Legal blog by Mag. Osai Amiri, Msc
Alien’s passport in Austria: An essential travel document for non-citizens
The alien's passport is a travel document that is issued in Austria to non-citizens under certain circumstances to enable the holder, among other things, to travel outside Austrian territory.
Requirements for issuing an alien’s passport in Austria.
Alien's passports may be issued to the following groups of persons upon application, provided this is in the interests of the Republic:
- Stateless persons or persons of indeterminate nationality without a valid travel document
- Foreign nationals with permanent residence who are unable to obtain a valid travel document from their home country
- Foreign nationals who are unable to obtain a valid travel document from their home country and can apply for an EU permanent residence permit
- Foreign nationals who cannot emigrate from Austria because they are unable to obtain the necessary travel documents from their home country
- Foreign nationals who have had their main residence in Austria for at least four years without interruption, provided this is in the interests of the Republic due to the services they have rendered or are expected to render
Definition and examples of the 'interest of the Republic' in the issuance of alien’s passports.
The term of "in the interest of the Republic" means that the issuing of an alien's passport must constitute a positive interest, i.e., a positive outcome for the Republic of Austria. The Austrian Federal Administrative Court lists the following as examples of such an interest:
- Interest based on an economic, social, artistic, cultural or political interest
- Interest based on obligations under international or EU law
- Interest based on a declaration by the responsible federal minister or state government
In particular, the Federal Administrative Court has, for example, confirmed the Republic's interest in a case in which the applicant was able to demonstrate that he needed a passport to pursue his gainful employment with the support of his local municipality.
Criteria and validity of the alien passport in Austria.
Stateless persons or persons of indeterminate nationality who are legally resident in Austria or persons who have been granted subsidiary protection status are only required to prove that they are unable to obtain a valid travel document in their home country.
In principle, the alien's passport is valid in all countries of the world, except in the country of which the alien is a citizen or, for stateless persons, in the country in which the alien previously had his or her habitual residence.
The alien's passport can be issued for a maximum period of five years.
In charge of issuing the alien's passport is the Federal Office for Immigration and Asylum (“Bundesamt für Fremdenwesen und Asyl”).
In principle, the alien's passport is valid in all countries of the world, except in the country of which the alien is a citizen or, for stateless persons, in the country in which the alien previously had his or her habitual residence.
The alien's passport can be issued for a maximum period of five years.
In charge of issuing the alien's passport is the Federal Office for Immigration and Asylum (“Bundesamt für Fremdenwesen und Asyl”).