Journal

Bringing a spouse to Austria: arranging evidence in NAG proceedings

Spouse reunification to Austria: arranging sponsor permit, marriage certificate, accommodation, insurance, means of support and German language evidence.

23 July 2026
Documents
Mag. Mirela Saric, Attorney at Law

In spouse reunification, the marriage certificate does not decide on its own. The residence permit of the person in Austria sets the legal path, while the marriage, the general conditions for issuance and the personal documents are proven in a separate application.

A complete package therefore answers five questions: who is the sponsoring person, which permit applies, is the marriage documented as a matter of civil status, how are accommodation and means of support secured, and is a German language proof required.

Section 2(1) point 9 NAG counts spouses and registered partners as part of the core family when both are already 21 years old at the time of application. The specific permit route follows in particular from Sections 46 or 47 NAG.

Spouse check

Which evidence block needs attention first?

The check links the sponsor's permit, civil status and general requirements with an active enquiry.

Already know you want to get in touch? Go straight to the enquiry form.

01 Question 1

Is the exact status of the person in Austria known?

All paths at a glance

Overview of all answers.

01

Identify the sponsor's permit clearly first

A copy of the card and the decision show whether a Red White Red Card plus, family member permit, settlement permit or Union law documentation may apply.

02

Make the civil status documents usable

Check the marriage or partnership certificate, names, issuing state and translation. Depending on the state, an apostille or legalisation may also be required.

03

Document the household and the basis of subsistence

Arrange right to accommodation, size of the flat, health insurance, income and recurring expenses together. The authority assesses the situation of the planned family household.

04

Finalise the application route and the German language question

Once sponsor permit, marriage and general requirements are documented, application filing, the competent authority and any evidence under Section 21a NAG remain to be clarified.

Marriage, identity and minimum age must fit together

Family members within the meaning of Section 2(1) point 9 NAG include, among others, spouses and registered partners. Both must already have completed their 21st year of age when the application is filed. Passports, dates of birth and civil status certificates must therefore be free of contradictions.

Where names differ in form or transliteration, the link should be documented. A marriage certificate with a different spelling from the passport is not worthless, but it needs a traceable link.

Foreign documents should generally be prepared as originals and copies. Documents not issued in German or English regularly need a translation; depending on the issuing state, the authority may require certification.

The planned joint household needs solid evidence

Section 11(2) NAG requires for many family permits a legal right to accommodation of local standard for a comparable family. A tenancy agreement, ownership evidence or another secured right to housing must therefore show not only an address, but the actual right to use.

The health insurance must cover all risks and be liable to provide benefits in Austria. Later co-insurance may fit, but should be documented on the basis of the actual insurance requirements.

For secured means of support, the authority looks at fixed and regular income together with regular expenses. Payslips, employment contract, bank statements and expenses together give a fuller picture than a single monthly wage. The Family reunification check helps to sort these areas.

German before entry depends on the permit applied for

Section 21a NAG generally requires basic German language skills for the first issuance of certain family permits. The language certificate from a recognised institution must not be older than one year when submitted.

There are exemptions. Among others, family members of holders of certain permits, such as the Red White Red Card for very highly qualified applicants, the EU Blue Card or the settlement permit researcher, are exempt. Age and state of health can also be relevant.

The German language proof should therefore be assessed only after the permit has been assigned. Any course certificate without a recognised examination centre and matching issue date does not reliably satisfy the evidence requirement.

The place of application is a separate legal question

Section 21(1) NAG lays down as a principle that initial applications must be filed before entry with the competent Austrian representation abroad and that the decision is to be awaited there. The law contains several exemptions allowing an application in Austria.

Whether an exemption applies depends, for example, on citizenship, lawful entry, current stay and sponsor's permit. The option to file in Austria does not by itself say for how long a lawful stay on another ground exists.

For preparation, place of residence abroad, entry possibility, current residence status and planned joint place of residence should be clear. That way, the competent authority can be identified without detours.

A clear chronology explains the family situation

The application should present marriage, previous places of residence, personal meetings and the planned joint household in a traceable way where the authority asks for documents. It is not about as many photos as possible, but about consistent information and matching evidence.

Section 11(1) NAG excludes issuance in the case of a marriage of convenience. Contradictions between forms, certificates and statements should therefore be clarified before filing, rather than being covered up by additional, unsorted documents.

The Family reunification checklist helps arrange certificates, housing evidence and income documents by evidence topic.

Common questions on spouse reunification to Austria

Is the marriage certificate enough for family reunification?

No. In addition, the matching sponsor permit, the general conditions for issuance and personal documents must be documented. The certificate proves the marriage, but does not decide the residence permit on its own.

Must both spouses be 21 years old?

Yes. Section 2(1) point 9 NAG requires that spouses and registered partners have already completed their 21st year of age when the application is filed.

Does every spouse need an A1 German language certificate?

No. The requirement depends on the permit applied for, and Section 21a NAG contains several exemptions. Sponsor permit, age, state of health and the specific type of application must be taken into account.

Can the application be filed in Austria?

The principle is that the initial application is filed abroad. Section 21 NAG, however, contains several cases in which an application in Austria is permitted. Citizenship, entry, current stay and sponsor permit are decisive.