General conditions for the issue of residence permits

• Requirements
• Documents required
• Obstacles to the issue of residents permits
• Further links
• Legal basis

Requirements

Secure livelihood

In general the authority may issue a resicence permit  only if the foreign national has a regular income during his or her stay, meaning that there is no financial burden on local and regional authorities (at federal, state, or municipal level). Income is sufficient if it is at least at the level of the relevant equalisation supplement reference rate.

Equalisation supplement reference rate from 1 January 2024:

• For single persons: 1.217,96  Euro
• For married couples: 1.921,46 Euro
• For each child: an additional 187,93 Euro

In principle, these amounts must be available after deduction of regular monthly costs (such as rent, credit instalments, etc.) in so far as these exceed 359,72 Euro (known as the ‘cost of room and board’ under Paragraph 292 paragraph 3 of the ASVG (General law on social security) for 2024).

Not accepted: proof of social benefits to which entitlement would arise only after the issue of a residence permit, in particular welfare benefits or the equalisation supplement.

Health insurancec

During his or her stay in Austria, the foreign national must have health insurance covering ‘all risks’ and subject to payment in Austria

Accommodation

As a rule the foreign national must be entitled to adequate accommodation (e.g. on the basis of a letting agreement) for a family of comparable size

No threat to public order or security

The stay must not endanger public order or security or be linked to terrorist or extremist activities or substantially affect Austria’s relations with other States.

Documents required

The following documents are always required when applying for a residence permit:

• Valid travel document (e.g. passport)
• Possibly Birth certificate or corresponding certificate
• Photograph no older than half a year (size: 45 x 35 mm)
• If required: Marriage certificate, certificate of partnership, adoption certificate, proof or certificate of family relationship
• Possibly Proof of legal entitlement to adequate accommodation, such as letting agreements, preliminary letting agreements or title deeds
• Proof of health insurance covering all risks
• Possibly Proof of a secure livelihood (in particular pay slips; pay certificates; employment contracts; confirmation of pension, retirement or other insurance benefits; proof of sufficient investment capital or own assets) – not accepted: proof of social benefits to which entitlement would arise only after the issue of a residence permit, in particular welfare benefits or the equalisation suplement. 
• Further documentation (e.g. an extract from the criminal record or similar) may be required in individual cases.

The authorities may require documents which were not drafted in German to be submitted in German translation. In addition, the authorities may require that documents be submitted in notarised form.

Obstacles to the issue of residents permits

A residence permit may not be issued to a foreign national if:

• he/she is the subject of a valid entry ban pursuant to Paragraph 53 of the FPG or a residence ban pursuant to Paragraph 67,
• he/she is subject to a return decision issued by another EEA State or Switzerland,
• an enforceable return decision has been issued against him/her and eighteen months have not elapsed since his/her departure, unless he/she has lodged an application in accordance with Paragraph 21(1) after voluntarily complying with his/her obligation to leave,
• a marriage, registered partnership or adoption has been concluded for the purpose of enabling a foreign national to reside in Austria,
• the duration of the authorised stay has been exceeded, whether subject to or exempt from a visa, or
• he/she has been convicted of bypassing border control or unauthorised entry into Austria in the last 12 month

The above cases of a valid entry or residence ban; return decision; and marriage, registered partnership or adoption concluded for the purpose of enabling a foreign national to reside in Austria are compelling grounds for refusal. No residence permit will therefore be issued in such cases.

Further links

Information brochure on the calculation of maintenance in the NAG (→ BMI)^{German text}

Legal basis

• Section 11 of the Niederlassungs- und Aufenthaltsgesetz (NAG)
• Niederlassungs- und Aufenthaltsgesetz (NAG)
• Niederlassungs- und Aufenthaltsgesetz-Durchführungsverordnung (NAG-DV)