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), 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
   • Persons whose presence is necessary so that the sponsor is not deprived of his or her right of residence granted 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  .
2. Who may be able to join me under the Withdrawal Agreement:
   • Your extended family who were not living in Austria before 31.12.20, BUT who applied to join you before that date.
   • Your partner in a durable relationship who was not resident in Austria before 31.12.20, provided the durable relationship existed before 31.12.20.
3. Who cannot join me under the Withdrawal Agreement
   • Your extended family who were not living in Austria before 31.12.2020 and did not apply before the end of transition
   • If you marry someone, enter in to a registered partnership or become a partner in a durable relationship, but you were not in a relationship 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.

For dependent parents and grandparents: Proof is required that they are financially dependent on the sponsor at the time of the application and that the sponsor has a history of supporting them financially. Physicial dependency and/or emotional dependency does not factor here, unless it’s discretionary. In other cases they might need to look at the quota based privateer/retiree permit.

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.