I'm Austrian; how can I move to Austria with my non-EU spouse/partner?

Question

There are many Austrians who live overseas including some who have recently acquired Austrian citizenship due to historic family ties. If these Austrians wish to move back to Austria with their Third Country National spouses/partners, what family re-unification rules do they need to follow?

Answer

For spouses/registered partners of Austrian nationals there are TWO sets of family re-unification rules. The rule that needs to be followed depends on whether the Austrian national themselves have lived for more than 3 months in another EU country (includes the UK before 31st December 2020). It is down to whether the Austrian national has exercised their rights under EU Freedom of Movement (FoM) or not.

If the Austrian spouse/registered partner has NOT exercised their right under EU FoM rules, Austrian national family re-unification rules apply including providing proof of German language skills (A1). In addition, restrictions may apply on how long family members can stay in Austria during the application process (ie they will have to leave if their visa time has run out). A “Familienangehörige” residence permit should be issued.

Austrian nationals who exercised their rights under EU FoM rules and other EU nationals fall under EU family re-unification rules. It should be possible for family members to stay in Austria until the application has completed. An “Aufenthaltskarte” should be issued.

Those who are not legally married or in a registered partnership should look at the “life partner” rules and the Settlement Permit Family Member. “Niederlassungsbewilligung - Angehöriger”. This is not always easy to prove and does not give you full access to the Austrian Labour Market and in addition does not allow you to carry out self-employed activities.

Being a life partner (Lebenspartner und Lebenspartnerinnen) is sometimes referred to as being an Unmarried Couple or in a Domestic Partnership.

Note 1: People should also remember that Austria is a German speaking country, so anyone planning to move to Austria should at least try and learn some German as it may ease your integration.

Note 2: Applications under the Austrian National rules can take longer than 90 days, especially in places like Vienna (MA35); they are allowed to take up to 6 months. Applicants should consider applying for a Visa-D before arrival in Austria.

Further References

• BMI Family Reunification Rules

• BMI EU/EEA Family Reunification Rules

• BMI Proof of German Language Skills

• Working in Austria German Language Skills

• Aufenthaltstitel "Familienangehöriger"

• Austria Registered partnership

• Working in Austria – Settlement Permit

• Working in Austria - Immigrating as a Family Member

• Europa Unmarried Couples

• Domestic Partnership

• Free Advice Services