(4) Acquisition of nationality as referred to in paragraph (1) above shall also extend to
illegitimate children:
1. of a legitimized woman or
2. of a legitimized man if he meets the requirement set out in subparagraph 3 or 4 of
paragraph (1) of article 7.
If such children have already reached the age of 14 years, paragraphs (2) and (3) above shall
apply mutatis mutandis.
Article 8. (1) Until proof to the contrary, a person under the age of six months found on
the territory of the Republic is regarded as national by descent.
((2) repealed by FLG I. No 136/2013)
(3) Paragraph (1) above also applies to persons found on the territory of the Republicbefore
st
the 1 of September 1993.
Article 9. The residence of aliens as persons entitled to privileges and immunities
(article 95 of the FPG) shall not be deemed to constitute settlement within the meaning of the
present federal law.
Grant of nationality
Article 10. (1) Except as otherwise provided for in the present federal law, nationality may
be granted to an alien only if:
1. The alien has lawfully resided in the federal territory for an uninterrupted period of at
least ten years, including at least five years as a settled resident;
2. The alien has not been sentenced by a final judgement of a domestic or foreign court
to a term of imprisonment for the commission of one or more wilful offences, the
punishable acts on which the sentence of the foreign court is based are also punishable
under domestic law, and the sentence has been pronounced in proceedings conforming
to the principles set out in article 6 of the European Convention for the Protection of
Human Rights and Fundamental Freedoms (European Convention on Human Rights),
FLG No. 210/1958;
3. The alien has not been sentenced by a final decision of a domestic court to a term of
imprisonment for a fiscal offence;
4. No criminal proceedings are pending in a domestic court against the alien on suspicion
of the commission of a wilful offence liable to a sentence of imprisonment or a fiscal
offence liable to a sentence of imprisonment;
5. The international relations of the Republic of Austria would not be significantly
impaired by the granting of nationality;
6. On the basis of his or her conduct hitherto, the alien guarantees that he or she has a
positive attitude towards the Republic and neither represents a danger to law and order
and public safety nor endangers other public interests as stated in article 8, paragraph
2, of the European Convention on Human Rights;
7. The alien’s livelihood is sufficiently ensured or the alien is unable to ensure his
livelihood on a long-term basis or to an adequate extent for practical reasons not
attributable to him and
8. The alien does not have relations with foreign States of such a nature that the granting
of nationality would be detrimental to the interests of the Republic.
(1a) A determining judgement as referred to in subparagraph 2 or 3 of paragraph (1) above
shall not be admissible if it may not be included in criminal records information submitted to