EEA nationals, Swiss nationals and their third-country family members

EU citizens have the right to move, enter and reside freely within the European Union in accordance with Union law. The same applies to nationals of the EEA area (Iceland, Liechtenstein and Norway) and to Swiss citizens.

EEA citizens and Swiss citizens are entitled to enter without a visa. They have the right to stay in Austria for a period of three months. This is regulated in the Foreign Police Act (FPG).

Employed persons (employees and self-employed persons), but also those not gainfully employed, provided they have sufficient means of subsistence and comprehensive health insurance cover, have a right of residence for more than three months. Their residence may not burden the social system of Austria.

The right exists for the following persons:

  • employed or self-employed persons and job seekers (for a certain period of time)
  • persons not in gainful employment (e.g. pensioners) who have sufficient own means of subsistence and comprehensive health insurance cover, and
  • students and trainees who have sufficient own means of subsistence and comprehensive health insurance cover.

Family members of this group of persons may also derive a right of residence from their relatives. This applies irrespective of the nationality of the family members, i.e. family members who are third-country nationals can also derive a right of residence.

Family members of Austrians who have made use of their right to freedom of movement and who subsequently return to Austria with their family members can also derive a right of residence under Union law.

Family members are

  • Spouses
  • Registered partners
  • Children, grandchildren, great-grandchildren of the person concerned or of the spouse or registered partner.
  • Children over 21 years of age, parents, grandparents, great-grandparents, etc. of the person concerned or of the spouse or registered partner, if they are actually receiving maintenance.

If the family member is an EEA citizen or Swiss citizen him/herself, it is possible to derive the right of residence under Union law for an extended circle of persons. EEA citizens or Swiss nationals may derive a right of residence as relatives if they are

  • a life partner and can prove the existence of a lasting relationship or
  • other relatives
    • who are already effectively dependent on the persons concerned in the country of origin,
    • who have already lived with them in the country of origin, or
    • where serious health reasons make personal care by the person concerned absolutely necessary.

Extended family members, who are themselves third-country nationals, can receive a residence title "settlement permit". This is subject to the fulfilment of the general conditions for granting the permit and a declaration of liability to be submitted by the sponsor. The sponsor or reunifying person is the EEA national, Swiss national or Austrian citizen, who exercised his right to freedom of movement, and to whom the foreigner is referring in his application.

This residence title can be granted to:

  • relatives of the sponsor or of the spouse in the straight ascending line (e.g. parents, parents-in-law and grandparents), if maintenance is actually paid to them by the sponsor
  • Life partners, if a permanent relationship already existed in the country of origin and if maintenance is actually paid to them by the sponsor
  • Other relatives, if
    • they have already received maintenance from the applicant in the State of origin, or
    • they have lived in the same household with the sponsor in the country of origin or
    • serious health reasons make their personal care by the sponsor absolutely necessary.

With the residence title "settlement permit relative" there is no access to the labor market. A change to a "red white red card plus" and thus free access to the labor market is possible.

Documentation to prove the right of residence

Registration certificate (Anmeldebescheinigung)

EEA citizens or Swiss nationals are entitled to reside in Austria under certain conditions. They must apply for a registration certificate within four months of entering Austria.

Note:

For EEA citizens or Swiss citizens and dependents with a right of residence under EU law, who lawfully settled in Austria before 1 January 2006 and who are legally registered in Austria, the existing valid registration also serves as a registration certificate.

long term resident certificate (Bescheinigung des Daueraufenthalts)

After five years of uninterrupted legal residence in Austria, persons holding a registration certificate may apply for a long term resident certificate. However, this is not necessary, i.e. it is not obligatory.

ID-for EEA citizens (Lichtbildausweis für EWR-Bürger)

They can also obtain a photo ID for EEA citizens. This is an identity document.

Residence card (Aufenthaltskarte)

Family members who are not themselves EEA citizens or Swiss nationals will receive a "residence card" upon application. This must be applied for after entry into Austria. It is not possible to make this application from abroad. The residence card is valid for five years.

The card is an identity document.

Permament Residence Card (Daueraufenthaltskarte)

After five years of uninterrupted legal residence in Austria, persons who hold a residence card can apply for the issue of a "permanent residence card".

The card is an identity document.

Further information is available here: