Mobility of Union citizens and their family members within the EU
Workers from Croatia
For citizens of Croatia the transitional regulations regarding labour market access apply. Information for Workers from Croatia.
EEA citizens and people from Switzerland have the right to reside in the territories of any EEA member state and of Switzerland for a period of three months.
If they or their family members intend to stay in Austria for more than three months, the permanent residence has to be registered with the competent residence authorities within four months after their arrival in Austria.
EEA citizens and Swiss citizens may reside in Austria for more than three months if they
- are employed or self-employed in Austria or
- have adequate means of subsistence to support themselves and their dependants and have sufficient health insurance coverage for themselves and their family members or
- attend an Austrian school or recognised education facility as a main purpose of their stay and earn a secure living and have a sufficient health insurance coverage.
EEA or Swiss family members
EEA or Swiss family members may reside in Austria for more than three months if they are:
- Spouses or registered partners, or
- Direct descendants of an EEA national or his/her spouse or his/her registered partner aged 21 years or younger, or else older, if they receive actual maintenance, or
- Related to the EEA national or his/her spouse or his/her registered partner in direct ascending line, if they receive actual maintenance, or
- Life partners in a proven long-term relationship, or
- Other relatives of sponsor having already received maintenance from sponsor in their country of origin, or having already lived in the same household with sponsor in their country of origin, or are in need of personal care by sponsor due to serious health conditions.
For EEA citizens or Swiss citizens who have a right of residence in the federal area, a registration certificate will be issued as a formal documentation of the application
EEA nationals or Swiss nationals with a right of residence under EU law shall obtain the right of long-term residence after five years of lawful residence on the Federal Territory without interruption. Upon application, they shall be issued a “Long-term Residence Certificate”.
Family members from third countries
For family members of EEA citizens, Swiss citizens or Austrians who have exercised their right to free movement within the EEA or Switzerland who are not EEA citizens or Swiss citizens, a residence card can be issued. After five years of permanent and legal residence in the federal country a permanent residence card can be issued.
Third Country family members of EEA citizens or Swiss citizens may reside in Austria for more than three months if they are include:
- spouses or registered partners or
- family members of EEA citizens or Swiss citizens or their spouse or their registered partner in descending line (children, grandchildren) until they reach the age of 21 and beyond, as long as they receive actual maintenance
- family members of EEA citizens or Swiss citizens or their spouse or their registered partner in ascending line (parents or grandparents), as long as they receive actual maintenance.
The competent residence authority can be either:
- the state governor (Landeshauptmann) or
- the administrative district authority (Bezirksverwaltungsbehörde) authorised by the state governor:
A list of all documents to be submitted has been published in the Implementation Regulations relating to the Settlement and Residence Act (Niederlassungs- und Aufenthaltsgesetz-Durchführungsverordnung - NAG-DV).
Further information and useful links
Laws and Provisions
- Settlement and Residence Act (German)
- Act Governing the Employment of Foreign Nationals (pdf - 538 KB; English)