Citizenship
Immigration Law
Insights
Asylum in Austria.
From your application to the Federal Office for Immigration and Asylum (BFA) to an appeal at the Federal Administrative Court (BVwG): we support you at every stage of the procedure. New European rules have applied since June 2026.
Quick check
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For guidance only. This is not legal advice.
In short
- You receive asylum if you are personally persecuted in your country of origin.
- You receive subsidiary protection (subsidiärer Schutz) if you would face a serious risk on return, for example because of war.
- Since 12 June 2026, the rules of the EU Pact on Migration and Asylum apply; transitional provisions apply to older applications.
- The interview at the Federal Office for Immigration and Asylum (BFA) is the most important appointment. Prepare for it.
Asylum procedure
What is at stake
The asylum procedure is about your safety, your opportunity to work and a stable life in Austria. Many decisions are made early on: in the interview (Einvernahme)Interview (Einvernahme)Questioning at the BFA in which you describe your reasons for fleeing. What you say here is the most important basis for the decision. Contradictions will later be used against you. at the Federal Office for Immigration and Asylum (BFA) and in the appeal (Beschwerde) against a negative notice (Bescheid). That is why it pays to be well prepared from the start.
Two forms of protection
Asylum and subsidiary protection
Asylum
If you are persecuted in your country of origin because of your religion, nationality, political opinion, ethnicity or membership of a particular social group, you receive asylum under the Geneva Refugee ConventionGeneva Refugee ConventionThe 1951 Convention relating to the Status of Refugees. A refugee is a person with a well-founded fear of persecution because of race, religion, nationality, political opinion or membership of a particular social group.. In many areas, persons granted asylum have the same rights as Austrian citizens.
Subsidiary protection
If you cannot prove personal persecution but would face a serious risk on return, for example because of a war, you receive subsidiary protection (subsidiärer Schutz). The residence permit that comes with it is temporary and must be renewed§ 8 Abs 4 AsylGThe residence permit for beneficiaries of subsidiary protection is first valid for one year, is then extended by three years and after that by five years each time. Renewal is by application before expiry, at the earliest three months before; later applications are treated as first applications (§ 8 Abs 4 iVm § 59 Abs 1 AsylG).Legal text in RIS (in German) →. Beneficiaries of subsidiary protection have fewer rights, for example regarding family reunification.
New since 12 June 2026
The new Common European Asylum System (GEAS)
Under the EU Pact on Migration and AsylumCEAS reform (GEAS-Reform)A package of EU regulations that has applied since 12 June 2026, including the Asylum Procedure Regulation, the Qualification Regulation and the Asylum and Migration Management Regulation. Implemented in Austria by BGBl. I Nr. 39/2026., new rules have applied since 12 June 2026 to the asylum procedure, to which member state is responsible and to the right to stay and work during the procedure. Transitional provisions apply to applications made before that date. The first thing we check is which rules apply in your case.
Questions we get asked
Asylum: short answers
What is the difference between asylum and subsidiary protection?
You receive asylum if you are personally persecuted, for example because of your religion or political opinion. You receive subsidiary protection if you cannot prove personal persecution but would face a serious risk on return. Beneficiaries of subsidiary protection have fewer rights, for example regarding family reunification.
How long is the residence permit valid with subsidiary protection?
First one year, after the first renewal three years, and after that five years each time (§ 8 Abs 4 AsylG). You file the renewal application before expiry, at the earliest three months before.
Which rules apply to my application?
Applications made on or after 12 June 2026 are governed by the new law under the EU Pact on Migration and Asylum. There are transitional provisions for applications made earlier. This is the first thing we check.
How much time do I have to appeal against a notice from the BFA?
That depends on the procedure. Usually it is four weeks, in some procedures much less, for example in Dublin decisions. What counts is the information on legal remedies (Rechtsmittelbelehrung) in your notice. Come to us with the notice immediately.
Read more
Topics in asylum law
Next step
Initial consultation at a flat fee
We prepare you for the interview, review every notice and file appeals on time.
After the Federal Administrative Court
If the court also rejects your case
If the Federal Administrative Court (BVwG) dismisses your appeal, you have six weeks from service of the decision to file a revision (Revision) with the Supreme Administrative Court (VwGH) or a complaint (Beschwerde) with the Constitutional Court (VfGH). Both must be filed by a lawyer. Options after a negative decision →
A revision or a complaint to the Constitutional Court does not automatically stop a deportation or transfer. Suspensive effect (aufschiebende Wirkung) must be applied for separately. Tell us immediately once a date has been set.
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Packages & prices
Flat-fee packages for citizenship.
You know the full cost before you start.
- ✓ Personal advice from our experts
- ✓ Review of your documents
- ✓ Filing of the application with MA 35, without your own appointment at the authority
- Everything in Basis, plus:
- ✓ Legal representation in the proceedings
- ✓ Responses to all letters from the authority
- Everything in Plus, plus:
- ✓ All communication with the authority
- ✓ Regular reminders (Urgenz) to MA 35
- ✓ Obtaining Austrian documents
- ✓ Appeal (Bescheidbeschwerde) if refused
Prices per applicant. All package details →
How we work
Three steps, from the first conversation to the decision.
Initial consultation
At a flat fee. We listen, review your documents and tell you honestly where you stand.
A clear assessment
You know exactly what is realistic, what it costs and what happens next, in writing.
We get to work
We file applications, monitor deadlines and keep you updated by e-mail, phone or WhatsApp, in your language.
Unsere Erfolge
Aktuelles aus der Praxis.
Contact
How to reach us.
Team
The people behind your case.
Mag. Igor Matejuk, BEd
Mag. Adrian Zitter
Looking for the whole team? Meet everyone →
1010 Vienna (Stephansplatz)
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