the authority. A determining judgement as referred to in subparagraph 2 or 3 of paragraph (1)
shall be admissible if it is rendered in respect of a juvenile offence.
(1b) The alien’s inability to ensure his livelihood may not be attributed to him in particular
if he suffers from a disability or chronic serious illness, which condition has to be substantiated
by a medical report.
(2) Nationality must not be granted to an alien if:
1. Certain facts exist set forth in article 53, paragraph (2), subparagraphs 2, 3, 5, 8, 9 and
paragraph (3), of the 2005 Aliens Police Act (FPG), FLG I No. 100; article 53,
paragraph (5), of the FPG shall apply;
2. The alien has on more than one occasion been convicted by a final judgment of a
serious administrative infraction of a particularly unconstitutional nature, in particular
under paragraphs (1) to (2) of article 99 of the 1960 Road Traffic Regulations (StVO),
FLG No. 159, paragraph (3) or (4) of article 37 of the Driving Licences Act (FSG),
FLG I No. 120/1997, paragraph (1), subparagraph 1, in conjunction with paragraph
(2) of article 366 of the 1994 Trade and Industry Regulations (GewO), FLG No. 194,
or articles 81 to 83 of the Security Policing Act (SPG), FLG No. 566/1991, or of a
serious infringement of the 2005 Aliens Police Act, the Settlement and Residence Act
(NAG), FLG I No. 100/2005, the Border Control Act (GrekoG), FLG No. 435/1996,
or the Aliens Employment Act (AuslBG), FLG No. 218/1975; article 55, paragraph
(1), of the Administrative Penalties Act (VStG), FLG No. 52/1991, shall apply;
3. A procedure for termination of residence is pending against the alien;
4. An enforceable return decision pursuant to article 52 of the FPG or a valid residence
ban pursuant to article 67 of the FPG is in force against him;
5. A return decision issued by another EEA State or Switzerland is in force against him;
6. An entry ban accompanying a return decision pursuant to article 52 of the FPG
continues to be in force against him or an expulsion order under article 66 of the FPG
or article 10 of the 2005 Asylum Act (AsylG), FLG I No. 100, has been issued against
him in the last 18 months and become final or
7. The alien has close links with an extremist or terrorist group and, having regard to its
existing structures or expected developments within its environment, the possibility
of extremist or terrorist activities by such group cannot be excluded.
(3) An alien possessing foreign citizenship may not be granted nationality if he or she:
1. Fails to take the necessary steps to relinquish his or her previous nationality even
though such steps are possible and reasonable for the alien, or
2. On the basis of his or her application or otherwise deliberately retains his or her
previous citizenship.
(4) The requirement laid down in subparagraph 1 of paragraph (1) above and also the
grounds for disallowing the granting of nationality stipulated in subparagraph 2 of
paragraph (2) above and in the cases referred to in subparagraph 2 and in paragraph (3)
above shall be waived
1. In the case of an alien resident in the federal territory who possessed nationality for an
uninterrupted period of at least ten years and has lost that nationality otherwise than
through deprivation (articles 32 to 34);
2. In the case of an alien who, prior to 9 May 1945, possessed the nationality of one of
the successor States of the former Austro-Hungarian monarchy or was stateless, had
his or her principal residence in the federal territory and at that time went abroad
because he or she had reason to fear or had suffered persecution by agents of the
National Socialist German Workers' Party (NSDAP) or of the authorities of the
German Reich, or because, on account of his or her active support for the Democratic
Republic of Austria, was exposed to or had reason to fear persecution.