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26 Aug, 2026

Legal changes regarding family reunification

Familienausflug

In August 2026, the legal provisions governing family reunification for persons granted international protection in Austria (those entitled to asylum or subsidiary protection) underwent fundamental changes. An overview of the most important changes:

Red-White-Red Card Plus for family members

Family members of persons who have been granted asylum or subsidiary protection in Austria (which must have been in force in Austria for at least two years) can now obtain a Red-White-Red Card Plus. This grants a right of residence, including unrestricted access to the Austrian labour market.

Family members are defined as spouses and registered partners (the marriage must have existed before the sponsor’s entry into Austria and the spouses must be at least 21 years old), parents of unaccompanied minors, and minor, unmarried children.

Quota requirement for family reunification

A new development is that the granting of a residence permit to family members is subject to a quota. This quota is set by the Federal Government for each calendar year. It stipulates the maximum number of residence permits that may be granted in that year. The level of the quota for 2026 has not yet been determined.

What requirements must be met?

The general requirements for the granting of residence permits must also be met for the ‘Rot-Weiß-Rot-Karte Plus’ for family members of persons enjoying international protection in Austria. These are:

  • Proof of sufficient means of support or sufficient financial resources
  • comprehensive health insurance cover in Austria
  • proof of accommodation in line with local standards
  • no threat to public order or security

If the application for family reunification is submitted within 3 months of refugee status being granted, these requirements are not checked.

Are there any exceptions to the quota requirement for family reunification?

Yes, but a separate application must be submitted, citing the right to private and family life. The competent authority must then assess separately whether compliance with the quota requirement would infringe this right. Only if this is the case can the Red-White-Red Card Plus be issued to family members without being subject to the quota.

Dr. Alexander Raidl, BA

Pramergasse 21, 1090 Wien

Pramergasse 21
1090 Wien

© Dr. Alexander Raidl. All rights reserved.
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