- Working in Austria
- Living in Austria
Residence Permit – Family Reunification: When is employment possible?
The Residence Permit – Family Reunification allows family members of certain third-country nationals to reside in Austria (for example, family members of holders of a Residence Permit – Student). Since the amendment to the Austrian Settlement and Residence Act (Niederlassungs- und Aufenthaltsgesetz) in 2026, an important change has been introduced: Under certain conditions, this residence permit can now be issued together with direct access to the Austrian labour market.
What has changed under the amendment?
Previously, a Residence Permit – Family Reunification was generally not linked to labour market access. Family members wishing to work in Austria typically required a separate work permit, which had to be applied for by their prospective employer.
Since the legislative amendment, applicants can now apply for a Residence Permit – Family Reunification with labour market access. In these cases, no separate work permit is required.
Is employment mandatory with a Residence Permit – Family Reunification?
No. The new regulation does not oblige anyone to take up employment.
Family members may still obtain a Residence Permit – Family Reunification without labour market access if they do not intend to work in Austria.
When can an application for labour market access be submitted?
An application for labour market access can be submitted in the following situations:
- when applying for a Residence Permit – Family Reunification for the first time;
- during the renewal of an existing residence permit; or
- during an ongoing stay in Austria through an application for a change of purpose of stay.
Who can submit the application for labour market access?
The application may be submitted either by the family members themselves or by their prospective employer.
Where can the application be submitted?
As a general rule, the application must be submitted at the competent Austrian embassy or consulate in the applicant’s country of residence.
If the family members are entitled to enter Austria visa-free or are already legally residing in Austria, the application may also be submitted to the competent residence authority in Austria.
Which documents are required?
In addition to the documents generally required for a Residence Permit – Family Reunification (see heresee here ()), applicants must provide proof of a concrete job offer.
For this purpose, an employer declaration must be submitted.
What is the role of the Austrian Public Employment Service (AMS)?
The residence authority forwards the application to the Austrian Public Employment Service (AMS).
The AMS examines whether the requirements for labour market admission are met. The assessment is carried out according to the same rules that previously applied when deciding on work permits.
The Residence Permit – Family Reunification with labour market access can only be granted once all labour market requirements have been fulfilled.
What happens if the AMS does not approve employment?
If the AMS does not grant labour market admission, this does not automatically mean that the residence permit application will be rejected.
If the family members meet the general requirements for the issuance of a residence permit, they may still be granted a Residence Permit – Family Reunification without labour market access.
For what period is the residence permit issued?
As a general rule, the validity period depends on the residence status of the sponsor (the principal permit holder).
However, the Residence Permit – Family Reunification is issued for a maximum period of one year and can subsequently be renewed.
Is it possible to change employers?
Labour market admission is granted for a specific employer. This information is also stated on the backside of the card. As a result, changing employers is not automatically permitted.
If employment is to be taken up with a different employer, a change of purpose application is generally required. A new employer declaration must also be submitted.
If all required documents have been submitted in full and no decision has been issued within 45 days, employment with the new employer may, under certain conditions, be commenced provisionally.
If additional documents are requested or the application is incomplete, the processing period will be extended accordingly.
Is it possible to hold multiple jobs simultaneously?
The legal provisions do not explicitly exclude multiple employment relationships. In practice, however, implementation may be challenging because labour market admission is linked to specific employment relationships.
Individuals wishing to take up additional employment alongside their main job should clarify the applicable requirements in advance with the competent AMS office and the residence authority.
What happens in the event of unemployment?
As a general rule, the authorities will usually wait approximately six months before initiating proceedings to withdraw a Residence Permit – Family Reunification with labour market access.
Since holders of a Residence Permit – Family Reunification are not required to be employed, it must be assessed in such cases whether the requirements for a Residence Permit – Family Reunification without labour market access continue to be met.
