The law is laid out to treat each individual of the family the same way as the other. This means if one member has been granted asylum or subsidiary protection, the other members -should- get it too (unless a member has been convicted of criminal charges).
Please note that this applies only to close family members (so called “Kernfamilie”). Please note that due to recent changes:
1 ) In case of a positive asylum decision, the application for reunification should be made within 3 months following the decision.
- People under subsidiary protection can apply for family reunification only after three years.
Relatives of people who have an ongoing asylum procedure are not able to apply for family reunification. Relatives of people who have been granted asylum as well as of people under subsidiary protection are able to apply for an entry visa to Austria. Legally, relatives for whom this applies are: parents of underage children, marriage partners and unmarried underage children.
They have to apply at the Austrian Embassy which is closest to them. Then the officials in Austria will investigate which kind of family relation is existing and if this relation is unable to continue when living in different countries. This will take some time. In case of a positive decision, the Austrian embassy will grant the applicant an entry visa, which is valid for four months. During this time, the applicant can travel to Austria to apply for Asylum.
With marriage partners, the marriage must have been existing already before entering Austria, otherwise different rules apply.