Get Acquisition and Loss of Nationality, Volume 2: Policies and PDF

By Rainer Bauböck, Eva Ersbøll, Kees Groenendijk, Harald Waldrauch

ISBN-10: 1429462949

ISBN-13: 9781429462945

ISBN-10: 9053569219

ISBN-13: 9789053569214

Acquisition and lack of Nationality brings jointly a group of thirty researchers for an in-depth research of nationality legislation in all fifteen pre-2004 member states of the ecu Union. quantity One offers designated comparisons of the citizenship legislation of all fifteen countries, whereas quantity comprises person reviews of every country's legislation. jointly, the books are the main finished on hand source at the query of ecu nationality.

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Additional resources for Acquisition and Loss of Nationality, Volume 2: Policies and Trends in 15 European Countries: Country Analyses (Amsterdam University Press - IMISCOE Research)

Example text

2 Loss of Austrian nationality The main modes of loss of Austrian nationality are laid down in §§ 2638 of the Nationality Law of 1985, which enumerate different reasons AUSTRIA 35 for loss of nationality. First, the acquisition of a foreign nationality provokes the loss of Austrian nationality, if an Austrian national expresses his or her ‘positive intention’ (positive Willenserkla¨rung) to obtain the nationality of another state (§ 27). Submitting an application, making a declaration or explicitly giving one’s consent in order to receive a foreign nationality is considered expression of such positive intent.

10 (5) 1; * Fifteen or 30 years residence: § 12 (1) b+a (before 1999: only § 12 a = 30 years of residence); * Extension of grant to spouses: § 16; * Extension of grant to children: § 17; * Former Austrian nationals: § 10 (4) 1 in combination with § 10 (5) (before 1999: § 10 (3)+(4)) 1 (since 1999), § 12 (2)+(3) (before 1999: § 12 b+c), § 13, § 58c (since 1993); * Children of Austrian nationals: art. I/II (1983-1988), § 12 (4) (before 1999: § 12 d); * Other: § 10 (4) 2 (since 1999), § 14, § 25 (2) 1+2.

Since 1999, retention of Austrian nationality is to be approved if the applicant can show that there is a special reason related to his or her private or family life justifying dual nationality (§ 28 (2)). According to the explanatory notes to the draft government bill, the easing of the rather demanding conditions with regard to retention of Austrian nationality aims at the avoidance of severe ‘adverse effects’ that a person would suffer from loss of the Austrian nationality. According to information given by some provincial authorities, such adverse effects include severe financial disadvantages, loss of inheritance rights in another state or loss of employment in both coun- 36 DILEK ÇINAR AND HARALD WALDRAUCH tries.

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Acquisition and Loss of Nationality, Volume 2: Policies and Trends in 15 European Countries: Country Analyses (Amsterdam University Press - IMISCOE Research) by Rainer Bauböck, Eva Ersbøll, Kees Groenendijk, Harald Waldrauch


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