A child born in Austria may apply for a residence permit in Austria within six months of birth in a family reunification case if the sponsor is lawfully resident.
A special in-country application under section 21(2) point 4 NAG may be available for a child born in Austria. This applies in a family reunification case within six months of birth where the sponsor who is responsible for the child's care and upbringing is lawfully resident in Austria.
Birth in Austria does not replace a residence permit. The assessment must bring together the child's date of birth, identity, family relationship, the sponsor's residence title and lawful residence, and the sponsor's responsibility for the child's care and upbringing.
The key step is to file the application with the competent authority in time. Section 21(2) point 4 NAG opens an in-country application route. The other requirements of the residence title applied for and the usable certificates still require a separate assessment.
This check sorts the place of birth, family reunification, the sponsor's residence and the six-month period.
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First establish the place of birth, family reunification and the specific residence title to be applied for. The special in-country route under section 21(2) point 4 NAG requires a child born in Austria and the conditions set out there.
Arrange the sponsor's residence title and current residence status. It must also be clear that this person is responsible for the child's care and upbringing. Only then can the special in-country route be assessed reliably.
Section 21(2) point 4 NAG refers to an application within six months of birth. Compare the date of birth with the intended filing date and complete the child's identity and birth evidence. If the period is unclear, the individual file should be reviewed promptly.
Where the child was born in Austria, the case concerns family reunification, the sponsor is lawfully resident and responsible for care and upbringing, the special rule in section 21(2) point 4 NAG may permit an in-country application. File within six months of birth with the appropriate document chain and the other evidence required for the title applied for.
Section 21(1) NAG sets the general starting point: initial applications are filed before entry with the competent Austrian representation abroad and the decision is awaited abroad. Section 21(2) point 4 NAG creates a different option for children in a family reunification case.
The exception rests on four facts: the child must have been born in Austria, the application must be filed within six months of birth, the case must concern family reunification and the sponsor must be lawfully resident. The sponsor must also be responsible for the child's care and upbringing.
The place of birth alone therefore does not determine the route. A child born in Austria still requires an assessment of the intended residence title and its applicable issue requirements.
The statutory wording refers to six months after birth. The file should therefore record the exact date of birth and the intended filing date. The special rule does not support a general statement about a later application.
The time-limit check should be combined with document preparation. The birth record, identity document and the sponsor's residence documents must be organised so that the application can be filed within the statutory period.
Where the date of birth, the calculation or the intended filing date is uncertain, the competent authority or legal adviser should review the individual file against the original documents.
Section 21(2) point 4 NAG requires a sponsor who is responsible for the child's care and upbringing. It is therefore not enough to name a parent's residence title in the abstract. The relevant person, lawful residence and legal allocation of responsibility matter.
The sponsor's residence title or residence documentation and the records proving the family relationship belong in one file. Where names differ or custody arrangements are special, additional documents should be organised early.
The guide to children in family reunification explains the distinction between family relationship, custody and school documents.
The birth record should identify the child, the date of birth and the parents clearly. A usable identity document for the child should also be prepared. Which form is sufficient in the individual procedure depends on the file and the title applied for.
Different spellings, transliterations or later corrections should not remain unexplained. A traceable chain of documents helps the authority assign identity and family relationship to the same person.
The family reunification checklist can help organise the general documents. The issuing form of the specific birth record remains decisive for birth certificates and certifications.
Section 21(2) point 4 NAG answers the place of filing. It does not by itself mean that the residence title applied for will be issued. The application must be prepared with the personal, family and other evidence required for that title.
The family reunification topic page helps classify the family route. It does not replace an assessment of the child's specific title and current documents.
Under section 21(6) NAG, an in-country application under point 4 does not create a right to remain beyond the permitted visa-free or visa-required stay. The provision also leaves measures under the Aliens Police Act unaffected.
Section 21(2) point 4 NAG permits this in a family reunification case within six months of birth where the sponsor is lawfully resident and responsible for the child's care and upbringing.
Yes. The special rule refers to six months after birth. The date of birth and intended filing date should therefore be checked against the documents.
The residence title alone does not answer the question. It must also be assessed whether the person is lawfully resident, qualifies as the sponsor and is responsible for the child's care and upbringing.
No. Birth may open the special in-country route under section 21(2) point 4 NAG. The title applied for and its other requirements still have to be assessed and evidenced separately.
Section 21(6) NAG provides that an in-country application under point 4 does not create a right to remain beyond the permitted stay. Measures under the Aliens Police Act remain unaffected.
Prepare custody, certificates and school arrangements separately.
Classify the residence route from the sponsor's status.
Collect certificates and general evidence in order.
A different family-related status situation in overview.