Family Reunification in Austria: Those Affected in a Legal Vacuum

The Ministry of the Interior, by contrast, refers to existing options in the Settlement and Residence Act (NAG). However, this, according to Farahat, in practice has "hohe Voraussetzungen" and cannot fill the gap. The ministry also points to constitutional requirements that necessitated a delayed entry into force of the quota regulation in the NAG.

In May, the National Council had decided to regulate family reunification in the future no longer in the Asylum Act but in the Settlement Ordinance. In the same month, the government adopted, with the Asylum and Migration Pact Adjustment Act (AMPAG), a quota regulation that is to be incorporated into Section 46a NAG. However, until this provision enters into force, all state governors must give their consent – a process that, according to Gahleitner-Gertz, is unlikely to be completed before late July or early August.

Positions of the Federal States

Among the federal states, attitudes differ. Lower Austria and Salzburg as well as Styria – governed in black-blue or blue-black coalitions – spoke out in favor of a zero quota. Upper Austria advocated a quota close to zero. St. Pölten's wish to push the quota "gleich auf null zu drücken, was ultimately not fulfilled "aus rechtlichen Gründen"," as the report states. Red-green Vienna wants to prevent the city in the education sector from once again "nicht wiederholt an seine Belastungsgrenzen" reaching its limits; red-green Burgenland desires an "äußerst restriktiven Zugang"; Tyrol's SPÖ deputy Philip Wohlgemuth demands a quota based on "sachlichen Bewertung der tatsächlichen Aufnahme- und Integrationskapazitäten".

The situation is complicated by the political composition of several state governments, in which the FPÖ holds key positions. FPÖ politicians are also making negotiations over the quota more difficult. Interior Minister Gerhard Karner (ÖVP) has repeatedly announced that the quota value for family reunification of persons entitled to asylum would be "very low." The restrictive course is justified by an overload of the education system, particularly in Vienna.

Political Background

According to Gahleitner-Gertz, the emergency ordinance itself had already been effectively meaningless since mid-June, because with the entry into force of the EU asylum reform in Austria on June 12, the legal basis for applications for family reunification was removed from the Asylum Act. Until the new quota regulation enters into force, pending proceedings are suspended; this also affects thousands of appeal proceedings before the Federal Administrative Court.

Against this backdrop, Asylkoordination Österreich, Diakonie, and other NGOs – including the legal expert Farahat – filed a complaint with the EU Commission against Austria's approach in the spring. They argue that the claimed state of emergency and threat to public order did not exist. Farahat points to Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private and family life.

Complaints with the EU Commission

Gahleitner-Gertz announced that, after the quota regulation enters into force, a new complaint would be filed with the EU Commission, and described the quota as an "österreichischen Sonderweg" that contradicts European legal bases. On ORF's "Pressestunde" on Sunday, Interior Minister Karner expressed confidence that an agreement would be possible "in den nächsten Monaten".

The preliminary figures from the Ministry of the Interior illustrate the impact: In the first half of 2026, only 55 persons came to Austria under family reunification, compared to around 6,000 in the first half of 2024. The quota value set for 2025 was reportedly carried over to 2026.

Figures and Processing Times

Already the previous year, Lower Austria and Styria had successfully pushed for a reduction of allocated places. An ordinance for 2025 was only sent to the federal states for comment in December – in the last month of the year that was already almost over. An integration barometer, announced in March 2025 as a benchmark, is, according to the Ministry of the Interior, still being drafted and is intended to make developments in education, the labor market, social affairs, and health visible.

Overall, it is clear: As long as the quota regulation is not in force, the situation for affected families remains precarious. The transitional provision of the legislature provides that decisions in ongoing proceedings are suspended until the new regulation enters into force. Some appeals could, after the maximum three-year waiting period expires, lead to a quota-free entry.

However, the corresponding provision has not yet entered into force, because in this matter the consent of all state governors is required. As Lukas Gahleitner-Gertz of Asylkoordination emphasized, the waiting time for those affected could be extended considerably as a result.