Family reunification

Marriage and family have a special status in our society, which is protected by the constitution. This protection also applies to migrants. Family reunification is only possible if certain criteria are met.

Third-country national family members (i.e. the family member is neither an EEA citizen nor a Swiss citizen) require a residence permit in Austria if they wish to stay here for more than six months. For family members of EEA nationals, Swiss citizens and Austrians, who made use of their right of free movement, different rules apply. Please see here.

A residence permit for reasons of family reunification is usually issued for 12 months. You can find more information on the validity of residence permits here.

Who is a family member for reunification purposes?

Family members within the meaning of the Residence and Settlement Act (Niederlassungs- und Aufenthaltsgesetz, NAG) are

Husband and wife
Registered partners
Minor unmarried children (under the age of 18) including adopted and step children.

Spouses or registered partners must already have reached the age of 21 at the time of application.

For other persons a residence permit with the purpose of family reunification is generally not possible. Austrian citizens can apply for family reunification for extended family members (see "Settlement Permit relative").

Which residence permit is available for family members?

Which residence permit is granted, whether a quota place is necessary and whether access to the labor market is associated with the residence permit depends on the sponsors right of residence.

The granting of residence permits to family members of Austrians, holders of a "red white red card", an "blue card", researchers ("settlement permit researcher" or "settlement permit special cases of gainful employment" for research purposes) and holders of a residence permit for “students”, “ICT”, “mobile ICT” and “special cases of gainful employment” (except au pairs) is not limited.

In all other cases, the Federal Government decides in agreement with the Parliament how many residence permits may be granted for each calendar year for the purpose of family reunification (quota). In order to obtain a residence permit for the purpose of family reunification, a quota space is therefore often required.

family member („Familienangehöriger“)

Family members of Austrians who are permanently resident in Austria receive the residence permit "family member" if they fulfill the general conditions for granting.

The residence permit "family member" gives them unrestricted access to the labor market.

Settlement Permit Relative („Niederlassungsbewilligung – Angehöriger“)

Certain extended family members of Austrian citizens can receive a residence title "Settlement Permit Relative". This is subject to the fulfilment of the general conditions for granting the permit and a declaration of liability to be submitted by the sponsor. The sponsor or reunifying person is the Austrian citizen to whom the foreigner is referring in his application.

This residence title can be granted to:

relatives of the sponsor or of the spouse in the straight ascending line (e.g. parents, parents-in-law and grandparents), if maintenance is actually paid to them by the sponsor
Life partners, if a permanent relationship already existed in the country of origin and if maintenance is actually paid to them by the sponsor
Other relatives, if
- they have already received maintenance from the applicant in the State of origin, or
- they have lived in the same household with the sponsor in the country of origin or
- serious health reasons make their personal care by the sponsor absolutely necessary.

With the residence title "settlement permit relative" there is no access to the labor market. A change to a "red white red card plus" and thus free access to the labor market is possible.

Red white red card plus („Rot-Weiß-Rot – Karte plus“)

Family members of

holders of a “red white red card” or a “blue card”,
permanently settled third country nationals (holders of a “long term resident” status)
holders of a “red white red card plus”
holders of a “settlement permit” (who previously were highly qualified individuals)
holders of “settlement permit special cases of gainful employment” in certain cases or
holders of a “settlement permit researcher”

can be issued a “red white red card plus” if they fulfill the general conditions for granting.

A quota place for family reunification may be required. Information on whether a quota place is required in a specific case can be obtained from the competent settlement authority.

Holders of a “red white red card plus” enjoy unlimited labor market access.

“Settlement permit” ("Niederlassungsbewilligung")

Family members of

Holders of a „settlement permit“ ("Niederlassungsbewilligung")
Holders of a „settlement permit relative“ ("Niederlassungsbewilligung – Angehöriger"),
Holders of a „settlement permit artist“ ("Niederlassungsbewilligung – Künstler") or
holders of “settlement permit special cases of gainful employment” in certain cases

can be issued a “settlement permit” if they fulfill the general conditions for granting and a quota place is available.

„Settlement permit except gainful employment“ ("Niederlassungsbewilligung – ausgenommen Erwerbstätigkeit")

Family members of

Holders of certain types of a “settlement permit” („Niederlassungsbewilligung") or
a "settlement permit except gainful employment“ ("Niederlassungsbewilligung – ausgenommen Erwerbstätigkeit")

can be issued a “settlement permit except gainful employment” if they fulfill the general conditions for granting and (in the second bullet point) a quota place is available. A quota space is not required for family members of former holders of a legitimation card.

Residence permit „family unity“ („Aufenthaltsbewilligung Familiengemeinschaft“)

Family members of sponsors holding a residence permit may be granted a derived residence permit in certain cases.

What are the requirements for a residence permit for family reunification?

The general and special conditions for the granting of a residence permit must be fulfilled.

Further information on the general requirements can be found here. You will find a list of the necessary documents in the respective application form.

Independent right of residence for family members

Family members holding a residence permit

“red white red card plus” (“Rot-Weiß-Rot – Karte plus”)
“settlement permit” (“Niederlassungsbewilligung”)
„settlement permit except gainful employment“ („Niederlassungsbewilligung – ausgenommen Erwerbstätigkeit“)
„family member“ („Familienangehöriger”)

have an independent right of residence.

If the conditions for family reunification are no longer fulfilled, a residence permit is to be issued, the purpose of which corresponds to the previous one, if there is no obstacle to granting it and the general conditions for granting it are fulfilled.

Even if the general conditions for granting a residence permit are not met, a residence permit can be granted in case of

death of spouse, registered partner or parent,
divorce of marriage or dissolution of the registered partnership due to the predominant fault of the other spouse or partner, or
reasons that require special consideration.

This means that a further right of residence for family members is guaranteed, even if there are insufficient means of income after a separation from an abusive spouse or partner.