The third country residents are people who are not EEA- or Swiss residents. Family’s members of third country residents who plan to live in Austria (more than 6 months) need an estate title (approval to live in Austria more than 6 months) conforming to their estate goal.
For residence up, to six months no estate title should be given. Rather, a visa must have pertained if it’s essential.
Who is considered a family member?
Family members are:
husbands and wives, unmarried children, adoptive children, and partners who are registered.
Please note that the spouses and reported partners should be 21 years old.
Which residence ownership would be permitted to family members?
“Red White Red Karte plus“
Family members of:
- “Red White Red Karte” owners or “EU Blue Karte” owners
- The third country citizens with a long period estate title in Austria
- owners of a “Red White Red Karte plus”
- owners of a “payment permit” for self required individuals
- specific owners of a “payment permit particular cases of conditional gainful jobs” or
- owners of a “payment permit researchers”
- refugees
- owners of an estate card or continuous estate card
- owners of an estate permit
In specific cases, there is an allowance regulation for family reunification estate approval. The “Red White Red Karte plus” awards the owners free permits to the job market. According to the Act Governing, the Employment of Foreign Nationals no additional authorizations are expected for any utilized activity.
“Family Member”
Austrian national’s family members should attain the estate title “Family Member”, given if they fulfill the granting regulations.
“The Agreement Permit Dependant”
The dependants of Austrian citizens should attain the estate title “Agreement Permit Dependant” when the granting regulations are fulfilled and the supporter, that the third country federal refers in the request has approved a detriment statement.
Other minors are:
- Relatives, enrolled husbands and wives in the ascending chain when they obtain existing maintenance
- Life partners that submitting proof of a long duration relationship in their country and obtaining existing maintenance
- Other relatives under specific conditions
- “Agreement Permit”
- The family member of
- owners of “Agreement permits”,
- owners of “Agreement permits – dependant”,
- “Agreement allows artist” or
- specific issues of “Agreement permits – particular issues of the dependent job”
should attain a payment permit, when the quota area is obtainable, and the regulations are met.
An “Agreement permit” should also be awarded to inhabit partners or expanded members of the family of EEA citizens or Swiss citizens, when the supporter indicates a liability statement and granting regulations are met. In this issue, no quota area is desired.
“Agreement Permit Profitable assistance excepted”
The member of family’s owners of
- specific “Agreement permits”, or
- “Agreement permit Profitable job exempted”,
should attain an “Agreement permit”, when all regulations are met and in specific issues when a quota area is available.
PLEASE NOTE:
There is no quota regulation respecting estate titles administered to members of the family’s “Red White Red Karte” owners, “EU Blue Karte” owners, or members of family member’s Austrian residents. The number of other estate titles being published for family reunification every year is restricted.
General regulations for awarding an estate title:
The subsequent regulations should be fulfilled for awarding any estate title:
- Sufficient averages of subsistence:
- The third country federal should have adjusted and normal earnings enabling them to fulfill their livelihood without using welfare assistance from local permissions.
- The earnings desire to be comparable to or exceed the common earnings ratio.
- Health insurance range:
- The third country federal should have the health insurance range, furnishing benefits in Austria and supporting all threats.
- The family member of “Red White Red Karte” owners, “EU Blue Karte” owners, or family members of Austrian inhabitants are supported by their supporters’ health insurance.
- Sufficient housing according to local criteria:
- The third country federal should give proof of a valid title to housing, evaluated sufficiently for their family members to regional norms. This is not expected for expanded family members of EEA citizens or Swiss citizens.
Providing proof of German language abilities
Family Members must submit proof of German language abilities on A1 Nivea in agreement with CEFR. when first pertaining for one of the additional estate titles:
- “Red White Red Karte plus “
- “Member of Family”
- “Agreement Permit Dependant”
- “Agreement Permit”
- “Agreement Permit Profitable job except”
The German language abilities just at beginner status are expected.
Proof of sufficient German language abilities can be furnished by a commonly admitted language certification from Austrian Integration, for example, Telc, Goethe Institut, and Austrian Languages Certificate German
The satisfaction of the regulations of the first and second Modules of the integration approval ratios is an indication of sufficient German language abilities.
PLEASE NOTE:
The language certificate shouldn’t be older than 1 year at the time it’s being fulfilled.
Proof of sufficient German language abilities doesn’t desire to be furnished by:
- Individuals who aren’t still 14 years
- Individuals who cannot relatively be predicted to give such proof because of their physical or psychological health circumstance; in such example, the third country citizen should submit a medical statement handed out by a doctor nominated by an Austrian consular manifestation.
- Family members of owners of an estate title the “Red White Red Karte” for skilled employees, “EU Blue Karte” or “agreement allow researcher”
- Family members of owners of an estate title “Long term Occupant EU”, when their supporter initially held an estate title the “Red White Red Karte”, “EU Blue Karte“or an „agreement authorization researchers”.
- Refugee’s Family members
- Persons who assert in writing, that their remaining would not be extended than 24 months in 3 years; this statement contains the irrevocable disclaimer of the compliance of an additional request after the first addition request.
Well Qualified Authority:
Skilled first instance permissions should be the regional Office of Local or the properly approved area council bodies. Provincial competence is regulated by the settlement of third country citizens related.
Any discontent against determinations by the skilled first instance councils should be regulated by the locally qualified Provincial Administrative Court. Then the council should agree on applications and complaints without unnecessary delay, but not more than six months after permit.
Classifying an application:
First applications for estate titles should be classified with the qualified Austrian embassy abroad. The regional qualification of the consular indication relies on the applicant’s estate.
The consular manifestation abroad should evaluate the request for entireness and accuracy and then send it to the qualified councils in Austria.
The following member of families are allowed to classify their applications in Austria:
- Family members of Austrian residents after legal entry and in their valid stay
- Children after birth (6 months after birth), when the supporter holds a legal estate title
- Family members are allowed to arrive, and they don’t need a visa, after valid entry, and in their valid stay
- Family members of owners of an “Agreement authorization researchers” after valid entry and in their valid stay
- Extensive family members of EEA citizens or Swiss citizens who apply for an “Agreement permit” after valid entry and in the valid stay
PLEASE NOTE:
An application classified in Austria should in most circumstances not permit the right of the estate to application farther the time the applicant is enabled to live with a visa or without a visa. If the time allowed to live with a visa or without a visa has ended the applicant is expected to emigrate and should expect to proceed abroad.
The domain of residence titles and accuracy:
The estate titles the “Red White Red Karte Plus” and the “Family Member” enable time restricted agreement and authorize the owner to have access to the job market. The “agreement permit” permits for time restricted agreement and allows the owner to self career.
The “agreement permit profitable job excepted” and “agreement permit dependent” let for time restricted agreement and do not allow the holder to have a career. Estate titles are awarded for 12 months.
- The estate titles the “Red White Red Karte Plus” and the “Family Member” should be granted for 3 years, when:
- the family member has obtained the first Module of integration approval and
- inhabited in Austria legally without discounting in the previous 2 years.
- After 5 years of legal accommodation without discounting, the estate title “Long period citizen EU” can be pertained for, when:
- All requirements have been fulfilled and
- The second module of the integration agreement has been obtained.
The length of “Red White Red Karte plus” for the members of the family’s owners of an estate title the “EU Blue Karte” is conditional on the existence of the license of the supporter.
Necessary documents:
These documents are specifically expected for the estate permit granting:
- Legal passport
- birth certificate document
- photo
- marriage evidence
- divorce evidence
- Evidence of registered agreement
- certificate of the abolition of the inventory partnership
- adoption documents
- proof of the family connection
- death document
- proof of insurance
- Document of a valid title to locally formal accommodation
- Proof of averages of secure subsistence
- Proof that supporter holds the necessary estate title
- Proof of German language abilities
The council can furthermore require you to fulfil other manuscripts on an issue definition. For instance, many councils need the compliance of a selection from police reports, if first requests for the first time. If this is fulfilled with the request it may enable to speed up the request protocol.
PLEASE NOTE:
Applicants should submit the original and copy of all needed documents, which are translated into German or English
Source: https://www.migration.gv.at/en/types-of-immigration/permanent-immigration/family-reunification/