Section 21(2)(9) NAG may allow third-country nationals with an Austrian school-leaving, examination or diploma certificate to file a residence permit application in Austria.
Section 21(2)(9) of the Austrian Settlement and Residence Act (NAG) gives a defined group of third-country nationals the possibility of filing a residence permit application in Austria. The provision covers persons who hold an Austrian school-leaving certificate, school-leaving examination certificate or diploma examination certificate from a domestic or foreign school.
The special rule also depends on two facts about the stay: entry must have been lawful and the stay must still be lawful when the application is filed. The certificate therefore does not decide the application by itself.
This article distinguishes the certificate-based in-country route from the general first-application rule, the requirements of the requested residence permit and the limits of the permitted stay. It focuses on what Section 21(2)(9) NAG actually permits and which documents need to be read together.
This short check covers the certificate, lawful entry, the current stay and the requested residence permit. It does not replace an individual assessment by the authority or a lawyer.
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Collect the complete certificate, the issuing school, the designation of the qualification and any supporting documents. Section 21(2)(9) NAG expressly refers to an Austrian school-leaving, school-leaving examination or diploma examination certificate. Whether the document falls within that wording should be checked against the original and the requested permit.
A certificate alone does not establish the in-country route. Secure the passport, entry record, visa or visa-free basis and the current status. Section 21(2)(9) NAG requires lawful entry and lawful stay, so open or conflicting facts should be clarified before the next step.
The special rule concerns the possible place of filing. It does not replace the requirements of the requested residence permit. Organise the purpose, permit type, identity, certificate, entry and current stay in one consistent documentary record.
If the certificate, lawful entry, lawful stay, permit type and documents fit together, the special in-country filing route is ready for targeted review. Section 21(6) NAG still applies: filing in Austria does not extend the permitted visa-free or visa-required stay.
Section 21(1) NAG generally requires a first application to be filed before entry with the competent Austrian representation authority abroad. Section 21(2) lists exceptions for defined groups. Subsection 2(9) covers third-country nationals who hold an Austrian school-leaving, school-leaving examination or diploma examination certificate from a domestic or foreign school.
The immediate legal effect concerns the place of filing. Subject to the additional conditions in subsection 2(9), the person may file the application in Austria. This does not decide whether the requested residence permit will be granted.
The general article on the first application inside or outside Austria explains the wider system. This article focuses on the certificate as a specific statutory exception and on the limits of that exception.
The statutory wording refers to an Austrian school-leaving, school-leaving examination or diploma examination certificate from a domestic or foreign school. The exact designation of the document therefore matters. A general reference to a school qualification does not answer the statutory question by itself.
The file should contain the complete certificate, the issuing school and the information needed to identify the qualification. If names, dates or supplementary documents differ, the record should show which document proves the qualification and how the difference is explained.
The certificate opens the special route for filing in Austria. It does not replace the requirements of the requested permit. It also does not automatically answer questions about language evidence, maintenance, accommodation, insurance or other permit-specific requirements. The article on German-language evidence for a first NAG application addresses a separate document question.
Section 21(2)(9) NAG requires the application to be filed after lawful entry and during a lawful stay. Both facts form part of the exception. The certificate cannot replace lawful entry or lawful stay.
The file should therefore record the entry date, passport, visa or visa-free basis and the end of the permitted stay separately. The facts should correspond with the application and the supporting documents.
An unclear entry or unclear current status is a separate issue that should be resolved first. The certificate-based rule should not be treated as a general cure for a residence problem.
The place of filing is only one part of the procedure. Before filing, the applicant should identify the requested residence permit and the purpose of the stay. The certificate rule determines a possible place of filing, not every further requirement for the permit.
A consistent documentary record connects identity, certificate, entry, current stay and the requested permit. Additional evidence depends on the permit type and must be reviewed on its own terms.
A practical sequence is to establish the exception under Section 21(2)(9) NAG first and then review the requirements of the requested permit. This avoids treating the possibility of filing in Austria as a positive decision on the permit.
Section 21(6) NAG provides that an in-country application under subsection 2(9) does not create a right to remain beyond the permitted visa-free or visa-required stay. Filing therefore does not automatically extend the period of lawful stay.
In practice, filing and the end of the permitted stay must be monitored at the same time. Keep proof of the filing date and record the expiry of the permitted stay from the relevant documents.
The same provision states that an in-country application does not prevent measures under the Austrian Aliens Police Act (FPG) and cannot have suspensive effect in FPG proceedings. An open NAG application therefore does not answer every question concerning a removal measure.
A first review should bring together four groups: the school-leaving, school-leaving examination or diploma examination certificate, identity and travel documents, evidence of entry and current stay, and the documents for the requested residence permit.
The certificate documents should be complete and legible. If the certificate, passport and application use different names or dates, record which document explains the difference. For a foreign school, use the document's actual designation rather than an informal shortened label.
This structure is a preparation aid and is not a complete list for every permit. The authority may request further evidence. The central question is whether the filing basis, lawful entry, lawful stay and requested permit can be understood together.
No. Section 21(2)(9) NAG also requires lawful entry and lawful stay. The requested residence permit and its remaining requirements must be reviewed separately.
No. Section 21(6) NAG states that an in-country application under subsection 2(9) does not create a right to remain beyond the permitted visa-free or visa-required stay.
The statutory wording refers to an Austrian school-leaving, school-leaving examination or diploma examination certificate from a domestic or foreign school. Whether the specific document matches that wording should be checked against the original, the school and the requested application.
No. The certificate concerns the special possibility of filing in Austria. The requested permit still depends on its own requirements and on complete evidence.
Review the general filing-location rules and their differences.
Assess language evidence as a separate requirement.
Organise the purpose, documents and lawful stay in one file.