Legal blog by Mag. Osai Amiri, Msc
Family members of an Austrian citizen
Certain family members of an Austrian citizen who come from a third country and wish to stay in Austria for longer than 6 months require a residence permit.
Eligible persons.
A legal distinction is made between family members and relatives among the eligible persons who are allowed to immigrate to Austria in the context of a family reunion.
Family members who are entitled to apply for a residence permit are:
Family members who are entitled to apply for a residence permit are:
- Spouses
- Registered partners
- Unmarried minor children (including adopted children or stepchildren)
It is important to note here that the spouses and registered partners must both have reached the age of 21 at the time of application.
On the other hand, relatives are deemed to be
- First-degree relatives in the direct ascending line of the sponsor, his or her spouse or registered partner, in case they actually enjoy family support
- unmarried partners who can prove the existence of a long-term relationship and who enjoy financial support from the sponsor in the country of origin
- Other relatives of the sponsor who have already enjoyed financial support through the sponsor in the country of origin or have already lived in the same household with the sponsor in the country of origin
- Other relatives of the sponsor for whom severe health problems are dependent on the personal care through the sponsor
According to the rulings of the Federal Administrative Court, other relatives are those persons with whom the applicant is connected to by a family bond, i.e. merely friendly relationships are not sufficient. Examples of such relatives are grandparents, aunts or uncles.
The family relationship between the sponsor, i.e. the Austrian citizen, and the third-country national must be proven by certain documents.
General requirements for obtaining a residence permit and proof of language skills.
What specific requirements must third-country nationals fulfill in order to obtain a residence title or a settlement permit as a family member or a relative? In principle, they must meet the general requirements for obtaining a residence permit. However, there is a possibility that a residence permit can be issued despite the absence of one of the general requirements if this is necessary to maintain private and family life within the meaning of Article 8 of the European Convention on Human Rights (ECHR).
This was previously the case in jurisdiction, for example, when family members who had already been legally resident in Austria for some time or were Austrian citizens wanted to bring their family members living in third countries, in particular their underage children, to Austria. The same applies to their spouses or registered partners living in third countries.
The respect for the best interests of the child is also enshrined in Article 8 ECHR, i.e. in cases where children cannot reasonably be expected to leave their host country, e.g. because they are attending a school there, a residence permit must be issued despite the lack of requirements. This also applies in reverse cases, in which not granting a residence permit to a third-country national parent would endanger the child's welfare due to loss of contact.
Similarly, an obligation to issue a residence permit was recognized in situations where a foreigner has entered the host country unlawfully, but the residence permit is required to maintain family relationships that have since been established in that country.
In addition to the general requirements, family members and relatives must provide proof of German language skills at a level of at least A1 before applying for a residence permit. However, there are also some exceptions to this requirement. The language certificate must not be older than one year at the time of application.
This was previously the case in jurisdiction, for example, when family members who had already been legally resident in Austria for some time or were Austrian citizens wanted to bring their family members living in third countries, in particular their underage children, to Austria. The same applies to their spouses or registered partners living in third countries.
The respect for the best interests of the child is also enshrined in Article 8 ECHR, i.e. in cases where children cannot reasonably be expected to leave their host country, e.g. because they are attending a school there, a residence permit must be issued despite the lack of requirements. This also applies in reverse cases, in which not granting a residence permit to a third-country national parent would endanger the child's welfare due to loss of contact.
Similarly, an obligation to issue a residence permit was recognized in situations where a foreigner has entered the host country unlawfully, but the residence permit is required to maintain family relationships that have since been established in that country.
In addition to the general requirements, family members and relatives must provide proof of German language skills at a level of at least A1 before applying for a residence permit. However, there are also some exceptions to this requirement. The language certificate must not be older than one year at the time of application.
Rights and obligations of third-country nationals after the residence permit has been issued.
Once the residence permit has been issued, family members have unrestricted access to the Austrian labor market, i.e. they can pursue gainful employment without the normally required approval of the Public Employment Service. Relatives, by contrast, are not entitled to pursue gainful employment.
After being granted a residence permit for the first time, third-country nationals are obliged to fulfill Module 1 of the Integration Agreement within two years, with some exceptions. This includes proof of German language skills at A2 level and knowledge of the basic values of the Austrian legal and social order.
After being granted a residence permit for the first time, third-country nationals are obliged to fulfill Module 1 of the Integration Agreement within two years, with some exceptions. This includes proof of German language skills at A2 level and knowledge of the basic values of the Austrian legal and social order.