Asylum, subsidiary protection and right to remain

What is an asylum application?

Every person can ask a country for protection.
You are asking for protection. This means: you are asking for asylum.
You go to the Austrian police and say: I want asylum.
This is your asylum application.
The only thing the police need to understand is that you want asylum in Austria.

What is asylum (§ 3 AsylG)?

Asylum is protection from persecution.
Asylum means you can stay in Austria for 3 years.
You will have a “limited residence permit for 3 years” (“befristetes Aufenthaltsrecht für 3 Jahre”).
You get a blue card. The blue card shows that you have been given asylum in Austria.
You are allowed to work in Austria.
What if you want to travel to other countries? Apply for a Geneva Convention passport (“Konventionsreisepass”).

Attention With this passport, you can travel to any country except for your home country.

What happens after 3 years?

  • Austria will check if you still need protection.
  • Austria will check if you have committed a serious crime. If you have committed a serious crime, Austria can end your asylum.

What happens if you still need protection and have not committed a serious crime?

  • You will be given an unlimited residence permit (“unbefristetes Aufenthaltsrecht”) and you can live and work in Austria forever.

Why is a person given asylum?

A person is given asylum, if they fulfill two conditions
Attention: both conditions need to be fulfilled together.
The conditions are:

Asylum is only given to people who are in danger, at risk or persecuted in their home country. To be given asylum, you must have a fear of being persecuted for a certain reason.

And: Asylum is only given to people who are personally at ris in their home country.
“persecuted for a certain reasons” means: You are persecuted for one of 5 reasons. These reasons are:

  • Ethnic group
    For example: You belong to a certain ethnic group and the group is in danger in your home country. Examples include: Yazidis, Kurds, Rohingya. You are personally at risk of ill-treatment or you are in danger because you belong to this ethnic group.Attention: What if you are not in danger personally? What if there is only a general risk to your ethnic group?

    This is not a reason for asylum.
    You must be personally in danger.

  • Religion
    For example: You belong to a Muslim family and you want to stop being a Muslim or you want to become Christian/Catholic.If you returned to your home country, you would be in danger.
  • Nationality
    For example: You belong to a minority from another country. For this reason, your country does not give you a passport and threatens you. Another example: The police do not help you, because of your nationality.
  • You belong to a particular social group
  • For example: You are homosexual (You are a man and you love a man. You are a woman and you love a woman). In your home country homosexuals are in danger.

    Another example: In your country women are forced to undergo female genital mutilation (circumcision of the clitoris).

  • Political opinion
  • For example: You criticise your country’s government. You express your political opinion.
    This is the reason why you are threatened or in danger.
    Another example: You take part in a demonstration. The police think that you support a certain political group/politician. In reality, you do not support this group/politician. However, if you returned to your country, you would be in danger.

“Personally at risk”means:

You are personally in danger or at risk of harm by the state. This means: In your home country, you are wanted or threatened – perhaps by the police, the militia, a public official or any other public authority.

Example 1: You criticise your government, you are put in jail and are tortured by the police.
Example 2: You are supposed to join the army or fight for a certain group. You do not want to fight but are forced to.
Example 3: You cannot dress the way you want to. If you do, you are at risk of harm.
Example 4: You are not allowed to choose your husband or your wife.
Example 5: You are not allowed to go to school but you do. For this reason, you are threatened.

It is also possible that you are not persecuted by the state (the police, the militia or others). Instead, you are persecuted by a private individual and the State cannot protect you.
For example: Your neighbour wants to hurt you. You go to the police but the police cannot protect you.
Another example: Your husband or your wife threatens to kill you. The police do not help you.

Attention To be given asylum, you must show both: That you have fear because of one of the above reasons and that you are personally at risk because of that reason.

What is subsidiary protection (§ 8 AsylG)?

What happens if you are not given asylum, but it is too dangerous in your home country for you to go back there?
In this case, you will be given subsidiary protection.
If you are given subsidiary protection, you can stay in Austria for one year.
You will be given a 12-month residence permit (“Befristete Aufenthaltsberechtigung”).

You will be given a grey card. This card is your identification.

You are allowed to work.
You can apply for a passport for third country nationals (“Fremdenpass”).

With this passport (“Fremdenpass”) you are allowed to travel.

But: You are not allowed to travel to your home country!

After one year, Austria can extend your subsidiary protection.
Important You have to apply for extension before the subsidiary protection ends.
Talk to your lawyer at least 2 months before it ends.

What is the right to remain (“Aufenthaltsrecht aus berücksichtigungswürdigen Gründen” short: “Bleiberecht”)?

What happens if you are not given asylum or subsidiary protection, but you are very well integrated into Austrian society?
You may be able to stay in Austria. This is often called “right to remain” (“Bleiberecht”).

Austria will check how well integrated you are. It will ask:

  • How long have you been living in Austria?
  • Do you have family in Austria? What kind of residence permit do your family members have? Did you have children or a spouse before you applied for asylum? Or did you start a family during the asylum procedure, when you did not know whether you could stay in Austria?
  • Do you work?
  • Do you have Austrian friends?
  • How good is your German?
  • Are you part of a club or society? Do you participate in social activities?
  • Do you have a criminal record in Austria? Have you broken Austrian law?
  • What would your circumstances be in your home country? Do you have family there? Would you be able to live and work there? Do you speak the local language?

Screening Interview (or First Interview)

What is the Screening Interview (First Interview)?


You file an asylum application with the police.
The police will talk to you. This is called a screening interview or first interview (“Erstbefragung”).

The police will ask you:

  • What is your name?
  • When were you born?
  • What is your nationality?
  • How did you come to Austria?
  • Why did you leave your country?

The police will only ask very briefly why you want asylum. There will be a second interview later.
You can explain in detail why you want asylum at the second interview.
You will speak in your own language. The police will speak in German.An interpreter will translate everything. The interpreter will help you to communicate.

Attention What happens if you cannot understand the interpreter? Tell the police!
It is important that you understand the interpreter. The police will ask a different interpreter to come.
This is your right.

You will talk. The police will write everything down in German. This is a written record.
It is called “Niederschrift”.
When the first interview is over, your interpreter will translate this written record.
The interpreter will read it for you in your language.
You can tell the interpreter, if everything is correct.
If something is wrong, tell the interpreter and the police. Say: This is wrong, please correct it.
If something is missing, tell the interpreter and the police. Say: I said something, but it is not written here.

Attention The written record must be correct. It must contain everything you said. This is your right.

You have to sign this written record.
Do you think everything is correct? Sign it.
Do you think something is wrong or missing? Write it down on the written record!
Why does everything have to be correct? Later on, you will have a second interview. This second interview is very important. The authorities will ask you about everything that is written  in the written record.
The police will give you a copy of the written record. If the police forget to give you a copy, tell them! Say: Please give me a copy. This is your right.

Housing

I have filed an asylum application. Where can I live?

In the beginning, you will stay in an asylum reception centre.
A doctor will examine you. Are you in pain? Are you sick? Tell the doctor!

You might have to wait for a few hours.
You might have to stay in the reception centre for a few months.
Then you will be transferred to another house or apartment.

You cannot choose where you live.

You will have to stay in this house until your asylum procedure is over.
There are special houses for families.
There are special houses for single women.
There are special houses for people with disabilities.
There are special houses for unaccompanied minors (persons younger than 18).

Attention
Every person living in Austria is given a certificate of registration (“Meldezettel”). Your address is written on this certificate.
The registration authorities called “Meldeamt” will register your Austrian address. It is important that you give them the correct address.

What if you have moved? What if you have a new address? Go to the Meldeamt immediately!
Tell them your new address! They will give you a new certificate of registration.

Why is it so important that the correct address is written on the certificate of registration?

Imagine: You forget to tell the registration authorities your correct address.
The authorities only have your old address.

The BFA would send any important letters to your old address.
And you would never receive this important letter. Or you would receive the letter too late and miss an important appointment. This is not good.

Check your post box every day!

I want to live together with my family. It this possible?

Yes. Tell someone at the reception centre. Say: I want to live with my family.

I want to live in the same city as my friends. Is this possible?

Maybe. But you do not have a right. The authorities do not have to consider friends in their decision.

Be careful: What do you need to do if you want to move? Tell the authorities before you move.

What if the authorities do not allow you to move somewhere else? You will have to stay where you are.
What if the authorities say no, but you move anyway? You will lose your basic care.

Admission procedure

What is the admission procedure?

Austria will check, whether it is responsible for checking your asylum application.
Austria does this, because of a law called “the Dublin Regulation”.

During the admission procedure Austria will check:

  • Do you have a husband or a wife or children under 18? Are they in another country in Europe?
  • Are your parents or other family members in another country in Europe? What is their status? Do they have protection or have they made an asylum application?
  • Did you travel to Austria with a visa?
  • Where did you first enter the European Union (EU)? Did somebody take your fingerprints? When you travel to the EU, sometimes your fingerprints are taken. Your fingerprints are saved in a database. Every EU country can look at your fingerprints. Austria can also look at your fingerprints.
  • Are you younger than 18? Did you come to Austria without your parents?
    If so, special rules apply to you. Here you can find information that applies especially to you.

What is the Dublin system?

The Dublin system means: Only one country in the EU checks your asylum application.
You cannot choose which country checks your asylum application.

You can only apply for asylum in one country.
You can only have one asylum application in one country.

And: Only one country can give you asylum.

I have an interview during the admission procedure. Why?

Austria will check whether it can send you to another EU country.
This is why the BFA wants to interview you.
Your legal adviser has to go to the interview with you.
Your legal adviser has to support you.
The interpreter will translate what the BFA says. This is your right.
Everything you say, will be written down. This is called written record (“Niederschrift”).
The written record will be read out aloud in your language.
If there are mistakes, you can correct them. You can add something. The BFA has to write it down. This is your right.

You can get a copy of the written record. Ask for it! This is your right.

Attention Some people cannot be sent to another EU country.

The reasons for this are:

Example 1: You are very ill. In the other EU country there are no doctors or hospitals that can help you.
Example 2: You are pregnant. In the other EU country there are no doctors or hospitals that can help you.
Example 3: You are a woman with no family. There are no special houses for single women in the other EU country.
Example 4: You are family with young children. There are no special houses for families in the other EU country.
Example 5: You have been to that country before and the police treated you badly.

Important: Do any of these reasons apply to you? Tell the BFA during your interview!

What can the BFA decide in the admission procedure?

After your admission procedure interview, the BFA will decide whether your asylum procedure is done in Austria.

The BFA will send you the decision letter (“Bescheid”). The BFA will say either yes or no.

  • The BFA says: Yes – Austria will look at your asylum application. You will be given a white card. This card is your identification. The card is also your residence permit during the asylum process.
    Now, Austria will check whether to give you asylum; or
  • The BFA says: No – Austria will not look at your asylum application. In this case, the BFA will say you have to leave Austria.

The BFA has decided that Austria will not look at my asylum application. What can I do?

You can ask the court to check the BFA’s decision.
Talk to your legal adviser (“Rechtsberatung”) immediately.

Write an appeal! Your legal adviser will help you.
The Federal Administrative Court (BVwG) will decide. The BVwG will say either yes or no.

  • The BVwG says: Yes – Austria will look at your asylum application.
    Now, Austria will check whether it can give you asylum.
    Austria will start looking at your asylum application.
  • The BVwG says: No – Austria will not look at your asylum application.
    A different country will look at your asylum application.
    You can leave Austria and go to that country voluntarily.
    What if you do not leave Austria voluntarily? The police can force you to go to that other country. This is called deportation (“Überstellung”).

The BFA or the court have decided that Austria will look at your asylum application. What happens next?

The BFA will invite you to a main interview.
The BFA will check, if Austria can give you asylum, subsidiary protection or the right to remain.

Main Interview (“Einvernahme”)

What is the main interview?

The BFA needs information from you. The BFA wants to talk to you about why you left your country. The BFA wants to know: why did you ask for asylum?
The BFA will invite you to an interview (called “Einvernahme”). You will receive an invitation by post.

I am waiting for the interview with the BFA. How long do I have to wait?

It can take a very long time, until the BFA invites you to an interview.

The BFA must check everybody’s application for asylum individually.
This is very difficult.

If you have waited a long time, do not worry. This is ok. Be patient.

What can I do to prepare for the interview?

Think deeply about your story and why you left your country.
Make sure you know your story from beginning to end.
Every detail is important. You will have to answer a lot of questions about why you left your country and about your past.

For example:
What are the names of the places, where you used to live?
What did it look like there?
What happened exactly before you left?
Who were the people you were trying to get away from?
Every detail is important!

Your legal adviser can help you prepare for the interview.
You can get free legal advice from these organisations:

Who will be at the interview?

  • You
  • BFA officer
  • interpreter
  • Sometimes: Legal adviser or lawyer
  • A person who you trust

The BFA officer will ask you questions.

In the interview, you will have to talk about everything that happened in your home country.
You will have to explain why you are at risk of harm.

You will have to explain why you are in danger.
Did you leave your home country because you were a victim of sexual violence?
You must tell the BFA officer.

Do you want a woman to interview you? Say: I want a female BFA officer to interview me.
Do you want a man to interview you?  Say: I want a male BFA officer to interview me.

This is your right.

The interpreter is neutral. This means they do not take your side and they do not take the BFA’s side. The interpreter is not allowed to help you.
The interpreter is not allowed to help the BFA officer.

The interpreter is only there to help you communicate with the BFA.
If you do not understand the interpreter, tell the BFA officer. Say: I do not understand.

It is important you understand the interpreter. You can get another interpreter.
This is your right.

Do you have a legal adviser or a lawyer?
This person can come with you and be present at the interview.
This is your right.

Who can you take with you to the interview?

You can bring a person who you trust. This can be a friend or a volunteer.
You can choose one person only.
This is a person you trust and who supports you.
This person cannot talk during the interview and cannot ask any questions.

Attention If you take a person of trust to the interview with you, the BFA cannot ask this person later about why you left your home country. This person can no longer be a witness for you.

How can you show the BFA that you have Austrian friends? How can you show the BFA that you are well integrated?

Tell the BFA: My person of trust can tell you that I am very well integrated.
I want you to ask my person of trust questions about my integration process.

Every person present at the interview has to respect the law. They are not allowed to tell anyone, what you have told them during the interview.
They have to remain silent afterwards.

This means you can feel safe. Only the people present in this room know what you have said. No one else will know.
This is your right.

How does the interview work?

The BFA officer will ask you questions. The interpreter will translate everything into your language.

You will give your answers. The interpreter will translate everything you say into German.
The BFA officer will write everything down in German.
This paper is called written record.

Everything you say has to be in the written record.
The written record has to be precise.

At first, the BFA officer will ask, who you are (e.g. name, date of birth, family).
The BFA officer will also ask you:

  • What is the situation in your home country like?
  • How did you travel to Austria?
  • What are you doing in Austria?

Then, the BFA officer will want to know:

  • Why did you flee from your country? Tell your story as precisely as possible.
  • What are the names of the places, where you used to live?
  • What did it look like there?
  • What happened exactly before you left?
  • Who were the people you were trying to get away from?

Tell all the relevant details. This is important for the decision on your asylum application.
Tell everything you want to tell. Take all the time you need.

The BFA officer will write everything down.
The BFA officer will want to understand everything.
The BFA officer will ask you a lot of questions.

If you do not know an answer, it is ok. Say: I do not know. It is important to tell the truth.
If you are very tired because of the interview, say: I need a break. Or say: I need something to drink.
You should tell everything. Everything you say during the interview, is important for your asylum application.

Later, the BFA will send you a decision letter (“Bescheid”).
This is the decision.

After the decision, you cannot give any new details.

Remember: This is why it is so important to say everything during the interview.

The interview is over. Now, the interpreter will tell you everything that is in the written record in your language. The interpreter has to translate sentence by sentence.
Then you will have to sign the written record. Only sign the written record if everything is correct and nothing is missing.

Check that everything is correct.
Is anything wrong? Is something missing? If yes, tell the BFA officer now. Do not sign the written record. Say immediately: I want you to correct the written record.

This is your right. Is everything correct? Now, you can sign.

I do not understand the interpreter. What can I do?

Tell the BFA officer. Say: I do not understand the interpreter.

You must be able to understand the interpreter. You can get another interpreter.
You can stop the interview. Say: I want a new interpreter. Then I will continue the interview. This is your right.

Are you afraid of the interpreter? What if you do not trust the interpreter?

Tell the BFA officer. Say: I want a different interpreter.
This is your right.

Did you say that you do not understand the interpreter well?
The BFA officer has to write this down in the written record.

If it is not in written record, do not sign it! Say: Please correct the written record.
The written record has to be correct.
This is your right.

The Written Record of the Interview

What is the written record?

During your interview, the BFA officer will write everything down. This is called written record (“Niederschrift”). Everything you say must be in the written record.

Later, the BFA officer will decide whether to give you asylum.

Do I get a copy of the written record?

Yes.
Say: Please give me a copy of the written record. This is your right.

Why do you have to sign the written record?

At the end of the interview, the interpreter will tell you everything that is in the written record in your language. The interpreter will translate sentence by sentence.

Check: Is everything correct? Is anything missing? If so, do not sign! Say: I want a correction.

If the record is correct and nothing is missing – you can sign it.
You will have to sign every page.
Your signature means: Everything is correct. Everything I want to say is in the written record.

You cannot change the written record later and you cannot add anything.
Everything has to be correct on this day.

I do not want to sign. What can I do?

Do you think the written record is wrong?

Tell the BFA officer!
Do you think the interpreter did not understand you correctly?
Tell the BFA officer!
The BFA officer has to write down that you think that the written record is wrong.
Do you think that BFA officer has not understood correctly? Do you think that the written record is not correct? Say: I cannot sign the written record.
You should tell the BFA officer, why not. The BFA office has to write the reasons down.
You do not have to sign.

I signed the written record. But the written record is not correct. How can I correct it?

This is very difficult.

When you sign, it means: everything is correct.
If something is not correct, you can write a statement. You can explain why the written record is not correct. You should also explain why you did not see the mistake earlier.

Later, you will receive the BFA’s decision letter. You can write an appeal to the Federal Administrative Court (BVwG). Say: The written record is not correct. But it is difficult.

Evidence and Documents

The invitation to the interview says I should bring evidence and documents. What does this mean?

Evidence can be any item or document.
If you have evidence that proves your story, it is very good and helpful.

For example, evidence can be your passport, your birth certificate, employment contracts, education certificates, diplomas, photos, videos, letters or bills.
A lot of different things can be used as evidence.
Talk to your legal adviser or lawyer. They will help you to decide what is useful evidence.

Bring your evidence with you to your interview.

It is very important that you make copies of all your documents before the interview.
You will have to give them to the BFA officer.
The BFA officer will keep them and must check them.
Ask for a written confirmation.

The BFA officer will check your statements.
They might also investigate  in your home country.

They have to tell you what they have found out.

What if they are wrong or something is missing?
Tell the BFA officer. Say: Something is wrong. Something important is missing.

For example: You are a woman. You have left Afghanistan. You did not want to get married, but you were forced to.
Another example: You were scared of being beaten at home. The police could not help you. The BFA officer has to investigate this information.
They will tell you what they have found out.

Attention Only give the authorities real documents.

They will check your documents.
If you provide documents which are wrong or fake, they will find out. You might be punished.

Do I have to translate my documents?

No.
Do you have documents? Take them with you to the BFA.
Make copies before you go!

Talk to your legal adviser or lawyer about the documents beforehand.

I have left my documents in my home country or another country. What can I do?

Can someone send you the documents? Ask this person to send them.
Keep the envelope.
Can someone send you a photo of your documents? That would also be good!

I do not have any evidence to prove my story. What can I do?

This is not a problem.

Attention Do not keep important information to yourself, because you cannot prove it. This is very bad. Always say everything. The authorities will try to find proof themselves.

For example:
Are you married, but you do not have your marriage certificate with you?
It does not matter. Say: I am married.
Otherwise, there could be problems later.

Attention
Do not provide fake evidence!
Providing fake evidence is dangerous. You risk being punished.

If the authorities find out, they will not believe anything else you say.
It is better to tell your true story, even if you do not have any evidence to prove it.

Penalties

What are administrative fines? What are their consequences for my asylum application?

You can be fined for minor violations of the law.
For example:

  • If you are supposed to leave Austria, but you stay.
  • You ride a bike on the pavement and not on the road.
  • You move to a new apartment without informing the registration authority.
  • You cross the street when the light is red.

Have you received an administrative fine? You must pay the fine.
If you cannot pay the fine, you will be sent to prison instead.

I can only pay part of the fine now. Can I pay the rest later?

You will need to ask the authorities. Say: Can I pay a little bit every month?
Can I pay the fine in instalments (“Ratenzahlung”)?

What happens if I do not have enough money at the moment and I cannot pay the fine immediately?

Ask the authorities whether you can pay the fine later (”Stundung”). Ask the authorities as soon as possible.

Remember
Do you want to take the bus, the tram or the metro? You must have a ticket!
If you take the bus without a ticket, you can receive a penalty. This means you have to pay money. The penalties can be very expensive.

Have you received a penalty? Pay it immediately!
If you do not pay immediately, the penalty will become more expensive.
If you did not pay the penalty at all, you can receive an administrative fine.

Be careful:
Have you received a lot of administrative fines?
This can be very bad for your right to remain in Austria.

What are court penalties? What are their consequences for your asylum application?

You can receive court penalties for major violations of the law.

For example: Stealing, beating people, drug dealing, falsifying documents or evidence and giving false testimony.

If you receive a court penalty, it often means you will have to go to prison.

Be careful:
Have you received a court penalty before your asylum application has been decided.
Some court penalties make it impossible to get asylum or subsidiary protection in Austria.

Penalties can also affect whether or not you can get a right to remain.

What happens if I have been given asylum or subsidiary protection and I receive a court penalty?

If you commit certain crimes and receive a court penalty, the BFA can end your asylum or subsidiary protection. (“Revocation”/“Aberkennung”)

Decision letter (“Bescheid”)

What decision on my asylum application can the BFA make?

The BFA can decide:

  • To give you asylum (§ 3 AsylG)
  • If the BFA does not give you asylum, it can give you subsidiary protection (§ 8 AsylG)
    Attention This is good. But, you can still write an appeal, because you did not get asylum. This will not affect your subsidiary protection status.
  • If the BFA does not give you asylum or subsidiary protection, you could be given a right to remain.
  • You are not given asylum, subsidiary protection or a right to remain. You will receive a return decision (“Rückkehrentscheidung”).
    Attention You and your legal adviser should write an appeal to the BVwG immediately.
    The BVwG will check the BFA’s decision.

Why does the asylum process take so long?

There are many reasons, why the asylum process takes so much time.

The most common reason is because the BFA and the BVwG have too many cases.
The BFA officers and judges have a lot of work.
This is why everybody has to wait.

If you have to wait for a long time, you can learn German during this time.

I think the BFA’s decision is wrong. Can I appeal?

Yes. Talk to your legal adviser immediately.
They will write an appeal with you.

The BVwG will then decide on your appeal.
You will be invited to a hearing.
You will receive the invitation by post.

At the hearing, you tell the judge your story again.

Talk to your legal adviser. They will prepare for the hearing with you.

The BVwG has reviewed the BFA’s decision. I think that the BVwG’s decision is wrong. Can I appeal again?

Maybe. In some cases this is possible.
You will need a lawyer.
Talk to your legal adviser.

Who is my legal adviser?

There will be an information sheet in the BFA’s decision letter.
The information sheet is called “Verfahrensanordnung”.
This tells you who your legal adviser is.
You will either have to go to Verein Menschenrechte Österreich or to ARGE Rechtsberatung (Diakonie and Volkshilfe).
Have you received your information sheet? Go to your legal adviser immediately!

In addition, you can get free legal advice here:

I have received a return decision. What is it?

Austria can tell you to go back to your country of origin!

This is called a return decision (“Rückkehrentscheidung”).
If you receive a return decision, it will come by post.

You will receive a return decision, if you are not given asylum, subsidiary protection or a right to remain.
Attention: You can appeal the decision. Once you lost your right to appeal, you will need to comply with the return decision.

I have received a decision letter from BFA. When do I lose my right to appeal?

You can no longer appeal the decision when:

  • the time limit for appeal is over.
    You can appeal a BFA decision if you bring your appeal in time. If the time limit has run out, you cannot appeal anymore.
    The time limit for appeal is written at the end of the decision letter.

Attention When you receive the decision letter, write down the date on which you received it. This date is important.

What if you did not receive the decision letter personally?
Check your post box every day for a yellow piece of paper.
Write down the date when you received the yellow piece of paper.
The yellow piece of paper means that you can pick up the BFA decision letter from the nearest post office.
Keep the envelope and the decision letter!
Take it with you to your next meeting with your legal adviser.

The appeal time limit starts on the first day you can collect the BFA decision letter from the post office.

Be careful: If you collect the BFA decision letter later, the appeal time limit will not be extended. Go to the post office immediately and collect the BFA decision letter!

You also lose your right to appeal when:

  • you waive your right to appeal.
    This means, you have officially signed that you do not want to appeal against the decision.
  • you withdraw your appeal.
    This means you appealed against a decision, but later decided to cancel your appeal.

I have received a return decision. I can’t appeal any more. What happens now?

You must leave Austria.

→ You can leave Austria voluntarily.
Usually, you have 14 days to leave. Austria can help you with your journey.

For example: Austria can pay for your plane ticket.

This kind of help is called “return assistance”.
You can receive more information. Ask for return counselling (“Rückkehrberatung”).

→ You are not willing to leave Austria voluntarily:

You can be forced to leave Austria by deportation.
In some cases, you can be held in detention, prior to being deported.

Family

I have applied for asylum. Now, I am waiting for the decision. Can I bring my family to Austria?

No. You cannot bring your family to Austria before you have received a final decision on your asylum application,
If you have family, tell the BFA. Tell them where your family lives as well.

If you do not tell the BFA about your family, you can have problems later on when they want to join you.
You should also tell the BFA, if somebody in your family is in another country in Europe.

I have been given asylum and I am younger than 18. Can my parents or brothers and sisters come to Austria?

Your parents can come to Austria.
Your brothers and sisters can come to Austria, but they must be under 18  and unmarried.
Your parents, brothers and sisters must go to an Austrian embassy.

They have to apply for family reunification there.
They can apply for this as soon as you are given asylum.

I have been given asylum and I am older than 18. Can my parents or brothers and sisters join me?

No. Unfortunately, your parents and your brothers and sisters cannot join you in Austria.

I have been given asylum and I am older than 18. Can my wife or husband and my children come to Austria?

Yes. Your wife or your husband and your children can come to Austria.
Your children must be younger than 18 and unmarried.

They must go to an Austrian embassy.
They have to apply for family reunification there.

Attention You must have been married before you came Austria.

Attention It is important that you apply for family reunification as soon as possible.
Once you have been given asylum, tell your family to go to an Austrian embassy right away!
Your family should apply to join you in Austria as soon as possible. It is best if they apply within 3 months of you being given asylum. If it is more than 3 months since you were given asylum, it will be more difficult for your family to join you.

You have to meet more criteria.
You will need:

  • A house or apartment, with enough space for all of you
  • health insurance and
  • enough income, including

€1,400 for you and your husband or wife; €140 for each child; and money for your rent.

The Rotes Kreuz  or the Verein EHE OHNE GRENZEN can help you to bring your family to Austria.

I have been given subsidiary protection. Can my family join me?

Your family cannot join you immediately. They have to wait for 3 years.
The three years start when you receive the BFA’s decision letter (”Bescheid”).

  • I was under 15 when I received the BFA’s decision letter. Three years have passed. I am still under 18.
    Can my parents or brothers and sisters come to Austria?

    • Yes.
      Your parents and your brothers and sisters can come to Austria.
      Your brothers and sisters have to be under 18 and unmarried.Your parents and brothers and sisters must go to an Austrian embassy.

      They have to apply for family reunification there.

  • I was over 15 when I received the BFA decision letter. Three years have passed. I am now over 18.
    Can my parents and brothers and sisters join me in Austria?

      • No. Your parents and brothers and sisters cannot join you in Austria.
        They have to make their own applications for asylum or come to Austria some other way.

    Can my wife or husband and children join me?

    • Yes.
      Your wife or husband and your children can come to Austria.Your children must be under 18 and unmarried.

      Your husband or wife and your children must go to the Austrian embassy.
      They have to apply for family reunification there.

Attention You must have been married before you came to Austria.

Attention If you have been given subsidiary protection and you want your family to join you, you will need to meet more criteria.

You will need:

  • a house or an apartment, with enough space for all of you;

The Rotes Kreuz  or the Verein EHE OHNE GRENZEN can help you to bring your family to Austria.

Can my fiancé or fiancée join me?

No. Unfortunately, your fiancé or fiancée cannot join you in Austria. They will have to make their own application for asylum or come to Austria some other way.

School, education and training

What is compulsory education?

All children and teenagers in Austria attend school for 9 years.

This is called compulsory education.
Children and teenagers must go to school until they are 15.
After 9 years of school, compulsory education is finished.

If you are older than 15, you do not have to go to school in Austria. You do not have a right to attend school.

I am older than 15. What can I do?

In Vienna, you can do a basic education course.

In this course, you will learn German.
You will also practice reading, writing, maths and other things.
After your basic education course, you will take an exam.

The goal is for you to have the same knowledge as someone who went to school in Austria for 9 years. This is a big exam.

Educational institutions will help you to prepare for this exam.

After the exam, you can do vocational training. You can also continue going to school.
Here you you can find more information about educational institutions.
Here you can find an overview of the Austrian educational system.

Did you finish school or did you study at university in your home country?

The educational institutions in Austria will advise you on the possibilities for continuing your education.

Even if you have not yet received a final decision on your asylum application yet, you can already study at an Austrian university.

Here you can find more information on studying at the University of Vienna.

Here you can find more information about other universities in Austria.

Which educational institutions are there?

Here you can find a list of educational institutions.

In Vienna, there are for example:

What is vocational training (apprenticeship)?

Vocational training helps you to learn a certain profession. You can do an apprenticeship, such as hair dresser, optometrist, cook, baker.

I have a white card. Can I start vocational training (“apprenticeship”)?

There are several criteria. You must have passed the admission procedure of the asylum process; you must have been waiting for 3 months since passing the admission procedure;

you must be younger than 25; and you will need to find an apprenticeship. If you find one, you are an apprentice.

You can only start an apprenticeship in Austria when there are not enough apprentices for a certain profession.
The Government publishes lists of professions where there are not enough people. The lists are called “Mangelberufsliste” and “Fachkräfteverordnung”.
These lists tell you which apprenticeships are open.

Here you can find more information about apprenticeships here: Public Employment Service Austria (AMS)

Where can I learn German in Vienna for free?

Last update: 08.06.2017