NAG decision within 90 days: when are 30 additional days allowed?

The basic rule is without undue delay and no later than 90 days

Section 19a(1) NAG requires the competent settlement and residence authority to decide on issuing a residence permit without undue delay. The statutory maximum is 90 days, unless section 19a(3) or Part 2 NAG provides a different rule.

The 90 days are therefore a maximum period, not a promise that every decision can wait until the final day. If the application is ready for a decision earlier, the duty to decide without undue delay points towards an earlier outcome.

Certain employer-related procedures may also involve an authority under sections 20d or 20e AuslBG. The application and the competent authority must still be identified before the period can be assessed.

Document receipt, completeness and the starting point

A reliable calculation starts with a procedural timeline. Record when the application reached the competent office, which permit was requested and which file number the authority assigned.

For combined permits, Article 5(2) of Directive (EU) 2024/1233 describes a 90-day period running from submission of a complete application. Article 5(4) provides for a written request if information or documents are missing and regulates the effect of the period until the requested material is received. This EU rule concerns combined permits and cannot be applied to every residence permit without checking the relevant legal basis.

In practice, keep the application, list of attachments, requests for further documents, replies and confirmations together. The page on documents and deadlines helps organise the file.

Several residence permits are outside the basic period

Section 19a(3) NAG excludes, among others, the settlement permit under section 43, the artist settlement permit under section 43a(1)(2), the settlement permit excluding employment under section 44 and the long-term resident EU permit under section 45.

It also covers permits under sections 46, 46a, 47 and 69. In addition, residence permits under sections 59, 60, 63 and 66 are listed, as is a section 62 procedure in the statutory situation for a person exempt from the AuslBG.

The question therefore cannot be answered with a blanket 90-day statement. Check the exact provision, procedure and any special period. The NAG glossary entry provides the framework, but the application itself must still be assessed.

An additional 30 days requires exceptional complexity

Section 19a(2) NAG allows the period in paragraph 1 to be extended by 30 days. Exceptional and sufficiently justified circumstances must exist, and they must relate to the complexity of the application.

The reasons must therefore concern the particular application. General workload, a reference to many pending cases or an unexplained delay does not identify the exceptional difficulty required by the rule.

The authority must communicate the extension to the third-country national before the basic period expires by a procedural order under section 7(1) VwGVG. The absence of a decision alone cannot create an extension.

A valid extension leads to a maximum of 120 days

A valid extension adds 30 days to the 90-day basic period. For applications covered by section 19a(1), this produces an outer limit of 120 days. The additional period is not a freely repeatable stage.

Calculate the two periods separately: first the 90 days from the relevant receipt, then the additional 30 days. Record the date of the procedural order and the specific reason next to the calculation so that the timing can be checked.

The 30-day extension does not apply to residence permits under sections 64 or 67. These permits are expressly excluded from the extension. This is distinct from the broader exclusions from the basic period in section 19a(3).

A delay does not automatically extend the deadline

If no decision has been issued after 90 days, first assess the period from the file. The authority can rely on an extension only if the statutory requirements and timely procedural order are established.

Without such a notice, or where the reasoning only describes a general delay, the result is an open question about the lawfulness of the continued duration. This finding does not by itself answer whether a particular remedy is available.

For the next assessment, read the article on a remedy when the NAG authority does not decide. If a decision has already been served, the service date and appeal period become relevant.

These documents make the deadline reviewable

A rough memory of the application date is usually not enough. The documents should show the application, receipt and authority steps in an unbroken sequence.

Keep the complete application, submission confirmation, file number, requests for further documents and your replies. If an extension was issued, add the procedural order, the date it was received and its reasons.

Sort every file by date and identify the procedural step. Mark which documents were available at submission and which were provided later. This separates calculation of the period from the later assessment of how the procedure was handled.

Frequently asked questions about the NAG decision period

Related information on NAG procedures