Act (Staatsbürgerschaftsgesetz 1985), under which the Federal Government may confirm that granting citizenship to a foreign national is in the particular interest of the Republic because of exceptional achievements that person has already made and is expected to go on making.
What the provision says
"Citizenship may be granted due to exceptional achievements which have been adduced by the foreigner, and which are also expected to be adduced in the future, if this is in the particular interest of the Republic of Austria." (Austrian Citizenship Act, § 10(6))
§ 10(6) establishes an expedited citizenship procedure for individuals whose extraordinary contributions are of particular national interest to the Republic of Austria. This provision allows the Austrian government to grant citizenship as a recognition of exceptional merit.
The provision is a constitutional one (Verfassungsbestimmung) within the Citizenship Act, which is why it is able to set aside requirements that the Act otherwise imposes on every applicant.
What it sets aside
Unlike the standard naturalization pathway, which requires ten years of continuous residence, German language proficiency, and a formal citizenship test, the § 10(6) procedure waives these requirements entirely. Applicants need not have resided in Austria, need not speak German, and may retain their existing foreign citizenship or citizenships. Specifically, a confirmation under § 10(6) disapplies:
- the requirement of ten years' lawful, uninterrupted residence in Austria, at least five of them as a settled resident (§ 10(1) no. 1);
- the requirement that the applicant's means of subsistence be sufficiently secured (§ 10(1) no. 7);
- the bar on granting citizenship to an applicant who does not take the steps needed to leave their previous citizenship (§ 10(3)) — which is what allows an existing citizenship to be kept;
- proof of German language competence and of basic knowledge of Austria's democratic order and history, from which § 10(6) cases are expressly exempt (§ 10a(2) no. 1).
What still applies
§ 10(6) waives specific requirements, not the whole of the Act. The general integrity conditions in § 10(1) nos. 2 to 6 and no. 8 and in § 10(2) continue to apply — among them the absence of relevant criminal convictions and of any relationship with foreign states that would damage the interests of the Republic. Under the implementing regulation, the provincial government may submit a case to the Federal Minister for Internal Affairs only once those conditions are established.
Who decides
The Federal Government holds sole discretion in granting citizenship under this provision. Its decision is final and cannot be appealed, making the quality of the application and the strategic preparation of the case decisive factors in achieving a successful outcome. The procedure leading to that decision is laid down in a Federal Government regulation.
Primary sources: Staatsbürgerschaftsgesetz 1985 (RIS, consolidated text) · BGBl. II No. 39/2014, the § 10(6) procedure regulation