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LIVING IN AUSTRIA

What are the rules in Austria for registered partnerships?

A registered partnership is an alternative option for couples that don’t want to get married but do want their union to be legally recognised. How does it work in Austria?

Published: 26 November 2021 14:01 CET
Updated: 26 September 2023 15:04 CEST
A couple pictured reading.
Registered partnerships are legal in Austria. Photo credit Alex Halada/AFP.

In many ways, Austria is a traditional country with a strong focus on marriage and raising a family.

But for committed couples that don’t want to get married, there is the alternative option of a civil partnership referred to as a “registered partnership” in Austria.

Here’s what you need to know about entering into a registered partnership in Austria and what it means for immigration.

What is a registered partnership?

A registered partnership is a legally recognised union between two people. 

It represents a permanent partnership with similar rights to marriage, including the obligation to live together, a duty to financially support each other and inheritance laws.

The only difference between the two types of relationship is a registered partnership can be dissolved after three years, whereas a marriage can only be dissolved after six years.

READ MORE: The pros and cons of obtaining Austrian citizenship

In Austria, registered partnerships (sometimes referred to as civil partnerships) were first introduced in 2010 for same-sex couples.

Then, in 2019, both same-sex and opposite-sex couples were granted the right to choose between marriage or a registered partnership.

Couples must notify a registry office in advance of their intention to enter into a registered partnership in Austria.

What does this mean for people wanting to join a partner in Austria?

Both registered partners and spouses of Austrian or EU citizens are considered as family members by Austrian immigration law and have the right to join a partner in Austria.

This applies to both EU and third-country nationals.

The main difference between the two groups is that third-country nationals have to go through immigration to obtain residency as a family member, which includes a commitment to learn German up to Level A2 within two years. 

FOR MEMBERS: Austria: Just how good does your German have to be to gain residency and citizenship?

EU citizens do not have to apply through immigration due to freedom of movement laws within the bloc and so German language skills are not a requirement of residency (although they are recommended). 

However, both EU citizens and third-country nationals have to submit a residence registration form (Meldezettel) within three days of moving into their new home. This is a legal requirement for everyone living in Austria as part of the 1991 Registration Act. 

Then, after five years of continuous residence in Austria, both EU citizens and third-country nationals can apply for permanent residence.

Is a civil partnership in Austria recognised in other EU countries?

In most EU countries, registered partnerships or civil unions are recognised, which means immigration to another EU country is possible as a couple.

The only places in the EU that don’t recognise registered partnerships are Bulgaria, Latvia, Lithuania, Poland, Romania and Slovakia.

However, within these countries a registered partnership is then considered as a “duly attested long-term relationship”, which means residence as a couple is still possible.

Useful websites

Your Europe

Austrian Federal Government

City of Vienna

Ministry for European and International Affairs

 

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For members

RENTING

Can I get out of a rental contract in Austria?

Have you viewed an apartment in Vienna o elsewhere in Austria and hastily signed a contract? Don't you like the apartment after all? These are your withdrawal rights in Austria.

Published: 23 April 2024 17:24 CEST
Can I get out of a rental contract in Austria?

In Austria, the rental market is highly competitive, with apartments often staying on rental platforms for short periods due to high demand and limited supply. This, coupled with brief apartment visits (sometimes with other prospective tenants) and the pressure to secure a place, can lead to hasty contract signings. 

Understanding your withdrawal rights is essential in such a market.

READ ALSO: Renting in Austria – The key things foreign residents need to know

If you signed a rental contract and then realised you don’t want the place, you might feel stuck in your contract. Austria does have really strict rules on contracts, so that “anyone who signs a rental offer makes a binding declaration that they wish to rent the apartment at a certain rate”, Austria’s Tenants Association says.

The real estate agent will also remind you that you cannot leave your contract, as you signed a contractual agreement (“verbindliches Angebot“, which means a binding offer). But what exactly are your rights then?

It’s all about timing

Basically it’s very tricky and almost impossible to back out after signing a rental contact in Austria.

According to Austria’s Chamber of Labour (AK), Austrian law is on your side – but only in a particular case. 

Under a consumer law that applies to all types of contracts, including rental agreements, you are protected against potential pressure from real estate agents and property owners. If you view an apartment and sign an agreement on the same day, you have the right to withdraw from the contract within the week. Furthermore, if the estate agent fails to inform you of your right to cancel, you can withdraw from the contract within one month.

READ ALSO: Shopping in Austria – What are your consumer rights when purchasing goods?

The Tenants Association is more critical and explains that withdrawal is only possible within the “narrow” limits of the Consumer Protection Act. “If you as a consumer submit your contractual declaration on the same day that you viewed the apartment for the first time, you can withdraw from your contractual declaration in writing within one week.”

If the offer was not signed on the day of the very first viewing, though, there is no right of withdrawal in Austria.

READ ALSO: Tenant or landlord – Who pays which costs in Austria?

If you have the right to do so, the most effective way to withdraw from a rental contract is to do it in writing, preferably by a registered letter, as explained by the Austrian Chamber of Labour (AK). This not only provides a clear record of your intent but also empowers you to navigate the legal aspects of the process with confidence. 

If you signed the offer after the viewing, you don’t have the right to withdraw from the contract you signed. In that case, you could ask for a mutual agreement termination, seeking an amicable termination option with the landlord. Otherwise, you’d be bound by the contract, which in Austria usually means you’d have to stay for one year in the apartment and give three months’ notice before leaving.

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