Family reunification by sponsor permit: correctly assigning plus card, family member, settlement permit, quota and evidence.
In family reunification, the review starts with the person already living in Austria. Their citizenship, the exact residence permit and its legal basis determine which permit a spouse or child can apply for.
The term family reunification is only an umbrella. Depending on the sponsor, a Red White Red Card plus, family member permit, settlement permit or a Union law residence card may be the right answer. Whether a quota place may be required also depends on this assignment.
Section 46 NAG governs mainly reunification with third-country nationals. Section 47 NAG concerns certain Austrian, EEA and Swiss sponsors permanently resident in Austria who have not used a Union law free movement route.
The check sorts the most common sponsor groups and carries the result over into the contact enquiry.
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With these sponsor permits, the family path often leads to the Red White Red Card plus. Family relationship, general requirements, validity of the sponsor's permit and any German language skills must be documented.
For EU long-term residence and other settlement permits, Section 46 NAG distinguishes several cases. The legal basis of the sponsor's permit decides whether the plus card or a settlement permit and a quota apply.
For the core family of an Austrian person permanently resident in Austria, the family member permit generally applies where no Union law return situation is present.
A prior joint use of free movement can lead to a Union law documentation instead of the national family member permit. Country of residence, duration and joint family life should be recorded concretely.
For EEA or Swiss sponsors with a free movement right, the residence card may be the correct documentation. Gainful activity, sufficient resources or study of the sponsor and the family relationship must be positioned.
The colour of the card or colloquial description is not enough. Front and back of the card together with the issuing decision show the exact permit and the legal basis.
Section 2(1) point 9 NAG understands family members as spouses, registered partners and minor unmarried children, including adopted and stepchildren. Spouses and registered partners must already be 21 years old when the application is filed.
Parents, adult children and cohabiting partners do not automatically belong to this core family. For certain relatives of Austrian, EEA or Swiss sponsors, Section 47 NAG provides other paths with additional requirements such as actual maintenance or a declaration of liability.
The family relationship is only correctly assessed after the status assignment. The same person may not receive the same permit depending on the sponsor.
Family members of holders of a Red White Red Card, of certain Red White Red Cards plus, of a settlement permit researcher and of further expressly named permits receive a Red White Red Card plus where the requirements are met. For family members of EU Blue Card holders, Section 46(3) NAG contains its own rule.
For a sponsor with EU long-term residence or certain other plus card variants, a quota place may be required under Section 46(1) point 2 NAG. For a general settlement permit, Section 46(4) NAG can lead to a settlement permit for the family member, also with a quota.
The Family reunification topic page gives the overview. For the individual case, a copy of the card and the decision must show which variant actually applies.
Section 47(1) and (2) NAG covers Austrian citizens who are permanently resident in Austria and have not made use of a Union law right of residence of more than three months. Their third-country core family receives the family member permit where the requirements are met.
If, however, an Austrian person has actually lived together with the family in another EEA state and exercised free movement there, a Union law return situation may apply. The case must then not automatically be treated like a purely national reunification.
Earlier registration proofs, work or study documents, foreign residence cards and evidence of the joint household help with this classification.
EEA citizens who work in Austria, are self-employed, are studying or have sufficient resources and insurance may hold a Union law right of residence. Third-country family members regularly document their derived right with a residence card.
The national settlement permit is therefore not automatically the right answer to every family reunification. Citizenship and ground for free movement of the sponsor must be identified first.
A sponsor with a residence card is themselves a third-country national but may become relevant in a special family route under Section 46(1) point 2 letter d NAG. Here again, only the exact card type shows the right path.
After the permit is assigned, accommodation, health insurance and secured means of support usually still have to be checked. Section 11 NAG requires an overall assessment of legal right to housing, insurance coverage, fixed income and regular expenses.
Civil status documents prove marriage, partnership or parent-child relationship. German language evidence under Section 21a NAG can be required for the first issuance of certain family permits; several sponsor-, age- and health-related exemptions must be observed.
The Family reunification checklist arranges the evidence. It should only be used once it is clear which permit route and which family circle apply.
Between planning and decision, the sponsor may receive a new permit. A switch from Red White Red Card to plus card, from EU Blue Card to EU long-term residence or an expiry of the card can matter for permit type, validity and quota.
Changes should therefore be documented with the current card and decision. Outdated copies can lead to an incorrect classification even though the family relationship remains unchanged.
The Family reunification check is suitable for an initial update of the baseline situation. In the consultation, the full permit history should also be available.
No. The permit depends on the status of the sponsor. Besides the plus card, the family member permit, a settlement permit or a Union law residence card may be relevant.
Section 46 NAG provides for a quota place with certain sponsor permits, for example in parts of reunification with EU long-term residence or certain settlement permits. Other expressly favoured groups are exempt from the quota.
Without a relevant free movement history, Section 47(2) NAG and the family member permit generally apply to the core family. A Union law return situation must be assessed separately.
The decision can show the exact legal basis and prior history. For similarly named settlement permits, this information determines family permit and quota.