Family members in the context of the Settlement and Residence Act are
- spouses
- registered partners and
- unmarried minors including adoptive and step children
Spouses and registered partners must be 21 years of age or older when applying.
Third-country nationals are individuals who are neither EEA- nor Swiss citizens. Third-country nationals’ family members who intend to reside or settle in Austria for a period of more than six months require a residence title (permission to stay for more than six months) corresponding to their residence purpose.
For stays of up to six months no residence title shall be granted. Instead, a visa must be applied for if necessary.
Family members in the context of the Settlement and Residence Act are
Spouses and registered partners must be 21 years of age or older when applying.
Family members of
shall obtain the residence title “Red-White-Red Card plus“, provided they meet the general granting requirements.
In certain cases there is a quota requirement for family reunification residence permits.
The “Red-White-Red Card plus” grants its holders free access to the labour market. According to the Act Governing the Employment of Foreign Nationals no further permissions are required for any employed activity.
Further information on the "Red-White-Red Card plus" can be found here.
Family members of Austrian nationals shall obtain the residence title “Family Member”, provided they meet the general granting requirements.
Other dependants of Austrian nationals shall obtain the residence title “Settlement Permit - Dependant”, if the general granting requirements are met and the sponsor to whom the third-country national refers in his/her application has signed a liability declaration.
Other dependents are:
Family members of
shall obtain a settlement permit, if quota space is available and the general requirements are fulfilled.
"Settlement Permit - Gainful employment excepted"
Family members of holders of
shall obtain a "settlement permit", if the general requirements are fulfilled and in certain cases if a quota space is available.
The following requirements must be met for granting any residence title:
Family Members have to provide evidence of German language skills on A1 level according to the Common European Framework of Reference for Languages, when first applying for one of the following residence titles:
Only basic German language skills at beginner level are required.
» mehr lesenCompetent first instance authorities shall be the local Provincial Governor’s Office or the duly authorised district administration bodies (District or Municipal Administrative Authorities). Local competence is governed by the (intended) domicile of the third-country national concerned.
Any complaints against decisions by the competent first instance authorities shall be handled by the locally competent Provincial Administrative Court. The authority shall decide on applications and complaints without undue delay, but not later than within six months after receipt.
As a matter of principle, first applications for residence titles shall be filed with the competent Austrian consular representation (embassy or specific consulates) abroad. Local competence of the consular representation depends on the applicant’s domicile.
The consular representation abroad shall examine the application for completeness and correctness and then forward it to the competent authorities in Austria.
The following family members are entitled to file their application in Austria:
The residence titles “Red-White-Red Card Plus” and “Family Member” allow time-limited settlement and entitle the holder to unrestricted access to the labour market.
The "settlement permit" and "settlement permit - dependent" allow time-limited settlement and entitle the holder to self-employment.
The "settlement permit - gainful employment excepted" allows for time-limited settlement and does not entitle the holder work.
The following documents are in particular required for the granting of a residence permit: