Settlement Permit under Section 56 for Extended EU-law Family

In this context, family members are:

life partners who can provide evidence of a long-term relationship or

who in the country of origin were already dependants of the person reuniting the family or

who in their country of origin have already lived in the same household as the person reuniting the family or

whose serious health condition makes personal care absolutely necessary.

Family members from third countries may apply for this "settlement permit“ if the person reuniting the family:

other family members

is an Austrian or EEA citizen who has the right to reside in Austria under EU law or, as a Swiss national, has exercised the right to reside in Austria for more than three months under the EC-Switzerland agreement on the free movement of persons and

is permanently resident in Austria.

In addition, the person reuniting the family must also submit a declaration of liability.

Marriage certificate, certificate of partnership, adoption certificate, proof or certificate of family relationship

Evidence of a long-term relationship with the person reuniting the family

Documentary evidence from a competent authority in the State of origin of maintenance payments made by the EEA citizen or of having lived together in a single household

Proof of the severe health condition for which personal care administered by the EU citizen is urgently required

Additional documentation may be required in individual cases.

Whether certified translations from other countries will be recognised depends on the relevant procedural requirements. An Apostille may be required for recognition of the documents, for example.

Documents and records in English do not, as a rule, require translation.

The general conditions for the issue of residence permits (with the exception of the legal right to adequate accommodation) and the specific conditions for issue (see section 'requirements' must be met. In addition, the person reuniting the family must also submit a declaration of liability.

Proof of health insurance covering all risks

Proof of a secure livelihood (in particular pay slips; pay certificates; employment contracts; confirmation of pension, retirement or other insurance benefits; proof of sufficient investment capital or own assets).

Not accepted: proof of social benefits to which entitlement would arise only in the event that the residence permit is granted, in particular welfare benefits or the equalisation supplement.

Application fee: 218 Euro

The foreign national must, in principle, submit his/her application for "settlement permit" in person either abroad before entering Austria to the Austrian representative authority (embassy or consulate), or after lawfully entering and residing in the country to the relevant local settlement authority.

An application in Austria for a 'settlement permit for other family members of EU citizens and Swiss nationals' may be made following lawful entry and whilst lawfully residing in the country. However, applying for the first residence permit does not entitle the applicant to remain in the country whilst awaiting the outcome of the procedure; in other words, if the visa-free period or the visa has expired and the residence permit has not yet been issued, the applicant must leave the country.

Decisions on the issue of "settlement permit" under section 56 of the NAG must be given by the competent settlement authority without delay and within 90 days at the latest.

The entry visa must be applied for within three months of notification by the representation authority of the intended positive settlement and the residence permit must be collected from the domestic authority within a further three months (= 6 months).

Furthermore, when submitting a first application for 'settlement permit', third-country nationals must prove knowledge of German.

A 'settlement permit' (under section 56 (1) of the NAG entitles family members from third countries (States which are not members of the EEA, with the exception of Switzerland) to reside for a limited period of time and to pursue an economic activity as a self-employed person.

If you already hold a ‘settlement permit’ and wish to extend its validity, you must submit your application for extension in person to the relevant settlement authority in Austria before the permit expires, but no earlier than three months before that date.

they fulfil the general conditions for the issue of a residence permit

a quota place is available and

written notification has been received from the regional office of the Austrian Public Employment Service (AMS) in accordance with section 20e (1)(1) of the AuslBG (Law on the employment of foreign nationals).

Holders of ‘"settlement permit"’ may receive a ‘Rred-white-red – card plus’ if: