Family Members’ Residence in Austria: Non-EU Spouses and Children in 2026

If you are an EU citizen living in Austria, eligible family members may join you even if they are not EU citizens. The rules differ depending on whether the family member is an EU citizen or a third-country national. This guide explains who qualifies, which document they receive and which deadlines apply in 2026.

Who do these rules apply to?

These rules apply to family members of an EU citizen who has the right to live in Austria under EU law. The term “EU citizen” also includes citizens of the EEA countries Iceland, Liechtenstein and Norway, as well as Swiss citizens.

The same rules apply to Austrian citizens who have exercised their right to free movement under EU law. The EU citizen must therefore have a residence right in Austria under EU rules.

Which non-EU family members are eligible?

Eligible third-country family members include:

• Spouses and registered partners (eingetragene Partnerin/eingetragener Partner).
• Direct descendants, such as children, grandchildren and great-grandchildren, up to the age of 21. After that age, they qualify if the EU citizen or their spouse actually supports them.
• Direct ancestors, such as parents, grandparents and great-grandparents, if the EU citizen or their spouse actually supports them.

Descendants and ancestors may be relatives of either the EU citizen or their spouse or registered partner. Other relatives may require a separate settlement permit, the Niederlassungsbewilligung für weitere Angehörige.

Which document does a non-EU family member receive?

A non-EU family member proves their right of residence with a residence card (Aufenthaltskarte), which is issued upon application.

• First document for a non-EU family member: Aufenthaltskarte
• Application deadline: within 4 months of entering Austria
• After five years: permanent residence card (Daueraufenthaltskarte)

The residence card and permanent residence card are the size of a bank card and can also be used to prove identity.

When must the application be submitted?

The application must be submitted within four months of entering Austria. After five years of uninterrupted and lawful residence in Austria, the family member may apply for a permanent residence card (Daueraufenthaltskarte).

Separately, anyone who takes accommodation in Austria must register and deregister their address under the registration law (Meldegesetz). This address registration is known as the Meldezettel.

Can a non-EU spouse work in Austria?

Yes. Eligible non-EU family members have free access to the Austrian labour market. They can have this confirmed by the public employment service (Arbeitsmarktservice, AMS). The relevant application is called “Ausnahmebestätigung nach § 3 Abs 8 AuslBG”.

What if the family member is also an EU citizen?

If the spouse or child is an EU citizen, they may stay in Austria for three months without a visa and without conditions. If they stay longer and do not meet the general requirements in their own right, they may also qualify as a family member. In that case, the relevant document is the registration certificate (Anmeldebescheinigung).

• Fee: 44 euros, payable when the application is submitted
• Application: in person
• Responsible authority in Vienna: MA 35, “EWR” department
• Responsible authority in Graz: Office of the Styrian Provincial Government
• Elsewhere: district authority (Bezirkshauptmannschaft); in a statutory city, the Magistrat

If the document is not issued, the 44 euros may be reclaimed from the tax office (Finanzamt). For a child under 14, the legal representative submits the application. Foreign-language documents generally require a certified translation, usually prepared by a sworn, court-certified translator. Documents in English generally do not need to be translated.

Frequently asked questions

Do you always have to carry your passport?

There is no general obligation, but carrying it is advisable because the police may be entitled to establish your identity in certain situations. For a non-EU family member, the residence card also counts as an identity document.

How long do you have to apply for the residence card?

The application must be submitted within four months of entering Austria.

When can a permanent residence card be requested?

It may be requested after five years of uninterrupted and lawful residence in Austria.

Can a non-EU child over the age of 21 join the family?

Yes, if the EU citizen or their spouse actually supports the child.

Practical steps

1. Confirm that the EU citizen living in Austria has a residence right under EU law.
2. Check whether the family member is a spouse, registered partner, eligible descendant or eligible dependent ancestor.
3. Arrange the required civil-status and family documents, including certified translations where necessary.
4. Register the address under the Meldegesetz after taking accommodation in Austria.
5. Submit the residence card application in person within four months of entering Austria.
6. If the family member intends to work, contact Arbeitsmarktservice (AMS) about the “Ausnahmebestätigung nach § 3 Abs 8 AuslBG”.
7. Keep records of uninterrupted and lawful residence if applying for a Daueraufenthaltskarte after five years.

This article is based on information available online and does not constitute legal advice. Use of the information is at your own risk. For professional advice, consult a lawyer, legal professional, healthcare professional, employment-law or labour-market specialist, or another relevant professional.

Source: oesterreich.gv.at