What family members need to check after the death of an EEA citizen with an EU law residence right: the one-year requirement, prompt notification and evidence.
The death of an EEA citizen whose residence in Austria was based on EU law does not automatically end the residence right of a third-country national family member. For the right to continue under section 54(3) NAG, two points must be evidenced: before the death, the person lived in Austria as a family member for at least one year, and the person meets one of the individual requirements in section 51(1)(1) or (2) NAG.
The family member must notify the authority of the death and the changed circumstances without undue delay. Section 54 NAG does not specify a fixed number of days for this notification. This duty has a different starting point from the four-month period for the initial residence-card application after entry.
This article deals with continuation of the residence card after the death of the reference person. Divorce, an independent residence right under section 54(5) NAG and the permanent residence card after five years require separate assessments.
This check separates the one-year residence requirement, individual requirements and the special rule for minor children.
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For a minor third-country national child of an EEA citizen with an EU law residence right, section 54(4) NAG can preserve the residence right until the end of schooling. The same can apply to a third-country national parent who actually has custody. The child's age, schooling, custody and residence documents therefore require a separate review.
First organise the relationship with the EEA citizen, entry, residence in Austria and the date of death. For spouses or registered partners, section 54(3) NAG requires a separate review of at least one year of residence as a family member.
Section 54(3) NAG links continuation to at least one year of residence in Austria as a family member before the EEA citizen's death. Compare the entry date, registrations, residence card and family relationship with the date of death. A current card copy alone does not answer the entire time question.
For continuation under section 54(3) NAG, the person must also show an individual requirement under section 51(1)(1) or (2) NAG. This can be employment or self-employment. It can also be sufficient means of support together with comprehensive health insurance. The chosen basis and its evidence must fit together.
If the one-year residence as a family member and an individual requirement under section 51(1)(1) or (2) NAG can be evidenced, notify the authority of the death without undue delay. Organise identity, family status, residence period, death certificate and evidence of employment, self-employment or support. The competent settlement authority will then assess the documentation and the further form of residence-card documentation.
Section 54(3) NAG protects the residence right of family members after the EEA citizen's death when the statutory requirements are met. The death therefore starts a new review of the facts. The key issues are residence as a family member before the death and an individual EU law residence basis.
Section 52(2) NAG also provides that the death of the joining EEA citizen does not affect the residence right of family members under section 52(1) NAG. For third-country national family members with a residence card, the specific evidence rule in section 54(3) NAG is decisive.
Section 54(3) NAG requires the person to have lived in Austria as the EEA citizen's family member for at least one year before the death. The timeline ends on the date of death. Entry, residence and the family relationship should therefore be recorded together.
Depending on the case, the file can include the residence card, earlier documents, registration confirmations, entry records and the certificate proving the family relationship. One card may leave the full period or the family status unresolved. Different names, gaps and changes in the family situation should be explained.
The article on the reference person's residence status covers the related classification. This article focuses on the separate review after the reference person's death.
Alongside at least one year as a family member, section 54(3) NAG requires evidence of an individual requirement under section 51(1)(1) or (2) NAG. Point 1 covers employment or self-employment in Austria. Point 2 concerns sufficient means of support and comprehensive health insurance for the person and their family members.
The evidence must fit the selected basis. For work or self-employment, document the current activity and its period. For own funds, assess the available means and health insurance together. The education route in section 51(1)(3) is not listed in section 54(3) NAG.
Whether the evidence is sufficient depends on the individual circumstances and the procedural stage. The answer cannot be derived from the previous family card or the EEA citizen's death alone.
Section 54(6) NAG requires the family member to notify the authority of the death of the joining EEA citizen without undue delay. The statute gives no fixed number of days. The notification should therefore be prepared without avoidable delay, and its date should be recorded.
The four-month period in section 54(1) NAG concerns the initial application for a residence card after entry. It is not a general deadline for reporting a later death. If the card is still valid, has expired or is already the subject of authority correspondence, the authority must classify the next step for the individual case.
An upcoming trip or the expiry of the card can also matter in practice. The first review should bring together the date of death, card validity, current address and all letters from the settlement authority.
The notification and further documentation will typically include the passport, residence card, marriage or registered-partnership certificate, death certificate and a short timeline. Add the evidence for section 51(1)(1) or (2) NAG. The required original, translation or certification depends on the individual procedure.
The competent settlement authority is determined by the main residence. The official procedure information provides for personal applications for residence cards at the competent authority. After the death, first clarify which statement or application is required to document the continuing right.
For minor children, section 54(4) NAG requires a separate review. Divorce or annulment follows the separate rule in section 54(5) NAG. The article on an independent residence right after separation or divorce addresses that different situation.
Death does not automatically end the residence right under section 54(3) NAG. For the family members covered by that rule, continuation requires at least one year of residence in Austria as a family member before the death and evidence of an individual requirement under section 51(1)(1) or (2) NAG.
Section 54(6) NAG requires the death to be reported to the authority without undue delay. The provision does not specify a fixed number of days. The four-month period in section 54(1) NAG concerns the initial application after entry and has a different starting point.
The relevant period is residence in Austria before the date of death while the person was the EEA citizen's family member. Entry, residence documents, registration history and the family certificate should be reviewed on one timeline.
Section 54(3) NAG refers to section 51(1)(1) and (2) NAG. Employment or self-employment, or sufficient means together with comprehensive health insurance, can be relevant. The individual basis must be supported by suitable evidence.
Section 54(4) NAG contains a special rule: the residence right of a minor third-country national child can continue until the end of schooling. This can also apply to a third-country national parent who actually has custody. Age, schooling and custody require a separate review.
Classify the reference person's EU law residence status and the family route.
The different family-related situation under section 54(5) NAG.
The separate assessment of long-term residence after five years.