Residence Permit – Family Community

Route status

Active as of 2026-08-12[4][8]

Open to new applications under the rules recorded below.

Residency route facts

Identity

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 basisNAG § 69, with AuslBG § 20d Abs. 9 where the permission is to grant labour-market access as of 2026-08-12[1][4][8]
Instrument typeresidence 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

Who can apply
Nationals not served by this routeEEA, EFTA as of 2026-08-12[2][3]
Minimum age21 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 conditionNo 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

Permit terms
Initial durationNot 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 setmatches the sponsor's permit
RenewableNot established from a qualifying source
Work rightsauthorisation 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

Permanent residence and citizenship
Counts toward permanent residenceYes as of 2026-08-12[7]

Requirements

Requirements
Who can sponsorspecific 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 relationsspouse, 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 requirement1 × equalisation supplement reference rate per month as of 2026-08-12[4][5]
Sponsor accommodation requirementYes 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 testNo as of 2026-08-12[2][8]

Process

Process
Where to apply fromeither 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 timeRecorded at the source, but not reducible to a single value as of 2026-08-12[8]
Fees
    • Kind: application
    • Amount: EUR 218 as of 2026-08-12[4][10]
    • Charged per: applicant
    • Paid by: applicant
Quota
  • Quota exists: No as of 2026-08-12[6]
    NAG § 13 Abs. 1's closed list of quota-bound titles contains no Aufenthaltsbewilligung.

Physical presence

Physical presence
none statedto keep the permit as of 2026-08-12[4][8]

Family inclusion

Family inclusion
Family members may be includedNot 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.

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Verification

Verification
Sources cited10
of which official (tier 1)10
Oldest as-of date2026-08-12
Newest as-of date2026-08-12
Reviewed on2026-08-17
Schema version1.1

Sources

  1. [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. [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. [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. [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. [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. [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. [7] NAG § 45 — Aufenthaltstitel „Daueraufenthalt – EU“
    Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt · statute · Tier 1 · Accessed 2026-08-12
  8. [8] NAG § 69 — Aufenthaltsbewilligung Familiengemeinschaft
    Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt · statute · Tier 1 · Published 2025-12-01 · Accessed 2026-08-12
  9. [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. [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

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