Residence Permit – Family Community
Residency route facts
Identity
| Official name (local) | Aufenthaltsbewilligung „Familiengemeinschaft“ as of 2026-08-12[8][9] NAG § 8 Abs. 1 Z 12 and § 69 name the permission. |
|---|---|
| Official name (English) | Residence Permit – Family Community as of 2026-08-12[4] Translation of the official German designation as the administering portal uses it. Marked as a translation. |
| Legal basis | NAG § 69, with AuslBG § 20d Abs. 9 where the permission is to grant labour-market access as of 2026-08-12[1][4][8] |
| Instrument type | residence permit as of 2026-08-12[9] An Aufenthaltsbewilligung under NAG § 8 Abs. 1 Z 12 — temporary residence without an intention to settle, derived from the sponsor's own Aufenthaltsbewilligung. |
Who can apply
| Nationals not served by this route | EEA, EFTA as of 2026-08-12[2][3] |
|---|---|
| Minimum age | 21 as of 2026-08-12[4] Applies to spouses and registered partners, who must have completed their 21st year; unmarried minor children including adopted and step-children are the other eligible group and minority is their condition. |
| Criminal-record condition | No as of 2026-08-12[4][5] Austrian residence law imposes no clean-criminal-record condition as such. NAG § 11 Abs. 1 lists the mandatory grounds of refusal and none of them is a conviction in general: the only conviction-based ground is Z 6, a final penalty in the last twelve months for circumventing border control or unlawful entry. A criminal record can still defeat an application through the public-interest test in NAG § 11 Abs. 2 Z 1, which is why migration.gv.at records that many authorities ask for a police-record extract not older than three months with a first application. So the answer here is "no" in a narrow sense: a clean record is not a condition of this permit, but a conviction can still cost an applicant the permit. |
Permit terms
| Initial duration | Not applicable as of 2026-08-12[8] NAG § 69 Abs. 1 last sentence: the validity of the derived permission follows the validity of the third-country national sponsor's own permission. There is no number to record, so the rule is carried by initial_duration_basis, per schema §6.4. |
|---|---|
| How the initial term is set | matches the sponsor's permit |
| Renewable | Not established from a qualifying source |
| Work rights | authorisation required as of 2026-08-12[1][4] AuslBG § 20d Abs. 9: where the „Aufenthaltsbewilligung – Familiengemeinschaft“ is to grant access to the labour market, the admission procedure of Abs. 1 and 2 applies and the regional AMS office checks the § 4 Abs. 1 conditions other than Z 1. Where access has been granted, § 20d Abs. 7 gives the holder at least six months to find work on becoming unemployed. |
Permanent residence and citizenship
| Counts toward permanent residence | Yes as of 2026-08-12[7] |
|---|
Requirements
| Who can sponsor | specific permits as of 2026-08-12[4][8] The sponsor must hold an Aufenthaltsbewilligung. migration.gv.at names the qualifying ones: ICT, mobile ICT, Forscher-Mobilität, Sonderfälle unselbständiger Erwerbstätigkeit and Studenten. NAG § 69 Abs. 2 states the exclusions from the other side: the derived permission is not available to family members of holders of a Betriebsentsandter (§ 59), Selbständiger (§ 60), Schüler (§ 63), Sozialdienstleistender (§ 66), Freiwilliger (§ 67) or Grenzgänger (§ 68) permission, nor of a Sonderfälle permission (§ 62) resting on an activity under § 1 Z 10 AuslBVO. § 69 Abs. 1a waives the accommodation condition for family members of a mobile researcher who already lived with them in the other member state. |
|---|---|
| Eligible relations | spouse, registered partner, minor child as of 2026-08-12[4][8] migration.gv.at: spouses and registered partners who have completed their 21st year, and unmarried minor children including adopted and step-children. |
| Sponsor income requirement | 1 × equalisation supplement reference rate per month as of 2026-08-12[4][5] |
| Sponsor accommodation requirement | Yes as of 2026-08-12[4][5][8] NAG § 11 Abs. 2 Z 2 applies through § 69 Abs. 1; the single express waiver is § 69 Abs. 1a for family members of a mobile researcher who already resided with them in the other member state. |
| Pre-entry language test | No as of 2026-08-12[2][8] |
Process
| Where to apply from | either as of 2026-08-12[4] First applications at the competent Austrian representation abroad; persons entitled to enter visa-free may file in Austria, and migration.gv.at names the „Aufenthaltsbewilligung – Familiengemeinschaft“ among the permissions that may be applied for in Austria after lawful entry and during a lawful stay. |
|---|---|
| Statutory processing time | Recorded at the source, but not reducible to a single value as of 2026-08-12[8] |
| Fees | |
| Quota |
|
Family inclusion
| Family members may be included | Not established from a qualifying source |
|---|
Your next step
Read the requirements above considering your own situation: the income multiple, the absence limits, who you can bring. Check the country record for the reference figure those amounts are calculated from, and for anything that has changed recently.
The next step is your own case. That assessment is legal work. Create profile for our assistance in this.
Profile benefits
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Verification
| Sources cited | 10 |
|---|---|
| of which official (tier 1) | 10 |
| Oldest as-of date | 2026-08-12 |
| Newest as-of date | 2026-08-12 |
| Reviewed on | 2026-08-17 |
| Schema version | 1.1 |
Sources
- [1] AuslBG § 20d — Zulassungsverfahren for the Red-White-Red Card, EU Blue Card, Niederlassungsbewilligung – Künstler and Grenzgänger permission, including the four-week AMS deadline and the six-month post-unemployment job-search period (version in force from 7 August 2026)
Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt · statute · Tier 1 · Published 2026-08-07 · Accessed 2026-08-12 - [2] Familienzusammenführung — family reunification: definition of family member, which title each sponsor category yields, the quota rule, 'Deutsch vor Zuzug' A1 requirement, 2026 equalisation supplement reference rates, fees
migration.gv.at — joint portal of the Federal Ministry of the Interior, the Federal Ministry of Labour, Social Affairs, Health, Care and Consumer Protection and the Federal Ministry for European and International Affairs · official portal · Tier 1 · Accessed 2026-08-12 · Archived copy - [3] Permanent immigration — Red-White-Red Card groups and general requirements for issuing residence permits (incl. the equalisation supplement reference rate from 1 January 2026)
migration.gv.at — joint portal of the Federal Ministry of the Interior, the Federal Ministry of Labour, Social Affairs, Health, Care and Consumer Protection and the Federal Ministry for European and International Affairs · official portal · Tier 1 · Accessed 2026-08-12 - [4] Temporärer Aufenthalt — the Aufenthaltsbewilligung (temporary residence permission) catalogue: general conditions, 2026 equalisation supplement reference rates including the reduced rates for pupils and students, labour-market access for pupils and students
migration.gv.at — joint portal of the Federal Ministry of the Interior, the Federal Ministry of Labour, Social Affairs, Health, Care and Consumer Protection and the Federal Ministry for European and International Affairs · official portal · Tier 1 · Accessed 2026-08-12 · Archived copy - [5] NAG § 11 — Allgemeine Voraussetzungen für einen Aufenthaltstitel (incl. Abs. 5: subsistence measured against the § 293 ASVG reference rates)
Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt · statute · Tier 1 · Accessed 2026-08-12 - [6] NAG § 13 — Niederlassungsverordnung (the annual quota ordinance and the exhaustive list of quota-bound residence titles)
Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt · statute · Tier 1 · Accessed 2026-08-12 - [7] NAG § 45 — Aufenthaltstitel „Daueraufenthalt – EU“
Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt · statute · Tier 1 · Accessed 2026-08-12 - [8] NAG § 69 — Aufenthaltsbewilligung Familiengemeinschaft
Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt · statute · Tier 1 · Published 2025-12-01 · Accessed 2026-08-12 - [9] Niederlassungs- und Aufenthaltsgesetz (NAG) § 8 — Arten und Form der Aufenthaltstitel (consolidated federal law, version in force on the access date)
Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt · statute · Tier 1 · Published 2026-08-07 · Accessed 2026-08-12 - [10] „Blaue Karte EU“ – Antrag — EU Blue Card application: conditions, validity, employer change, eight-week statutory decision period, EUR 218 application fee
oesterreich.gv.at — Austrian federal digital-services portal (content responsibility: Federal Ministry of the Interior) · official portal · Tier 1 · Published 2026-08-07 · Accessed 2026-08-12