A third-country national studying in Austria wants to bring a child. Section 69 NAG, the family definition, requirements and duration of the derived residence permit explained.
A third-country national studying in Austria can examine a derived residence permit for a child within the family community route. Section 69 NAG is decisive: the parent must hold a residence permit, the child must qualify as a family member and the Part 1 requirements must be met.
The child does not receive a general residence title independent of the parent under this route. The validity period of the child's residence permit follows the student's residence permit. The parent's status, the child's age and marital status, and the evidence for accommodation, insurance and means of support therefore belong in one assessment.
This article concerns family community with a holder of a residence permit. The routes for relatives of Austrian citizens and for Union-law residence rights follow separate rules.
This check sorts the parent's title, the child's status and the main evidence steps.
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Check the parent's exact residence title, statutory basis and expiry date. Section 69(2) NAG excludes several residence permits from the family community route. For a student, the title under section 64 NAG is therefore decisive.
Section 2(1) no 9 NAG lists minor unmarried children, including adopted and stepchildren, among family members. Once a child is an adult or the marital status has changed, the child-based classification does not automatically continue. Relate age and marital status to the date of application.
Arrange the record proving the parent-child relationship, identity documents and evidence of accommodation, health insurance and means of support. For foreign certificates, clarify the required form, translation and any certification early. The exact documents depend on the personal and procedural file.
Where the parent is a student and the child is a minor unmarried child, section 69(1) NAG generally opens the family route if the Part 1 requirements are met. Prepare the application with the family record, identity documents, the parent's residence permit and current evidence of the family situation. The child's validity period follows the parent's permit.
Section 69(1) NAG links a derived residence permit to a sponsor who holds a residence permit. Under section 2(1) no 10 NAG, a sponsor is a third-country national who lawfully resides in Austria or from whom a right under the NAG is derived.
The student residence permit is governed by section 64 NAG. Section 69(2) NAG excludes, among others, permits for posted workers, self-employed persons, school pupils, certain special cases of dependent employment, social service workers, volunteers and cross-border workers. A student residence permit is not among those expressly excluded categories.
The exact title of the parent is therefore the first decision point. A general reference to studying or an expired card does not replace checking the title that was actually issued and is still valid.
Section 2(1) no 9 NAG includes a child who is a minor and unmarried at the time of application among family members. The definition covers biological children as well as adopted and stepchildren. Under section 2(4) no 1 NAG, minority is determined under Austrian civil law.
Age and marital status are assessed at the time of application. A birth certificate, adoption record or documents proving the stepchild relationship must make the family link clear. For foreign certificates, translation and certification should be clarified early, depending on the document and the procedure.
Spouses and registered partners also fall within the statutory family-member definition, but they present a different case. A child who is an adult or married should therefore not be treated as qualifying under the child route without further assessment.
Under section 69(1) NAG, a derived residence permit may be issued if the family member meets the Part 1 requirements. These include the general grounds for refusal and requirements in section 11 NAG. The child therefore needs an own residence-law evidence chain.
Section 11(2) NAG refers, among other matters, to a legal entitlement to locally customary accommodation, comprehensive health insurance and the avoidance of a financial burden on a public authority. The accommodation exception for a student permit under section 64 NAG must not automatically be transferred to the child's derived title.
The family's housing situation, the child's insurance and the financing of the stay should therefore be presented together. A declaration of liability can help only where it is permitted for the specific purpose and meets the formal requirements.
Section 69(1) NAG expressly provides that the validity period of the family member's residence permit follows the validity period of the third-country national's residence permit. The child's title is therefore time-linked to the student's title.
Section 8(3) NAG confirms this dependency for spouses, registered partners and minor unmarried children. In practical planning, the parent's expiry date, extension application and evidence must be coordinated with the child's application.
The link to the parent's validity period describes the duration of the derived title. It does not replace the child's own assessment of the issue requirements and does not automatically answer the consequences of a later change or end of the parent's title.
The child's passport, family record and the parent's residence permit belong at the start of the file. Add evidence of accommodation, health insurance and secure means of support according to the family's circumstances.
Where custody is joint or shared, additional declarations or court documents may be relevant. That depends on the family status, the other parent's place of residence and the child's entry and residence situation. These questions should be made visible early in the preparation.
The family reunification topic page explains the general route. The guide to children in family reunification addresses certificates, custody and later school life.
Section 69(3) NAG requires a decision within eight weeks at the latest only for family members of holders of a permit as an intra-corporate transferee, mobile intra-corporate transferee or mobile researcher. The provision does not name students.
The child's application in a student family therefore cannot be assigned a general eight-week deadline from that rule. Preparation should still start early enough to allow for questions, certificate checks and coordination with the parent's title.
The guide to the sponsor's residence title helps with the preliminary status check. For the student's parallel extension planning, see the article on academic progress and extension.
Section 69(1) NAG opens a derived residence permit for family members of a third-country national holding a residence permit if the Part 1 requirements are met. A minor unmarried child, including an adopted or stepchild, generally falls within section 2(1) no 9 NAG.
The validity period follows the residence permit of the student parent. The two expiry dates and any extension procedures should therefore be assessed together.
The section 64 NAG accommodation exception for the student permit does not automatically apply to the child's derived title. Section 69(1) NAG refers to the Part 1 requirements, including section 11(2) no 2 NAG.
The central document is usually the record of the parent-child relationship, such as a birth certificate or adoption record. For foreign documents, translation and any certification, as well as the custody and family circumstances, need to be checked.
Section 69(3) NAG sets the eight-week maximum for family members of holders of certain titles, such as mobile researchers. It does not list students. A general eight-week deadline therefore does not follow for the student case.
Family status, residence titles and applications.
Organise custody, certificates and school planning.
Identify the relevant title in the family procedure.
Secure the student's residence title in parallel.