Dr. Klammer, Rechtsanwalt für Fremden- Zivil- und Strafrecht

Guide to family reunification

You are finally married! But how should your spouse get a residence permit?

The marriage took place abroad and now you ask yourself, "How can my spouse come to Austria now?"

You have already been to the Austrian Embassy or the immigration office in Austria and you were informed that your spouse cannot apply for a residence permit in Austria. What now?

You submitted an application several months ago and the authority has not done anything?

If you have already asked yourself these questions, we encourage you to keep reading. In this article we will deal with exactly these questions. A lawyer can support you in matters of family reunification, inform you about your rights and take the necessary steps so that your application for family reunification will hopefully be decided positively and your loved one will receive his/her residence permit.

Who are family members?

-Marriage partners

-registered partner

-minor single children including adopted or stepchildren

I am married traditionally. Can I apply for family reunification?

Unfortunately only a civil marriage is recognized in Austria, which you have yet to do, before family reunification can take place.

There are several possibilities to bring your marriage spouse or children to Austria through family reunification.

Which types of family reunification are there?

1. Family reunification according to asylum law. This possibility exists for those with asylum or subsidiary protection, who want to bring their marriage spouses to Austria.

Example:

Mr. A comes from Afghanistan and has received asylum in Austria one year ago. His wife can now submit an application for reunification according to asylum law at the Austrian Embassy.

2. Family reunification according to residence law.This possibility exists for residence permit holders including those with asylum or subsidiary protection, who want to bring their marriage spouses to Austria.

Example:

Mrs. M. comes from Iran and holds a red-white-red card plus. Her husband can now submit an application for reunification according to residence law at the Austrian Embassy.

There are several options for family reunification
according to Residence Law, depending on which residence permit the person inviting them has.

Which types of family reunification exist in the Residence Law?

A. Application for Red-white-red card plus-family member

Example: Mr. A is red-white-red-card plus holder. Now his wife can apply for a Red-white-red card plus-family member residence permit.

B. Application for family member (Family member of Austrian)

Example: Mrs. L. marries an Austrian and can now apply for a family member residence permit.

C. Application for residence card- (Family member of EU citizen or Austrian who has worked in the EU).

Example: Mr. M., marries a Slovakian, working in Austria, and can now apply for a residence card.

Please note: The cad is valid for five years, as opposed to the other, who are valid for one year.

D. Application for a student residence permit-family member

Mrs. S. studies in Austria and holds a student residence permit. Her husband and children now can now apply for student residence permits-family member.

E. Application for settlement permit

Mrs. M has a settlement permit-artist. Her husband can now submit an application for a settlement permit.

Please note: You are not allowed to work with this permit.

F. Application for settlement permit-without employment

Mr. M.. marries a woman who has permanent residence in Italy. Now she can apply for a settlement permit-without employment in Austria.

Please note: You are not allowed to work with this permit.

The applicant must be a family member of a person in Austria who holds a residence permit. Sufficient income, health insurance and the right to tenancy, or living agreement are also necessary.

Which requirements have to be fulfilled?

-The applicant must be a family member of a person in Austria who holds a residence permit.

-Sufficient financial means have to be provided-siehe details below.

-A right of tenancy or living agreement has to exist,

-Health insurance upon entry has to be provided for.

-No residence or entry ban can exist.

Which documents are required ?

- Marriage certificate

-Birth certificate

-A1 German certificate (not older than one year at time of submission)

-Passport

-EU Passport photo

-Sufficient financial means (for a single person €966,65, for a couple €1.472,00 netto, after rent and loan payments have been deducted, for every child €149,15).

-Income papers of the marriage partner

-Lease agreement/living agreement

-Health insurance

-Certificate of good conduct from the home country

-some applications require a 1870 credit check

Where can I submit the application?

The application can be submitted at the immigration office (MA35, district office) upon entering Austria, or at the Austrian Embassy abroad, i.e. in your country of origin.

Please note: If you have entered Austria with a touris visa and submitted the applicatio here, you are only allowed to stay, until the 90 days starting at entry, expire. If you have not received your residence permit by then, you have to leave Austria and wait for your residence permit in your home country.

After the If the application for a residence permit has been submitted, the authority has six months to decide.

How long does the immigration office have to decide on my application?

After the application for a residence permit has been submitted, the authority has six months to decide.

If you haven't received a decision after six months, there are several options. Please see Long waiting times in the residence proceedings.

When you can bring your family depends on if you have received asylum or subsidiary protection.

I have just received asylum in Austria. When can I bring my wife/husband/children to Austria?

As soon as you have received an asylum decision, your wife/husband/children can submit an application at the Austrian Embassy in their home country. If you wait for more than three months then there more demanding requirements (health insurance, size of the appartment, sufficient income).

I have just received subsidiary protection in Austria. When can I bring my wife/husband/children to Austria?

Unfortunately after three years upon receipt of subsidiary protection.

The immigration office examines if the conditions are met
and will notify you when the case is concluded. If the application is rejected you will receive a decision.

How does the procedure work?

In the case of an application abroad, the Austrian Embassy reviews your application and forwards it to the responsible immigration authority (MA 35, district administration) in Austria. This examines whether the requirements for issuing the residence permit are met.

If the requirements are met and the immigration authority concludes the proceeding positively, it will inform the Austrian embassy abroad and, if necessary, instruct it to issue a residence permit. The embassy will then inform you of this.

You can then enter Austria with a valid visa or, if there is no visa requirement, without a visa (visa-free) and collect the student residence permit in person from the responsible immigration authority.

If you have submitted the application in Austria, the immigration authority will review whether the requirements for issuing the residence permit are met. If you complete the requirements and the proceeding positively, the authority will issue you the residence permit.

If you do not meet the requirements, the authority will issue a decision, against which you can lodge a complaint within four weeks.

Why was my application rejected?

A negative decision can be issued for several reasons, i.e.:

-there are doubts to the veracity of the marriage, i.e., the authority suspects a contract marriage

-regarding asylum family reunification- falsification of documents (marriage certificate, birth certificate) is suspected

-the financial means are insufficient

-the appartment that you will move to is too small regarding square meter/ per Person, minimum 17m2

-lack of health insurance or the policy does not cover enough risks

The grounds for rejection will be highlighted in your decision. Seek out a lawyer to explain these to you more clearly.

You can lodge an appeal within four weeks upon service of the decision.

Several factors can increase the prospects of success. These can be discussed in a legal consultation.

In family reunification processes, are there strategies for increasing the prospects of success?

A legal consultation would be strongly recommended for this, so that the lawyer can first acquaint himself with the case in order to develop an effective strategy.

Various factors, e.g. whether there are children, or whether EU law is applicable can increase the prospects of success and even significantly, but these should first be analyzed and assessed by the lawyer.

Our recommendation:
Schedule an appointment with the lawyer

What are my next steps?

1. Contact the lawyer and schedule an appointment.

2. Get legal counsel and discuss the next steps, including clarifying whether it makes sense to get a quick decision.

a. In the event of a negative decision

i. Instruct the lawyer to lodge a complaint.

b. If no decision has been issued

i. Instruct the lawyer to contact the immigration office.

ii. Instruct the lawyer to lodge a complaint due to delay or file for setting a deadline.

Schedule an appointment right away

In summary, a lawyer can help you so that your family members can come to Austria and also stay here.

Simply call us at 06507283562 or write to us at office@anwaltklammer.com to arrange a consultation for EUR 150. In the appointment, we can tell you right away what the best course of action is.

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