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.).