Bringing family members to Austria after 2020

As long as you were already resident in Austria prior to 2021 and therefore qualify for an Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card, you will be able to bring your close family members to join you after 31.12.2020.

Disclaimer: Exceptions exist for most situations, and such exceptions are not addressed exhaustively in these FAQs. In the event that your situation isn’t covered here, it is likely that you will require expert advice from an immigration expert.

For more details, see the BritishInEurope guides and the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration   below.

I am not married or in a registered partnership, can my partner still come?

If you are in a so-called durable partnership and you partner was living in Austria before the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government., they will be covered under the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration   with you as the right holderRight Holder This is the person who was resident in Austria before 2021 and in their own right is covered by the WA.  Family members who do not themselves hold independent residency rights derive their right from this person., as long as you stay together and they remain in Austria.

If your partner was not living in Austria before the end of the transition period, they will not have any automatic rights, but Austria must “facilitate entry and residence in accordance with its national laws”. This will involve extensive examination of your personal situation, for which you must be prepared to provide proof. If accepted, your partner can come under the Withdrawal Agreement. If not accepted, they will have to apply as a third country national3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states. (3CN3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states.).

Can my family members become right holders themselves?

Only someone who themselves have the right to residence in Austria can become right holders. That means that your spouse, who was working and living in Austria before the end of 2020, will in their own right be a right holderRight Holder This is the person who was resident in Austria before 2021 and in their own right is covered by the WA.  Family members who do not themselves hold independent residency rights derive their right from this person.. If they arrived after the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government. ended they will never be able to become a right holder, but can still obtain independent residency rights after five years.

I am resident in Austria, and the rest of my family will move in 2021. What will we have to do?

Your core familycore family Direct and close family members. Spouse, registered partner, children under 21 (or over 21 if still dependent), direct parents or grandparents; Adopted children are treated as natural children. members can join you at any time, provided your relationship already existed by 31.12.2020.

Firstly, registration: Get their MeldebestätigungMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration..

They must then apply for their Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. cards as your family members within 3 months of arrival. You can do this either if you already have your own Art 50 EUV card, or alternatively you can apply for the whole family at the same time – there is no fixed recommendation in this regard – so you may choose either way, depending on what is more convenient for you. Confirmations of application will be issued to cover the period until their cards come through.

They will have to show they are supported by you or have their own jobs. As long as you are (self-)employed or self-sufficient they will be covered by you. The order in which to do things or exactly how to get them covered by your Krankenkasse has not yet been resolved. Therefore it would be advisable to contact the ÖGK as soon as you know when your relations are going to be moving out to Austria to join you.

How long does my family have to register after they arrive?

Family members arriving in 2021 must register within 3 working days for the MeldebestätigungMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration., and must apply within 3 months of arrival for their Article 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. cards. You as the right holderRight Holder This is the person who was resident in Austria before 2021 and in their own right is covered by the WA.  Family members who do not themselves hold independent residency rights derive their right from this person. must either already have your Article 50 EAV card, or you can apply at the same time as your family.

Which family members can and cannot join me in Austria?

  1. Who can join me?
    • Your core familycore family Direct and close family members. Spouse, registered partner, children under 21 (or over 21 if still dependent), direct parents or grandparents; Adopted children are treated as natural children. can join you at any time.
    • Children born or adopted after the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government. are also covered of course.
    • Your extended familyextended family Family members that are not vertically related to you or your spouse/registered partner. eg Your or your partner's children, grandchildren, parents, grandparents. Unmarried couples that are not registered but in a "durable relationship" are "extended family". The Withdrawal Agreement states that Austria must "facilitate entry and residence for that partner under national law". This is obviously more stringent that the WA conditions, so we advise to get your partnership at least registered in Austria before 2021. if they were living in Austria before 31.12.2020
    • Your partner in a durable relationshipDurable relationship A couple who are not married or in a recognised, registered partnerhip. The partner is regarded as extended family. who was resident in Austria before 31.12.2020
  2. Who cannot join me under the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration  
    • Your extended family who were not living in Austria before 31.12.2020.
    • If you marry someone that you were not in a relationship with before the end of the transition period, they will have no rights under the Withdrawal Agreement and will have to apply as a third country national3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states. (3CN3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states.) to join you.
    • Your partner in a durable relationship who was not resident in Austria before 31.12.2020.

People who fall under point 2: In some cases, the Withdrawal Agreement obliges Austria to “facilitate the entry and residence” and if they are accepted will be covered by the Withdrawal Agreement, otherwise they will have to apply as third country nationals.

Can I bring my non-UK or non-EU spouse/partner?

Yes, but only if your relationship existed before the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government.. Otherwise they will have to apply as a third country national3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states. (3CN3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states.).

Can my children pass on their rights to their family?

No. Children or other family members who are not right holders themselves will not be able to bring their future family members to Austria under the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration  . Only right holders can do this.

Is there a difference between rights gained before or after 2020?

Yes. If you qualified for your rights under the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration   before the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government. you are considered as a right holderRight Holder This is the person who was resident in Austria before 2021 and in their own right is covered by the WA.  Family members who do not themselves hold independent residency rights derive their right from this person. in the context of family reunions. It is important to note that you need to be a right holder to have your family join you, and that you can only be a right holder if you were living in Austria legally before end of 2020.

Only family members who were here before the end of the transition period can become right holders just like you, even if they were dependents previously. They, like you, will be able to have their core families join them later.

Those core familycore family Direct and close family members. Spouse, registered partner, children under 21 (or over 21 if still dependent), direct parents or grandparents; Adopted children are treated as natural children. members who joined you after the end of the transition period will not be able to become right holders. They will not be allowed to have their future families join them.

Your core family can eventually gain Withdrawal Agreement residency rights for themselves (e.g. by getting a job, becoming a student, or after 5 years of residency in Austria). Depending on whether they were here before or after the end of 2020 will determine whether they can later bring their core families to Austria.

What happens if I/we divorce, or I leave Austria, or I die?

Your family members that haven’t gained independent right of residence may still be covered by the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration   through “retained rights”. This is a complex subject and you should seek expert advice.

Your family members that have gained independent right of residence will be covered by the Withdrawal Agreement and can stay as before.

What about children born after the end of 2020?

Children born or adopted after the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government. (either in Austria or outside) will be covered by the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration   if:

  • Both you and the other parents are right holders or
  • One parent is a right holderRight Holder This is the person who was resident in Austria before 2021 and in their own right is covered by the WA.  Family members who do not themselves hold independent residency rights derive their right from this person. and the other is Austrian, or
  • One parent is a right holder and has joint or sole custody rights of the child

Children born or adopted after the end of the transition period will not have the right to be joined by their own family members.

I have a partner/family member who is planning to join me in Austria in future, will my residency have a bearing on their right to live and work in Austria?

Yes it can.
In 2021 you must apply either for the Article 50 EUV cardAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. under the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration  , or for one of the titles to be able to stay as a 3rd country national3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states.. The 27 EU nations and the UK wouldn’t have argued for 2 years to get this deal if it were worse than the alternative. In our eyes it’s a no-brainer. The Article 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. wins hands down.

Withdrawal AgreementR-W-RRot-Weiss-Rot, Daueraufenthalt EU and Blaue Karte EU Titles The EU Blue Card is issued in the shape of a bank card and is a combination of residence permit and employment permit. If you are the holder of an EU Blue Card, you are entitled to temporary settlement and to employment with a specific employer. It is issued for a validity period of two years. If you held an EU Blue Card for two years, you may apply for a Red-White-Red Card plus, provided you were employed for at least 21 months during the previous 24 months in a job matching your qualification. The Red-White-Red Card  is a combination of residence permit and employment permit. It is valid for two years and entitles you as the holder to settlement and employment with a specific employer. If you change your employer within the first two years, you have to apply for a new Red-White-Red Card. The Red-White-Red Card plus   entitles its holder to settlement and unrestricted employment. If you are the holder of a Red-White-Red Card plus, you may change your employer at any time without having to apply for a new permit. If you held a Red-White-Red Card for two years, you may apply for a Red-White-Red Card plus, provided you were employed in accordance with the eligibility requirements for a minimum of 21 months during the previous 24 months. Family members of Red-White-Red Card holders and of holders of an EU Blue Card may apply for a Red-White-Red Card plus right away.  
Who can come?core familycore family Direct and close family members. Spouse, registered partner, children under 21 (or over 21 if still dependent), direct parents or grandparents; Adopted children are treated as natural children. (spouse/partner, children, grandchildren, parents, grandparents…)spouse/partner and unmarried children
Language testnoneA1 – may not be more than 1 year old.
After 5 years B1 is required for longer residence
Income test(nominally €1,375 for couples but unlikely to be applied), or a job at least 5.5 hours a week€ 1,524.99 for couples
Duration of permit and cost5 years (€50), then permanent residence is awarded (€70)3 years (€120). After 5 years (€120)
Who can get one? Anyone resident in Austria before 01.01.2021Only highly qualified, or people in a required profession.
Comparison of Withdrawal Agreement against Rot-Weiss-RotRot-Weiss-Rot, Daueraufenthalt EU and Blaue Karte EU Titles The EU Blue Card is issued in the shape of a bank card and is a combination of residence permit and employment permit. If you are the holder of an EU Blue Card, you are entitled to temporary settlement and to employment with a specific employer. It is issued for a validity period of two years. If you held an EU Blue Card for two years, you may apply for a Red-White-Red Card plus, provided you were employed for at least 21 months during the previous 24 months in a job matching your qualification. The Red-White-Red Card  is a combination of residence permit and employment permit. It is valid for two years and entitles you as the holder to settlement and employment with a specific employer. If you change your employer within the first two years, you have to apply for a new Red-White-Red Card. The Red-White-Red Card plus   entitles its holder to settlement and unrestricted employment. If you are the holder of a Red-White-Red Card plus, you may change your employer at any time without having to apply for a new permit. If you held a Red-White-Red Card for two years, you may apply for a Red-White-Red Card plus, provided you were employed in accordance with the eligibility requirements for a minimum of 21 months during the previous 24 months. Family members of Red-White-Red Card holders and of holders of an EU Blue Card may apply for a Red-White-Red Card plus right away.   residency for family members

Austrian migration website FAQs

There is a calculator here to see if you qualify for any of the third country national3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states. (3CN3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states.) cards.