Right of residence for EU/EEA Nationals in Austria

For family members (wife/husband, civil partner, children, parents) of EU nationals, visa exemption or visa requirement depends on which nationality they have. However, family members do have the right to enter the country. This means that in principle, it is not allowed to deny them the option to enter Austria (with a visa, if necessary).  

However, family members do have the right to enter the country. This means that in principle, it is not allowed to deny them a visa.   

For third-country nationals who are life partners (unmarried partners in a permanent relationship) of EU nationals, the visa exemption or visa requirement depends on which nationality they have.

1. Employees or self-employed individuals and their family members who want to live in Austria. People who are seriously and permanently looking for work in Austria also belong to this category. However, this only applies if the search for a job is not considered to be objectively hopeless.
2. Individuals who do not work but have sufficient financial means and comprehensive health insurance coverage for themselves and their family members.
3. Individuals who are residing in Austria for purposes of an education (studies, etc.), have sufficient financial means and health insurance coverage for themselves and their family members.

The following documents must be presented to the competent Immigration Authority when applying for the Registration Certificate (“Anmeldebescheinigung”):

• Application form
• Valid EU passport or identity card
• Residence registration (“Meldezettel”) as proof of your place of residence in Austria
• Proof of why you are residing in Austria (employment contract, trade register excerpt (“Gewerberegisterauszug”), student record sheet (“Studienblatt”) etc.)
• If necessary: Proof of sufficient means of subsistence (salary slips, bank account statements, etc.)
• If necessary: Proof of health insurance coverage (Austrian e-card, European Health Insurance Card, social insurance data sheet (“Versicherungsdatenauszug”), etc.)
• If necessary: Relevant documents on your family status (marriage certificate, partnership document, birth certificate of children etc.

• The Registration Certificate does not have an expiration date. You are not required to extend the validity of the certificate as long as you continue to fulfil the requirements.
• The Registration Certificate is needed for various purposes, for example if you want to apply for the Austrian family allowance (“Familienbeihilfe”), childcare allowance (“Kinderbetreuungsgeld”) or other social welfare benefits.
• The Registration Certificate does not come in the size of a credit card. It does not look like a driver’s license or an identity card but is an A4 sized document.
• If you have the Registration Certificate or the Certificate of Permanent Residence, you can also apply for the Photo ID for EEA nationals (“Lichtbildausweis für EWR-Bürger”) at any time. It comes in the size of a credit card and can be used as an identity card. However, you are not required to apply for this type of identification. This identification is valid for a period of five years.

For this reason, they enjoy the right to reside in Austria, and are principally allowed to work in Austria after their entry, provided that they fulfil all requirements. Please note that family members of EU nationals may have to apply for a visa in order to enter Austria, depending upon their nationality. 

People who are third-country nationals and family members of EU citizens must apply for a so-called Residence Card (“Aufenthaltskarte”).

The following documents must be presented when applying for the Residence Card:

• Application form
• Valid passport
• Passport photo which is not older than six months and fulfils EU criteria
• Residence registration (“Meldezettel”) as proof of your place of residence in Austria
• Proof that you are a family member of an EU national (marriage certificate, civil partnership certificate, birth certificate of children, etc.)
• Registration Certificate (“Anmeldebescheinigung”) of the EU national in your family
• If necessary: Proof of sufficient means of subsistence (salary slips, bank account statements, etc.)
• If necessary: Proof of health insurance coverage (Austrian e-card, European Health Insurance Card, social insurance data sheet (“Versicherungsdatenauszug”) etc.)
• If necessary: Other relevant documents on your family status (birth certificate, etc.)

• A legal representative (e.g., parents) must personally submit an application to the responsible Immigration Authority on behalf of children who are under the age of 14. 
• The Residence Card comes in a the size of a credit card. It looks like a driver’s license or an identity card.
• If personal documents are not available in German or English, they must be translated by a court-certified translator.
• If you have to show personal documents (family status etc.), the fee to be paid may actually be higher than € 56.