Relatives of EU citizens* and Swiss nationals who are third‑country nationals – Application for a residence card and permanent residence card

general information

*In this text, the term ‘EU citizen’ does not always refer only to EU citizens, but also to other EEA citizens (from Iceland, Liechtenstein or Norway) and Swiss nationals.

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.

Advice

They then 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) AuslBGGerman text.

After 5 years of continuous, lawful residence in Austria, they receive, upon request, a ‘permanent residence card’.

The ‘residence card’ and ‘permanent residence card’ constitute valid proof of identity and are issued in the form of a card (the size of a bank card). 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.

Advice

Relatives of EU citizens, who are themselves EU citizens and are entitled to reside in Austria for more than 3 months, receive, upon request, a ‘registration certificate’, as documentation of their right of residence, and after 5 years of lawful and continuous residence in Austria, a ‘certificate of permanent residence’, upon request. Detailed information on the registration certificate and certificate of permanent residence for relatives of EU citizens who are themselves EU citizens can also be found at oesterreich.gv.at.

requirements

The following 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, are entitled to reside in Austria for more than three months and can therefore request a ‘residence card’ and, after five years of continuous, lawful residence in Austria, a ‘permanent residence card’:

  • spouses or registered partners
  • 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
  • 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

deadline

The application for the ‘residence card’ must be submitted within four months of arrival in Austria. The application for the issuing of the ‘permanent residence card’ must be made before the expiry of the validity of the ‘residence card’.

The extension of the ‘permanent residence card’ must be applied for before the expiry of the validity of the most recent ‘permanent residence card’.

competent authority

The settlement authority that is responsible locally for the primary residenceGerman text of the relative of the EU citizen is:

procedure

You must apply in person for the ‘residence card’ and the ‘permanent residence card’ at the competent settlement authority. The application form can be obtained from the authority. Furthermore, the form for the application for the residence cardGerman text and the permanent residence cardGerman text can also be downloaded.

documents required

As evidence of the right of residence in accordance with Union law, the following documents must be submitted in particular:

  • a valid ID card or passport
  • recent photo (size: 35 x 45 mm to 40 x 50 mm)
  • the registration certificate or certificate of permanent residence of the EU citizen with whom the relationship of kinship exists
  • for spouses or registered partners: also
    • documentary evidence of the existence of the marriage or registered partnership
  • for children or grandchildren: also
    • documentary evidence of the existence of a familial relationship (e.g. a birth certificate)
    • from the age of 21: evidence of the provision of maintenance
  • for parents, parents‑in‑law and grandparents: also
    • documentary evidence of the existence of a familial relationship
    • evidence of the provision of maintenance

Advice

Whether or not certified translations from other countries will be recognised depends on the relevant procedural requirements. An apostilleGerman text may be required for recognition of the documents, for example.

Advice

If an original document in a foreign language must be submitted jointly with a certified translation, as a general rule the translation may only be carried out by sworn and legally certified translators. Translators from other EEA Member States may also be registered on the list of sworn and legally certified translators in Austria.

expenses

Federal fee of  56 Euro

Other costs may be incurred for the approval of photographic and fingerprint data, among other things.

additional information

Related links

legal basis

to form

Translated by the European Commission
last update: 1 February 2021

responsible for content: Federal Ministry of the Interior

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