Austria amends Citizenship Act: X-ray age checks and refugee terminology updated, 12 June 2026
The Asylum and Migration Pact Adaptation Act (BGBl. I Nr. 39/2026) amends Austria's Citizenship Act (Staatsbürgerschaftsgesetz 1985) with effect from 12 June 2026. Key changes include a new medical age-verification procedure using X-rays for foreigners claiming minor status, updated refugee terminology aligned with EU rules, removal of one residence-period interruption ground, and extended citizenship rules for registered partners.
What changed
A new rule (§ 5 para. 1) allows authorities to order a multifactorial age assessment—including radiological examinations such as X-rays—when a foreigner claims to be a minor but cannot prove it with documents; such examinations cannot be forced, and any remaining doubt must be resolved in the foreigner's favour. The term 'recognized asylum seeker' (Asylberechtigter) is replaced throughout by 'person granted refugee status' (Flüchtlingseigenschaft) to align with the EU Asylum and Migration Pact, affecting both the ten-year naturalization path and the extension of citizenship to a spouse. One ground that could interrupt the continuous residence period required for naturalization (§ 15 para. 1 no. 4) is abolished, and the full citizenship-by-descent rules of § 7a now apply to registered partners, not just one paragraph.
Who is affected
Foreigners in citizenship proceedings who claim to be minors without supporting documents, refugees seeking naturalization after ten years of lawful residence, and spouses or registered partners of Austrian citizens applying for extension of citizenship are directly affected. Applicants whose continuous residence period was previously at risk of interruption under the now-deleted § 15 no. 4 also benefit from the change.
What to look out for
X-ray age assessments are part of a broader medical evaluation and cannot be forced; however, refusing fingerprint-based identity verification (§ 4) may still be weighed against the applicant by authorities. The updated refugee terminology may clarify or expand who qualifies for the ten-year naturalization pathway and for spousal extension of citizenship. All changes took effect on 12 June 2026.