Marrying in Austria
Marrying in Austria
Finally found the right woman to spend your life with and want to tie the knot.
However you have heard different people say things like:
„I don't know which documents I need for marriage. The one marriage office tells me A, B, and C, while another one tells me D and E. I don't know what is going on. What should I do now?“
„I've already had to go to the marriage office four times for them to review my documents. The next date to marry is in four months.“
„One stamp is already expired and now it the certificate has to sent back to Nigeria. That will cost me several weeks. Why did nobody tell me this earlier? “
Now you are confused, discouraged, and do not know what your next steps are.
Even in such a matter a lawyer can help you to arrive at your destination and can finally marry.
Various documents are required for the marriage. Receive legal counsel.
1. Which documents do I need to get married?
For the marrige the marriage office needs the following documents from both people:
-Photo ID (Passport, ID card, asylum card)
- Birth certificate with legalization of the Ministry of Foreign Affairs and the legalization Austrian Embassy as well.
The legalization from the Austrian Embassy is not necessary for asylum seekers in an ongoing proceeding!
- Certificate of non-impediment to marriage with legalization of the Ministry of Foreign Affairs and the legalization Austrian Embassy as well.
The legalization from the Austrian Embassy is not necessary for asylum seekers in an ongoing proceeding.!
For all Non-Europeans the certification cannot be older than six months upon date of issue.
-Oftentimes depending on nationality, additional documents and certificates, i.e., marriage declaration-especially from German citizens-excerpt from birth registry, and other ones are required.
For divorced applicants the first marriage certificate and divorce certificate are necessary.
The birth certificate and certificate of non-impediment to marriage have to be translated into the German language by a court-certified interpreter.
2. I am already married traditionally. Do I still have to marry legally (civil marriage), so that my marriage is recognized?
Yes. In Austria only civil marriage is recognized. Traditional marriage is not legally recognized in Austria and “traditional marriage” is seen as a living community.
There is a minimum age when a spouse wants to apply for a residence permit.
3. Is there a minimum age for family reunification? My wife/husband is under 21 years old and wants to apply for a residence permit
Yes there is.
A unification according to the Residence Law (NAG), for all Austrians or non-EU citizens, is only possible at 21 years of age.
That means, for example, if you marry a 19-year old woman from China, Nigeria, United States, you can only apply for family unification residence permit when she reaches 21 years of age.
All EU-citizens can pursue family reunification according to the Residence Law at 18 years of age.
Example: A Tunesian marries a 20-year old Czech woman, working in Austria, and, upon marriage, can apply for a residence permit at the MA35.
Where do I apply? How quickly can I get an appointment?
If all the documents and certificates are at hand, the application for marriage can be submitted at any marriage office in Austria.
In Vienna you can expect a waiting period of at least two to three months. Outside of Vienna it generally takes much less time.
The marriage office has to carefully review your documents/certificates and can then schedule an appointment for marriage.
6. What happens after I submit the application?
The marriage office inspects the documents / certificates and asks the applicants questions about the wedding ceremony and personal details (religion, procedure, children, name after marriage).
If you are not proficient in the German language, you must be accompanied by a court-certified interpreter.
After the review including the questionnaire has been completed, the appointment will be assigned. Subsequently, you will to pay the fees for the marriage application (varies from marriage office to marriage office) and then nothing - or let's say almost nothing - stands in the way for you to get married.
After the wedding ceremony is completed the marriage office issues the marriage certificate.
7. What does wedding ceremony look like?
On the day of the wedding, the applicants appear with their best man/maid of honor, and submit their passport or asylum card. If you are not proficient in the German language, you must also hire a court-certified interpreter for the wedding ceremony.
After the wedding (either short or long version) has been completed and you have finally heard the words "I hereby declare you Mr. and Mrs. ..." from the registrar, the marriage office will issue you a marriage certificate.
We hereby congratulate you on a successful marriage!
8. What are my next steps after I have received all my documents required for marriage?
a.) Contact a lawyer to examine your documents and tell you right away which stamps/legalizations or documents are missing.
b.) Should you have further questions or concerns, schedule an appointment with a lawyer to go to the marriage office.
A lawyer can assist you in the most important decision in life as well, so that do not encounter any problems at your visits to the authorities.
Simply call us at 06507283562 or write us at office@anwaltklammer.com to schedule an appointment.
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