Derive the family permit from the sponsor status
A copy of the sponsor's card and the decision show whether the plus card, family member permit, settlement permit or a Union law residence card come into consideration for the child.
Children in family reunification: clarifying custody, certificates and school life early
Children in family reunification: preparing sponsor permit, birth certificate, custody, consent, passport and school arrangements separately.
25 July 2026
Documents
Mag. Mirela Saric, Attorney at Law
When a child moves in the course of family reunification, residence law, legal representation and everyday life run in parallel. The birth certificate proves parentage, but does not always answer who is allowed to file the application or consent to the permanent move.
For the residence permit, the child's minority and unmarried status, the status of the sponsor in Austria, the general conditions for issuance and usable certificates count above all. Custody decisions or declarations of consent become important where not all custody holders act together.
A school place, school reports and language support should be arranged early. However, they are not a general condition for issuance under the NAG and should therefore not be mixed with the legal evidence.
Child reunification check
Which area must be clarified before the move?
The check separates residence permit, custody documents and school arrangements. The result is passed on with the enquiry.
Already know you want to get in touch? Go straight to the enquiry form.
Is the exact permit of the sponsor in Austria known?
All paths at a glance
Overview of all answers.
Document consent to the permanent move
If not all custody holders act jointly, custody, representation and consent must be documented in a traceable way. The wording and scope of foreign decisions have to be reviewed carefully.
Clarify custody and representation legally first
Neither a birth certificate nor a shared family name automatically shows who may decide about the move alone. The relevant family law documents are needed.
Close the chain of identity and family relationship in writing
Compare passport, birth certificate, custody documents and sponsor documents. Different names, transliterations or dates of birth need a documented link.
Finalise the residence package and school start separately
Once permit route, custody and certificates are arranged, add accommodation, insurance and means of support. School reports and school documents can be prepared in parallel for the start in Austria.
Minor unmarried children belong to the NAG core family
Section 2(1) point 9 NAG counts minor unmarried children, including adopted and stepchildren, as part of the core family. Reaching adulthood or an existing marriage therefore change the statutory classification in a fundamental way.
A separate residence permit must be applied for for each child. The family relationship is proven by the birth certificate, an adoption document or the civil status documents relevant for a stepchild.
The child's permit does not follow automatically from a parent's permit. The Family reunification topic page shows which permit route follows from the status of the sponsoring person.
Custody and legal representation are two separate assessments
The authority must be able to recognise who effectively files the application for the minor child. In addition, for the permanent change of residence, the consent of a further custody holder or a court decision may be required.
Sole custody should be documented by the current decision or another suitable public document. With joint custody, it must be clarified whether both persons sign the application and consent to the move.
Foreign decisions must be read on the merits. Terms such as custody, guardianship or parental responsibility do not cover the same scope in every state. Translation, legal force and, where applicable, recognition are separate questions.
Birth certificate and passport must document the same child
The passport proves identity and citizenship, the birth certificate parentage. Different name orders, transliterations or later name changes should be linked traceably by additional documents.
Documents should be prepared as originals and copies. Documents not issued in German or English regularly need a translation. Depending on the state, an apostille or legalisation may also be required.
For adopted and stepchildren, an ordinary birth certificate is not always enough for the whole chain of relationships. The adoption decision, the marriage certificate of the parent and the current custody documents may be required together.
The general requirements include the child
The accommodation must be of local standard for the family that will live together in future. The legal right to housing and the number of persons moving in should therefore be visible together from the tenancy agreement, ownership evidence or other right to housing.
The child also needs health insurance coverage that is liable to provide benefits in Austria and covers all risks. A planned co-insurance should not just be claimed but prepared on the basis of the specific family and insurance data.
For means of support, children raise the household's needs. Income, family size and regular expenses should therefore be shown in a joint calculation. The Family reunification check helps with the first inventory.
Children under 14 do not need German before entry
The official information on family reunification does not require German before entry for persons who have not yet completed their 14th year of age at the time of application. For older minor children, the question depends on the permit applied for and the exemptions of Section 21a NAG.
The language evidence is different from later school support. A child may not need an A1 proof under residence law and still require special support at the start of school after arrival.
Age on the day of application, exact permit and any exemption should be documented before a course or examination is booked.
School is important, but not a general NAG requirement
A school admission confirmation is not one of the general conditions for issuance under Section 11 NAG. It should therefore not be treated as a substitute for sponsor permit, family certificates, accommodation, insurance or means of support.
For a practical start, last school reports, attendance confirmations, translations, vaccination and health information and details of previous schooling help. Which school is competent and which grade level fits is clarified with the education directorate and the school.
Where school arrangements begin in parallel with the residence procedure, the two files should stay separate. A missing translation of a school report can then not accidentally be treated as an obstacle under residence law.
Application, consent and move need a joint chronology
As a general rule, initial applications under Section 21 NAG are filed abroad. For certain children, there are special options for filing in Austria, for example in statutorily regulated situations after birth. The specific route depends on age, place of birth, sponsor permit and current residence.
Obtaining a passport, custody documents and consent to the move may take more time than filling in the application. These documents should therefore be started early.
The Family reunification checklist arranges the residence package. Alongside it, keep a separate school folder so that legal and practical preparation stay clear.
Common questions on children in family reunification
Do stepchildren count as family members?
Yes. Section 2(1) point 9 NAG counts minor unmarried stepchildren, like adopted children, as part of the core family. Family relationship and custody must be documented with the appropriate certificates.
Is a birth certificate enough if only one parent moves to Austria?
Not always. The birth certificate proves parentage. In addition, it may need to be documented who holds custody and whether the other custody holder consents to the permanent move.
Does a twelve-year-old child need an A1 German language proof?
No. Persons who have not yet completed their 14th year of age at the time of application are exempt from the German before entry requirement.
Does a school place need to be confirmed before the residence application?
School admission is not a general condition for issuance under Section 11 NAG. Nonetheless, school arrangements should be prepared in parallel so that reports, grade placement and language support are ready in time.