Question: I am the non-EU spouse/registered partner of an EU national. Can I move to Austria and live with them permanently for more than 3 months?
Answer Yes, provision under EU and/or Austrian national law exists for you to join them under family re-unification rules. Certain criteria apply regarding healthcare, income, etc.
For spouses/registered partners of Austrian nationals, there are TWO sets of rules, depending on whether or not the Austrian national themselves previously exercised their rights under EU Freedom of Movement (FoM) rules (i.e. lived in another EU country outside Austria for more than 3 months). This should include any periods in the UK up until 31st December 2020.
If the Austrian spouse/registered partner has NOT exercised their right under EU FoM rules, Austrian national family re-unification rules apply including proof of German language skills (A1). However, restrictions may apply on how long family members can stay in Austria during the application process. In the case of UK nationals, this is 90 days visa-free. A “Familienangehörige” residence permit should be issued.
Austrian nationals who exercised their rights under EU FoM rules and other EU nationals fall under EU family re-unification rules. It should be possible for family members to stay in Austria until the application has completed. The legal basis is Article 54 NAG. An Aufenthaltskarte should be issued.
These rules apply to a spouse, registered partner and direct descendants under the age of 21.
Limited provision also exists for other family members outside this group. Fortunately, this includes for dependent (financially) direct relatives in the ascending line (parents, grandparents, great-grandparents) and Life Partners (not always easy to prove).
Note 1: If coming from the UK, you may require an ACRO Police Certificate.
Note 2: A UK EHIC/GHIC is not proof of sufficient healthcare.