Family reunification

Back to: The Austrian Asylum System and its Functions

For most people, the family offers security, protection and stability. UNHCR studies show that it is easier for refugee families to integrate into the host society than people who worry about those left behind.

Human right to family

The right to family unity is firmly anchored in international and national laws and treaties.

Definition of the family concept

The definition of the family applies the concept of the so-called „core family“. Family members within the meaning of the Austrian Asylum Act include the following persons:

Minors, unmarried children.
The parents of minor unmarried children.
Spouses and registered partners of beneficiaries of protection, provided that the marriage already existed in the country of origin.

It is often difficult to prove a marriage or registered partnership which has only been entered into on a religious/traditional basis. Traditional marriages are often not recognised.

In Austria, the term „family“ is very narrowly defined by the „core family“, so that only parents entitled to protection can catch up with their minor children and married couples with their spouse. Parents of refugee children and adolescents are counted as family members in the law.

Sources (June 2019)

http://www.asyl.at/de/themen/familienzusammenfuehrung

Application for family reunification

Family members who have stayed abroad must submit their application to the Austrian Embassy within three months of being granted asylum. Failure to meet this deadline must result in additional requirements, e.g. sufficient income, local housing, health insurance.

The embassy receives the application and forwards it to the BFA in Austria, which checks whether the applicants actually belong to the core family.

After a possible entry into Austria, the family members must immediately file an asylum application and are entitled to basic care for the duration of the asylum procedure.