Relatives of EU citizens* and Swiss nationals, who are themselves EU citizens or Swiss nationals – Application for a registration certificate and certificate of permanent residence

General information

*In this text, the term ‘EU citizen’ does not always refer only to EU citizens, but also to other EEA citizens (from Iceland, Liechtenstein or Norway) and Swiss nationals.

Relatives of EU citizens, who are themselves EU citizens and, in accordance with Union law, are entitled to reside in Austria for more than three months, receive, upon request, a "registration certificate", as documentation of their right of residence (a corresponding application must be submitted within 4 months of arrival in Austria).

After five years of lawful and continuous residence in Austria, they acquire the right of permanent residence. Upon request, a "certificate of permanent residence" is issued to them.

Requirements

The following relatives of EU citizens who are entitled to reside [in Austria] in accordance with Union law, or of Austrian nationals who have exerted their right of residence in accordance with Union law, who are themselves EU citizens and do not themselves fulfil the general requirements for a stay of more than three months, are entitled to reside in Austria for more than three months:

• spouses or registered partners
• relatives of EU citizens or of their spouses or registered partners in a straight descending line (children, grandchildren, great‑grandchildren) up to their 21st birthday and beyond, insofar as they are actually maintained by them
• relatives of EU citizens or their spouses or registered partners in a straight ascending line (parents or grandparents, great‑grandparents), insofar as they are actually maintained by them
• life partners who can provide evidence of the existence of a long‑term relationship
• other relatives
  • who have already actually been maintained by the EU citizen in their country of origin
  • who have already lived in the same household as the EU citizen in their country of origin, or
  • due to severe health reasons, urgently require personal care to be administered by the EU citizen.

Deadlines

The stay must be registered with the competent settlement authority within four months of arrival in Austria. A "registration certificate" will be issued upon request, if the requirements are met.

Relatives of EU citizens who are themselves EU citizens and have a right of residence in accordance with Union law acquire the right of permanent residence after five years of lawful and continuous residence in Austria. A "certificate of permanent residence" will be issued upon request, if the requirements are met.

Competent authority

The settlement authority that is responsible locally for the primary residence of the relative of the EU citizen is:

• the Governor or
• the district administrative authority authorised by the latter
  • the district authority^{German text}
  • in chartered urban districts: the Municipal Executive^{German text}
    • in Vienna: the MA 35, ‘EEA’ Unit^{German text}

Procedure

You must apply in person for the "registration certificate" and the "certificate of permanent residence" at the competent settlement authority. The application form can be obtained from the authority. Furthermore, the form for the application for the registration certificate and the certificate of permanent residence can also be downloaded.

The documentation will be issued to you, in person,

• if all of the required documents have been submitted and
• you meet the requirements.

For children under the age of 14, the application must be made by their legal representative.

Required documents

Applications for registration certificates and certificates of permanent residence can only be processed quickly once all the necessary documents have been submitted.

As evidence of the right of residence in accordance with Union law, the following documents must be submitted in particular:

• a valid ID card or passport
• for spouses or registered partners: also
  • evidence of the existence of the marriage or registered partnership
• for children or grandchildren: also
  • documentary evidence of the existence of a familial relationship (e.g. a birth certificate)
  • from the age of 21: evidence of the provision of maintenance
• for parents, parents‑in‑law and grandparents: also
  • documentary evidence of the existence of a familial relationship
  • evidence of the provision of maintenance
• for life partners: also
  • evidence of the existence of a long‑term relationship (e.g. confirmation of registration at a shared address)
• for other relatives: also
  • evidence of the provision of maintenance in the country of origin, or
  • evidence of cohabitation in the country of origin (e.g. confirmation of registration at a shared address), or
  • evidence of serious health reasons that require personal care (e.g. a medical certificate).

If an original document in a foreign language must be submitted jointly with a certified translation, as a general rule the translation may only be carried out by sworn and legally certified translators. Translators from other EEA Member States may also be registered on the list of sworn and legally certified translators in Austria.

Costs and fees

A federal fee of 15 Euro (additional fees may apply)

Further information

Related links

• Accreditation (→ BMEIA)^{German text}
• List of expert witnesses and court interpreters (→ BMJ)^{German text}

Legal basis

• sections §§ 52 to 53a Niederlassungs- und Aufenthaltsgesetz (NAG)
• Niederlassungs- und Aufenthaltsgesetz-Durchführungsverordnung (NAG-DV)

Link to form

 Application forms and explanations can be found on the BMI website.