Independent residence right after separation or divorce: section 27 NAG, the one-month notification, predominant responsibility, violence and evidence.
If your residence permit is based on family reunification and the relationship breaks down, your residence in Austria does not end automatically. Section 27 of the NAG provides an independent settlement right for certain family members. The decisive points are the title you hold, whether the family-reunification requirements have ceased to exist and whether a special situation such as a divorce predominantly caused by the other spouse or domestic violence applies.
Separation is not the same as divorce. It may nevertheless mean that the requirements for family reunification are no longer met. The authority must then examine whether a residence title with a purpose at least corresponding to the previous purpose must be issued. General requirements and possible statutory bars still matter.
Section 27(4) NAG requires the relevant circumstances to be reported to the authority without delay and no later than one month. This is not a reason to wait. The residence card, civil-status documents, decisions and a clear chronology should be organised promptly.
This article concerns the consequences of separation or divorce for an existing family-based title. The family-reunification topic page provides the starting point for a first classification.
This check distinguishes separation, divorce, death and special protection grounds. It does not replace a review of the title, decision and deadlines.
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Separation does not automatically cancel the title. If the family-reunification requirements no longer exist, section 27(1) NAG requires examination of an independent title whose purpose corresponds at least to the previous purpose. The title card, residence, insurance, means and the actual situation belong in the review.
Section 27(2)(1) NAG expressly addresses the death of a spouse, registered partner or parent. The death certificate, current title and evidence of the family relationship should be produced promptly. The authority must then determine which title corresponds to the previous purpose.
Section 27(2)(2) NAG covers divorce or dissolution of a registered partnership because the other spouse was predominantly responsible. It may allow a title to be issued despite a bar under section 11(1)(4) to (6) or despite the absence of a section 11(2) requirement. The final decision and its reasoning are central.
Not every divorce falls under section 27(2)(2) NAG. If there is no corresponding finding, section 27(1) and the general requirements remain relevant. The authority needs the current title, divorce decision, service information and an up-to-date account of housing, insurance and means.
Section 27(3) NAG lists particularly deserving reasons. These include being a victim of a forced marriage or forced partnership and violence where an interim injunction under sections 382b or 382c of the Enforcement Code has been issued against the sponsor. Protection documents must be secured and placed in the residence proceedings promptly.
Section 27(1) NAG concerns family members holding a title under section 8(1)(2), (4), (5) or (8) NAG. This includes the Red-White-Red Card plus, the settlement permit, the settlement permit excluding employment and the family-member title. The exact card is therefore the first point to check.
If the family-reunification requirements no longer exist, a title must be issued whose purpose corresponds at least to the previous purpose. The rule is linked to the absence of a bar under section 11(1) and satisfaction of the requirements in section 11(2).
The family-member glossary entry helps with terminology. It does not replace a review of the card and the authority file.
For separation without a court divorce, section 27(2)(2) is not the starting point. The first question is whether the factual requirements of family reunification have ceased and which residence purpose can be maintained. Separate homes, the end of the shared household, changed support arrangements and a lasting breakdown may be relevant facts.
The authority does not look only at a registration address. It may examine the actual family life, support, children, housing and previous residence. Inconsistent statements in family proceedings, registration records and the NAG file make classification more difficult.
Prepare a chronology: the shared household, the actual date of separation, new housing, support, children and authority steps. A clear account does not replace evidence but shows which documents remain open.
Section 27(2)(2) NAG expressly refers to divorce or dissolution of a registered partnership because the other spouse was predominantly responsible. The mere fact that a marriage ended does not trigger this special rule.
The final court decision is therefore particularly important. Review the operative part, reasons and any finding on responsibility. A private agreement or a personal account of the separation does not automatically replace the court’s findings.
The special rule concerns certain section 11(1)(4) to (6) bars and missing section 11(2) requirements. It does not remove every possible obstacle. The renewal topic overview helps with planning but cannot replace a section 27 review.
The death of a spouse, registered partner or parent is expressly listed in section 27(2)(1) NAG. The death certificate and civil-status documents show the family relationship. Additional facts are important where children or economic dependence are involved.
Section 27(3) lists particularly deserving reasons, including forced marriage or forced partnership and violence where an interim injunction under sections 382b or 382c of the Enforcement Code has been issued. Protection and residence law must be considered together.
Protection records should be kept secure. The injunction, authority documents, medical material and a coherent chronology may be relevant. In immediate danger, protection comes before the residence procedure.
Section 27(1) refers to section 11(1) and (2) NAG. Section 11(2) includes an ordinary right to suitable housing, health insurance that covers risks and is liable to perform in Austria and sufficient means so that the stay is not a financial burden on a public authority. The calculation depends on the household and regular liabilities.
Section 11(1) contains mandatory bars. Depending on the case, these include a marriage of convenience under section 30(1) or (2) NAG, an overstay or a final conviction for certain unlawful-entry offences. Section 27(2) addresses bars in numbers 4 to 6, not every possible bar.
Divorce therefore does not protect against every refusal. The card, residence history, housing, insurance, means, possible bans and the court decision must fit together.
Under section 27(4) NAG, the circumstances under paragraphs 1 to 3 must be reported to the authority without delay and no later than one month. This can include the loss of family-reunification requirements, death, divorce or a protection ground.
The notification should not be a bare sentence. Include the title card, passport data, relevant civil-status documents, the court decision or protection records and a short chronology. State openly which documents are still being obtained.
Secure proof of receipt, file number and every deadline. If the authority issues a decision, service and the appeal information matter. The article on refusal and appeal in NAG explains the next step after a negative decision.
First read the card: designation, validity, purpose and issuing authority. Then set out the family history chronologically. Finally separate the questions under section 27(1) to (3) from the general requirements under section 11.
Sort documents by function: family relationship, end of the original basis, current housing, insurance, means, divorce or death certificate and protection records. Translation and authentication depend on the state of issue and should be checked separately.
An enquiry should state the expiry date, the date of the relevant event and the current title. This makes it possible to distinguish a notification, a renewal and a response to a served decision.
Separation does not automatically cause immediate loss of the title. It may change the family-reunification requirements. Section 27(1) NAG then requires examination of an independent title and the requirements in section 11 NAG.
No. It refers to divorce because the other spouse was predominantly responsible, or to the corresponding dissolution of a registered partnership. The final decision and its finding on responsibility must be reviewed.
Section 27(4) NAG requires the circumstances under paragraphs 1 to 3 to be reported without delay and no later than one month. This can include separation, death, divorce or a special protection ground. The title and supporting documents should be included.
Section 27(3) NAG lists violence where an interim injunction under sections 382b or 382c of the Enforcement Code has been issued and victims of forced marriage or forced partnership as particularly deserving cases. Protection documents should be secured promptly.
Yes. Section 27 does not remove every bar. The title, section 11 NAG, housing, insurance, means, residence history and the actual court decision may all remain relevant.