Residence permits for pupils under section 63 NAG, apprenticeships with separate residence and employment checks and family routes for children explained clearly.
School, apprenticeship and training do not fall into a single category in Austrian immigration law. Section 63 NAG governs the residence permit for pupils with a closed list of nine school categories in section 63(1) NAG. Anyone attending one of these schools comes into consideration; anyone outside the list finds no title via section 63 NAG. This article sorts the categories, separates residence from labour market access and addresses the special question of apprenticeship.
The dividing line between residence law and labour market access is central. A residence permit for pupils under section 63 NAG covers school attendance as the exclusive purpose of residence. Gainful employment is governed separately by the AuslBG and must not impair school education. Conversely, a training place or a job does not by itself establish residence rights.
Apprenticeship is not part of the section 63 NAG catalogue. The Red-White-Red Card for skilled workers in shortage occupations is not a title for starting an apprenticeship either, because section 12a(1)(1) AuslBG requires completed relevant vocational training. Anyone wishing to begin an apprenticeship therefore needs an independent residence basis and must assess employment access separately with the training company.
For children under 18, family reunification under section 46 NAG may be the appropriate path depending on the parent's residence title. Later school attendance or apprenticeship does not replace the conditions of that title. This article therefore separates the pupil permit, an existing residence basis for an apprenticeship and family reunification. Our topic page gives orientation on the general application path.
The check sorts the goal (school, apprenticeship or training) and the questions of age and family situation. From every result you can send an enquiry with the chosen context.
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The applicable Part 1 requirements of the NAG, in particular secure means of support, health insurance and legal entitlement to locally customary accommodation, still apply. The school's admission letter and evidence of the school category carry the specific basis. For minors the consent of the legal representative has to be considered. Our article on secure means of support helps with the evidence portfolio.
The title under section 63 NAG covers school attendance. Employment is governed by the AuslBG and must not impair school education as the exclusive purpose of residence (section 63(2) NAG). Employer commitments should reflect the scope of employment against the school schedule. Our article on employer documents helps to prepare that side.
Section 63(1)(5) NAG only permits extraordinary pupil status at the first application. For extension, section 63(3) NAG requires in addition to the school success evidence the proof of admission as an ordinary pupil. Only where unavoidable or unforeseeable reasons are demonstrably established may an exception be considered. The transition to ordinary status should be actively addressed with the school from the outset.
Language schools without public status, preparatory courses or purely private education offers outside items 1 to 9 of section 63(1) NAG do not carry a residence permit for pupils. Another residence route needs to be examined (for example family reunification under section 46 NAG or a later study title under section 64 NAG). Section 63 NAG does not apply.
If a residence title with suitable labour market access already exists, its scope, the apprenticeship contract and the training company's requirements must be matched. The apprenticeship does not automatically broaden the title. The Red-White-Red Card for skilled workers in shortage occupations requires completed relevant vocational training under section 12a(1)(1) AuslBG and is therefore not the title for beginning that training.
Without a suitable residence basis, no NAG title can be derived from the apprenticeship contract. An independent route must be identified first, for example an applicable family route for a minor. Only then should the training company clarify whether and under which AuslBG conditions employment may begin. Our article on family reunification sorts the sponsor's residence status.
For children under 18, the route regularly runs via section 46 NAG. School attendance is the later consequence of the residence title, not its basis. The sponsoring parent's conditions (secure means of support, health insurance, locally customary accommodation) carry the reunification. Our article on children in family reunification covers custody and civil status evidence.
Anyone aiming at university studies finds the title not in section 63 NAG but in section 64 NAG (residence permit for students). Rules and requirements are separate; see our article on the residence permit for students. For preparatory school-level stages, the mapping to the section 63 NAG catalogue should be examined separately.
Section 63(1) NAG lists the eligible schools exhaustively. The first group covers ordinary pupils of public schools (item 1) and ordinary pupils of private schools with public status (item 2). Pupils of statutory schools whose public status is anchored in section 14(2)(b) Private Schools Act (item 3) join them. This covers the classic mainstream schools from public to private carriers, each tied to the public status.
Pupils of certified non-school education institutions in the sense of section 70 NAG (item 4) form a separate group. These institutions need the certification as a reference point; without it the basis is missing. Extraordinary pupils are only covered at the first application (item 5). For extension, section 63(3) NAG expressly requires admission as an ordinary pupil in addition.
A special case covers private schools with a pending application for public status (item 6). As long as the application is pending, the category carries; if public status is finally denied, the basis collapses. The second large block covers education in the health and social care sector: schools for health and nursing care professions and nursing assistance courses under section 96 GuKG (item 7), schools for social care professions under the intergovernmental agreement pursuant to Art 15a B-VG (item 8) and higher education institutions for nursing and social care under sections 83 and 84 of the School Organisation Act, plus vocational schools for social professions under sections 63 and 63a SchOG (item 9).
Only those who can be mapped to one of these nine items come into consideration for a residence permit for pupils. Schools outside this list do not carry the title. Early coordination with the school on the category avoids later improvement requests.
Alongside the school category, the applicable Part 1 requirements of the NAG apply. These include in particular secure means of support, health insurance and legal entitlement to locally customary accommodation. Our article on secure means of support sorts the income and housing cost logic. Which further general requirements apply depends on the application and the person.
Section 63(1) NAG makes a declaration of liability admissible. For pupils without sufficient own resources, it can support the proof of means of support. Its form, scope and financial substance must meet the current statutory requirements. In addition, the consent of the legal representative must be submitted for minors.
Health insurance without an employment basis is regularly borne through private insurance or through co-insurance with relatives. Our article on health insurance helps with the proof. Where the authority requests supplementary documents, respond swiftly through the request for improvement route.
Section 63(2) NAG draws the line: employment is governed by the AuslBG. The pupil title covers school attendance as the exclusive purpose of residence; employment sits alongside and must not impair school education as the purpose. That means a side job is not excluded, but it follows a separate permit path under the AuslBG.
For the employing company this means commitments should size employment so that school education remains at the fore. Employment that overloads the school schedule or that regularly prevents school attendance conflicts with section 63(2) NAG. The title can come under pressure in such configurations.
For the pupil this means anyone planning a side job should prepare AMS-relevant employer commitments early. The line between residence law and labour market access remains decisive. Our article on employer documents shows which evidence the employer sensibly structures.
Extension of the title requires proof of school success under section 63(3) NAG. This is not a formality: the authority expects evidence showing that the pupil still pursues the education goal and actively takes part in the training. School reports, confirmations of regular attendance and examination performance carry the submission.
For extraordinary pupils under section 63(1)(5) NAG an additional condition applies: for extension, proof of admission as an ordinary pupil must also be provided. Without this proof, extension fails, because section 63(1)(5) NAG only allows the extraordinary status at the first application.
Section 63(3) NAG allows an exception: where school success could not be evidenced for reasons the pupil is not responsible for and that are unavoidable or unforeseeable, the strict application may be relaxed. This exception is narrow and needs a robust justification; it does not replace missing school attendance.
Apprenticeship is not part of the section 63(1) NAG catalogue. An apprenticeship contract or a training company's offer therefore does not by itself create a residence title. The person's independent residence basis must be identified first. Employment access under the AuslBG is then assessed separately with the training company.
The Red-White-Red Card for skilled workers in shortage occupations must be distinguished from an apprenticeship. Section 12a(1)(1) AuslBG requires completed relevant vocational training. The title is therefore aimed at people who are already trained, not at applicants who wish to start that training in Austria. Our article on skilled workers in shortage occupations explains this later skilled-worker route.
For minors, a family route may be relevant depending on the parent's title. Other applicants may already hold a title with labour market access. The precise card, the scope of labour market access and the steps required from the training company are decisive. These points should be clarified before signing and before the planned start date.
For children under 18 who join a sponsoring parent in Austria, section 46 NAG remains the standard route. The residence title follows the family situation, not the education goal. Later school attendance is the consequence of the title, not its basis. Our article on family reunification and the sponsor's status sorts the sponsoring title and quota question.
The sponsoring parent's conditions remain conditions: secure means of support, health insurance and legal entitlement to locally customary accommodation. School attendance neither creates a workaround for these conditions nor establishes a title of the child outside section 46 NAG. Our article on children in family reunification covers custody and civil status.
Only from majority onwards can an own residence route be examined, for example the switch to a study or employment title. Before that, the child remains tied to the family title. School attendance, whether at a public school or at a private school with public status, does not have a direct effect on the title's continued existence as long as the family title conditions remain met.
For the first application the question of the application venue is central. The default rule is an application from outside Austria before entry. Exceptions and admissibility for inside applications are narrowly regulated; our article on the first application inside or outside Austria orders the admissibility. For pupil applications the school's timeline matters: enrolment deadlines and the start of the school year create tight windows.
For minor applicants, representation by the legal representative comes into play. Powers of attorney and signatures should meet the formal requirements. Applying via the competent Austrian mission abroad is the standard route; later handover of the title regularly takes place in Austria.
In practice, aligning the school admission timing with the procedural timeline matters. Applicants who receive the school's admission decision late lose valuable weeks in the application procedure. Early enrolment and cooperation with the school on issuing the required proofs eases the flow.
The core of the evidence path is the clear mapping to one item of section 63(1) NAG. The school's admission letter should show the category (public school, private school with public status, statutory school, certified non-school education institution, GuKG school, higher education institution for nursing, vocational school). Where public status is applied for but not yet granted, the application status should be documented.
The declaration of liability is regularly central at the first application. Scope and term should cover the duration of the schooling. On secure means of support, the liable person's income position must be matched against the allowances and the housing cost flat rates. Health insurance is evidenced either via private travel and health insurance or via co-insurance.
For extension, the school success evidence (school reports, confirmations) and the updated Part 1 documents take priority. For extraordinary pupils the proof of admission as ordinary pupil is added. Improvement requests must be answered swiftly; our article on the request for improvement shows structure and deadlines. Our first application checklist supports the sequence.
For categories items 2 and 3 of section 63(1) NAG the public status is the anchor. For item 6 a pending application for public status suffices. Public schools (item 1) are covered anyway. Non-school education institutions are covered via the certification under section 70 NAG (item 4). Language courses or preparatory courses outside this framework do not carry the title.
Yes, but separately from the residence title. Section 63(2) NAG places employment under the AuslBG. It must not impair school education as the exclusive purpose of residence. The scope of employment should be compatible with the school plan and the employer handles the AMS procedure separately.
Section 63(3) NAG requires evidence that school education is actively pursued. School reports, confirmations of the school and examination performance carry the proof. For extraordinary pupils the proof of admission as an ordinary pupil is added. An exception applies only in cases of unavoidable or unforeseeable reasons.
No. Apprenticeship is not a school category under section 63 NAG. The Red-White-Red Card for skilled workers in shortage occupations is not a route for beginning an apprenticeship either, because section 12a(1)(1) AuslBG requires completed relevant vocational training. An independent residence basis and a separate assessment of employment access are required.
Topic page on the application path in NAG procedures.
Topic page on the Red-White-Red Card and shortage occupations.
Topic page on the family route under section 46 NAG.
Interactive pre-check on the fitting residence route.