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Residence Card for Third-country Family Member of EEA or Swiss Citizen

AustriaFree movement

Explore the five recorded questions, answers and sources for this pathway.

Official link

Explore pathways in Austria Read the five questions ↓

Which citizenship, status or regional agreement creates the person's right to move/reside?

Relatives of EU citizens entitled to reside in Austria under Union law, or of Austrian nationals who have exercised their right of residence under Union law, who are third-country nationals, are issued a residence card upon request if the requirements are met, under sections 54 and 54a of the Niederlassungs- und Aufenthaltsgesetz (NAG).

See recorded sources
Limits of the record
  • The captured official page does not establish every condition for this route; verify the remaining route-specific rules before approval.
  • captured paragraph
    Relatives of EU citizens who are entitled to reside [in Austria] in accordance with Union law, or of Austrian nationals who have exerted their right of residence in accordance with Union law, who are third‑country nationals, will be issued, upon request, a ‘residence card’ for documentation of their right of residence, if the requirements are met.
  • captured paragraph, Rechtsgrundlagen
    sections 54 and 54a of the Niederlassungs- und Aufenthaltsgesetz (NAG)

Under which circumstances can the person reside: worker, self-employed, student, jobseeker, self-funded person or another recognised basis?

The qualifying relationship basis is: spouses or registered partners; relatives of the EU citizen (or their spouse or registered partner) in a straight descending line up to their 21st birthday and beyond if actually maintained by them; or relatives in a straight ascending line if actually maintained by them.

See recorded sources
Limits of the record
  • The captured official page does not establish every condition for this route; verify the remaining route-specific rules before approval.
  • captured paragraph, Voraussetzungen
    spouses or registered partners
  • captured paragraph, Voraussetzungen
    relatives of EU citizens or of their spouses or registered partners in a straight descending line (children, grandchildren, great‑grandchildren) up to their 21st birthday and beyond, insofar as they are actually maintained by them
  • captured paragraph, Voraussetzungen
    relatives of EU citizens or of their spouses or registered partners in a straight ascending line (parents or grandparents, great‑grandparents), insofar as they are actually maintained by them

What entry, registration or residence-document formalities remain?

The application for the residence card must be submitted within four months of arrival in Austria. The fee is EUR 91 (EUR 39 for persons under 16 years).

See recorded sources
Limits of the record
  • The captured official page does not establish every condition for this route; verify the remaining route-specific rules before approval.

Which non-member-country family members can accompany or join, and what broad rights do they receive?

Qualifying family members are spouses or registered partners, relatives of the EU citizen (or their spouse or registered partner) in a straight descending line up to their 21st birthday and beyond if actually maintained by them, and relatives in a straight ascending line if actually maintained by them. Third-country family members holding this residence card have free access to the Austrian job market, certifiable by the Austrian Public Employment Service (AMS) under section 3(8) AuslBG. The residence card is issued for 5 years (or the planned shorter stay).

See recorded sources
Limits of the record
  • The captured official page does not establish every condition for this route; verify the remaining route-specific rules before approval.
  • captured paragraph, Hinweis
    They have free access to the Austrian job market, as they can be certified by the Austrian Public Employment Service (AMS) (application form Confirmation of exemption pursuant to Section 3 (8) AuslBG
  • captured paragraph, Hinweis
    The ‘residence card’ is issued for the duration of 5 years or for the planned shorter length of stay. The permanent residence card is valid for 10 years.
  • captured paragraph, Voraussetzungen
    spouses or registered partners
  • captured paragraph, Voraussetzungen
    relatives of EU citizens or of their spouses or registered partners in a straight descending line (children, grandchildren, great‑grandchildren) up to their 21st birthday and beyond, insofar as they are actually maintained by them
  • captured paragraph, Voraussetzungen
    relatives of EU citizens or of their spouses or registered partners in a straight ascending line (parents or grandparents, great‑grandparents), insofar as they are actually maintained by them

When do permanent/long-term rights arise and what continuity, absence or retention conditions matter?

After 5 years of continuous, lawful residence in Austria, the holder receives, upon request, a permanent residence card, valid for 10 years. The extension of the permanent residence card must be applied for before the expiry of the most recent card.

See recorded sources
Limits of the record
  • The captured official page does not establish every condition for this route; verify the remaining route-specific rules before approval.
  • captured paragraph, Hinweis
    After 5 years of continuous, lawful residence in Austria, they receive, upon request, a "permanent residence card".
  • captured paragraph, Hinweis
    The ‘residence card’ is issued for the duration of 5 years or for the planned shorter length of stay. The permanent residence card is valid for 10 years.
  • captured paragraph, Fristen
    The extension of the *permanent residence card* must be applied for before the expiry of the validity of the most recent 'permanent residence card'.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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