ISSUE 3 - Facilitated Naturalisation 30. There are facilitated naturalisation procedures for people born stateless in Austria but there is no facilitated procedure for stateless people who were not born in Austria. As applicable to foreign nationals, stateless people may qualify for discretionary naturalisation after a lengthy period of ten years of legal residence and in addition to several other conditions (including, e.g., posing no danger to public order, having a regular income, no dependency on welfare or other social assistance, German language skills and basic knowledge of the democratic system and history of Austria) and the payment of a high fee (approximately 1200-2500 EUR depending on the province and grounds for naturalisation). There are no fee waivers or exemptions for stateless people, except for the possibility to be exempt from providing documents that are normally required for naturalisation but are not available to them.49 31. Austria has not implemented any other measures specifically aimed at reducing statelessness and gaps in the legal framework on loss and deprivation of nationality may result in statelessness. This includes cases in which a person intentionally acquires a foreign nationality without having been granted the right to retain their Austrian nationality, and the withdrawal of nationality of a dependant spouse or child if the nationality of their family member is withdrawn.50 ISSUE 4 – Economic and Social Rights of Stateless Persons 32. Austria has not specifically addressed the question of employment for stateless persons. Unlike recognised refugees, there is no explicit provision permitting stateless persons per se the right to seek employment. The ability of stateless persons to engage in lawful employment hence largely depends on factors unrelated to their statelessness, such as the type of residence permit they have (persons with certain permits are permitted to seek employment) or their family situation (spouses of Austrian nationals have full access to the labour market). The issuance of a work permit depends largely on whether or not a person who has a stronger legal status in Austria (e.g. an Austrian or EU national or a person with an unlimited residence permit) is available for the job.51 33. Regarding the right to education, every child living in Austria – irrespective of legal status and nationality – is obliged to attend nine years of schooling after their sixth birthday. While public schools are in principle free of charge, coverage of travel expenses and the costs of buying school requisites may be an issue for parents without (sufficient) income or social assistance. Following completion of their ninth year of schooling, young people generally have the option of entering the workforce by completing an apprenticeship or continuing their education at a secondary school. However, for stateless children with no residence permit or a limited residence status, access to an apprenticeship or a regular job will in practice often not be an option. 52 At the university level, the Austrian Ombudsperson’s Board recommended to facilitate equal treatment of stateless persons with Austrian nationals in respect of access to student allowances.53 Thus far, this recommendation has not been implemented.54 34. Housing and accommodation for stateless people and other groups in situations of vulnerability 49 See: https://index.statelessness.eu/country/austria. See: https://index.statelessness.eu/country/austria. 51 UNHCR, Mapping Statelessness in Austria, January 2017, para 182. 52 UNHCR, Mapping Statelessness in Austria, January 2017, para 204. 53 Volksanwaltschaft (Austrian Ombudsman Board), Bericht über die Tätigkeit der Volksanwaltschaft im Jahr 2001 an den Nationalrat und den Bundesrat, May 2002, available (in German) at https://volksanwaltschaft.gv.at/downloads/5elqn/pb25.pdf.239, 50-51; UNHCR, Mapping Statelessness in Austria, January 2017, para 205. 54 UNHCR, Mapping Statelessness in Austria, January 2017, para 205. 50 8

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