Declaration of liability

A declaration of liability may be admissible or even mandatory for particular residence permits.

With a declaration of liability, a person or organisation declares that, in respect of the person applying for the residence permit, she/he is liable for:

• the requirements of accommodation and the related means of subsistence and
• the costs incurred by a local or regional authority (at federal, state, or municipality level) in enforcing a return decision, residence ban, expulsion order, deportation, for custody pending deportation or for the use of less severe measures, as well as under the welfare/minimum social security scheme or a federal or provincial law implementing the Grundversorgungsvereinbarung (Agreement on basic care and maintenance) under article 15a of the Bundes-Verfassungsgesetz (Federal Constitutional Law, B-VG) for foreign nationals who are in need of assistance and protection.

To receive "settlement permit - relative", the third-country national reuniting the family must sign a declaration of liability for her/his family members. The same applies for a "residence permit – social service provider" (here the declaration of liability must be submitted by the organisation for which the social service is provided).

A declaration of liability is admissible when applying for a residence permit under the categories "school pupil", "student" or "volunteer" and for "settlement permit – artists".

The declaration of liability must be notarised by an Austrian notary (→ ÖNK)^{German text} or an Austrian court and must be valid for at least five years.

Proof of capacity to bear any applicable costs must be provided at the time the declaration is made. It is an administrative offence to make an unviable declaration of liability.

Only one declaration of liability is admissible. However, that declaration may include several obligors, provided that, in the case of the compulsory declaration of liability, the person reuniting the family or the organisation/research institution concerned appears as an obligor. Each obligor is liable for herself/himself for the full amount of the liability.

Further links

Information brochure on the calculation of maintenance in the NAG (→ BMI)^{German text}

Legal basis

•     Section 2 paragraph 1 and 15 of the Niederlassungs- und Aufenthaltsgesetz (NAG)
•     Niederlassungs- und Aufenthaltsgesetz-Durchführungsverordnung (NAG-DV)