Indefinite leave to remain for family members of Austrians or EEA or Swiss nationals

German Version

Due to the measures put in place to contain the COVID-19 pandemic, you need to make a prior appointment to come to the Immigration Office (MA 35) in person. For more information and to find out how to make an appointment please go to: Specific regulations due to the coronavirus pandemic - information for persons applying for a residence permit

General information

Under specific circumstances, family members of Austrians, EEA nationals or Swiss nationals can obtain an indefinite leave to remain for family members (Niederlassungsbewilligung "Angehöriger") pursuant to Section 47 (3) of the Law on Residence and Settlement in Austria (NAG), if the Austrian, EEA national or Swiss national has her or his permanent residence in Austria and has not made use of her or his right of free movement of persons.

You have made use of your right of free movement of persons if you have stayed outside of your country of origin in the EU for more than three months or have regularly crossed the borders of your country of origin to provide services.

Data protection

For information on data protection and your data protection rights as an individual please visit: Data Protection Notice (German)

Requirements

Family members are:

  • Family members of the sponsor or spouse or same-sex partner in direct ascending line if they have actually received maintenance from them, e. g. parents, grandparents, or parents-in-law.
  • Long-term partners, if they can prove a long-term relationship and payment of maintenance.
  • Other family members, who
    • have already received maintenance payments from the sponsor in their country of origin, or
    • have lived together in a household with the sponsor in their country of origin, or
    • have to be cared for by the sponsor.

The sponsor ("zusammenführende Person") must, in any case, submit a declaration of liability (Haftungserklärung).

Deadlines

Applications for an extension must be filed before expiration of the residence permit.

You can apply for the three-year residence permit no earlier than two years after taking up residence in Austria and having completed Module I (A2 CEFR and integration course) of the Integration Agreement.

Contact

Immigration authority (MA 35)

Opening hours: Monday, Tuesday, Thursday, Friday from 8 am to 12 noon, Thursday from 3.30 pm to 5.30 pm.
Good Friday, 24 and 31 December from 8 am to 11 am. Closed on public holidays.
Office hours: Monday to Friday from 7.30 am to 3.30 pm, Thursday from 3.30 pm to 5.30 pm
Good Friday, 24 and 31 December from 7.30 am to 12 noon. Closed on public holidays.
Please note: Please expect longer waiting times on Thursdays.

Documents required

  • Application for a residence permit ("Antrag auf Erteilung einer Aufenthaltsbewilligung") in German
  • Valid travel document (e. g. passport)
  • Current biometric passport photo: the photo can be no more than six months old when the residence permit is granted.
  • Birth certificate or other equivalent document
  • Document proving family relationship
  • Legal proof of adequate accommodation (e. g. lease or rental agreement, proof of ownership)
  • Document showing the monthly rent and/or running costs of the accommodation
  • Proof of health insurance valid in Austria and covering all risks: overview of possible health insurances: 114 KB PDF
  • Declaration of liability ("Haftungserklärung") by the sponsor certified by a notary public or a court.
  • Proof of sufficient means of subsistence in Austria (e. g. payslip, income statements, employment contracts, confirmations of pension payments)
  • Current extract from the files of an officially recognised credit reference agency (e. g. Kreditschutzverband - KSV 1870 Information GmbH) (German)
  • Proof of German language skills at A1 level according to the Common European Framework of Reference for Languages (CEFR)
  • For family members in direct ascending line (parents, grandparents): proof of the type and amount of maintenance payments
  • For other family members, who have already received maintenance in the country of origin: proof of the type, amount and time period of maintenance payments
  • For other family members if they lived in a joint household with the sponsor in the country of origin: proof of the joint household in the country of origin
  • For other family members who need care: proof of serious health problems and that the personal care can only be carried out by the sponsor.
  • First-time application:

In some cases, additional documents may be required.

You must submit the original documents and copies.

The following documents must be certified by diplomatic certification or apostille:

  • Birth certificate
  • Marriage certificate
  • Civil partnership certificate
  • Divorce certificate
  • Certificate of dissolution of a civil partnership
  • Death certificate
  • Police clearance certificate

Documents issued in a language other than German must be filed together with a certified translation (by a certified court translator).

Fees

  • Basic fee: EUR 120
  • Further costs arise for civil status documents issued abroad. Depending on the type of document, this fee may be EUR 3.90, EUR 7.20 or EUR 14.30.

You will receive the residence permit after payment of the fee. You may pay these fees in cash or electronically by credit or cash card (German).

For any questions regarding payment, please contact the competent accounting department (Buchhaltungsabteilung 40) (German) of Municipal Department 6.

Form

Further information

  • The application must be made in person.
  • The first-time permit is exempt from the immigration quota ("quotenfrei").
  • Persons holding an indefinite leave to remain for family members (Niederlassungsbewilligung "Angehöriger") are exempt from employment.
  • After two years of permanent residence in Austria and advanced integration you can apply for a residence permit "Red White Red Card plus" (Aufenthaltstitel "Rot-Weiß-Rot-Karte plus"), which includes free access to the labour market. This application is subject to the immigration quota (quotenpflichtig).
  • Third-country nationals can apply for a residence permit "Long-term EU resident" (Aufenthaltstitel "Daueraufenthalt EU") after five years of permanent residence in Austria and completion of Module II (B1 CEFR) of the Integration Agreement provided that they have a regular income.
  • The following persons do not have to provide evidence of German language skills on A1 level according to CEFR:
    • Children up to 14 years of age
    • Persons who cannot reasonably be expected to provide such evidence on grounds of a permanently bad physical or mental health condition (medical report issued by a public health officer ("amtsärztliches Gutachten") or by a doctor appointed by an Austrian consulate ("vertrauensärztliches Gutachten"))
  • If the validity of your passport is shorter than the possible grant period, the indefinite leave to remain is issued only according to the validity of the passport.
Contact for this page:
Public Relations (Municipal Department 35)
Contact form