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Austrian Wedding Details

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ejw4h9
Junior Member
Posts: 65
Joined: Sat Mar 21, 2009 3:46 am
Location: Austria

Austrian Wedding Details

Post by ejw4h9 » Mon Jul 27, 2009 1:37 pm

Hi all! I'm an American citizen engaged to an Austrian citizen and currently we're in Austria. I entered through the Visa Waiver Program as a tourist. Under the program, I can switch my visa status once we're married. I've gotten a lot of information here and the Austrian government gave us some information in regards to wedding procedure, so I think we have a good grasp of that process. However, our wedding date isn't until May and I entered in June, so I'd have to leave in September. I haven't found anything about any sort of "fiance" visa, or anything else that would pertain to allowing me to stay legally until my wedding. Is there anything I can apply for so I don't have to return home for a few months? Thanks in advance!

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Mon Jul 27, 2009 2:36 pm

Austria doesn't have fiance visa. A switch of status is not so simple as you may think. You can legally stay only up to 90 days as a 'tourist'. If your application for a residence title has not been processed within this time you would have to leave again and wait for the outcome outside of Schengen. (I heard that under old bilateral agreements with the US you would just need to leave the Schengen area for 1 day but I am not sure how the border authorities would see this. Schengen rules allow three months within a half-year. In any case you would be only allowed to stay for a maximum of 180 days/year). As far as I know

If you want to stay longer you will have to see if you can apply for a residence permit in your own name. Your relationship to an Austrian national won't help you until married. I can only refer you once again to http://www.auslaender.at/forum/ where this kind of question is a FAQ.

ejw4h9
Junior Member
Posts: 65
Joined: Sat Mar 21, 2009 3:46 am
Location: Austria

Post by ejw4h9 » Mon Jul 27, 2009 2:57 pm

Thanks again for your quick response, 86. Unfortunately, this is what I was afraid of. I've looked over the residency permits that Austria allows, and it seems that each of them have a very specific set of criteria that must be strictly followed. Even the American embassy says that it's rather difficult to gain residency on your own merit. I'm going to have a proper look at the forum that you sent me (thanks again), and I'll have my fiance read through the parts that I don't quite get.

I'm currently finishing my studies online from my home university, but I'm going to further investigate the possibility of enrolling in an Austrian university and applying for a student visa. Does this sound plausible? Thanks!

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Mon Jul 27, 2009 3:21 pm

Student visa may be possible but you will have to act quickly. I believe enrollment starts soon and authorities may be slow.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 9:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Jul 27, 2009 4:52 pm

When and where are you planning to get married?

ejw4h9
Junior Member
Posts: 65
Joined: Sat Mar 21, 2009 3:46 am
Location: Austria

Post by ejw4h9 » Mon Jul 27, 2009 5:08 pm

We'll be getting married in a town just north of Graz on May 29th.

ejw4h9
Junior Member
Posts: 65
Joined: Sat Mar 21, 2009 3:46 am
Location: Austria

Post by ejw4h9 » Tue Jul 28, 2009 7:17 am

Out of curiosity, would any change of status have to be completed before the 90 days are up? If we were to have our official wedding before the 90 days are up, would everything have to be approved with the remaining time left for my tourist visa? It seems like a stretch to assume that they would expect you to have enough time in the best of circumstances (i.e. one got married the day that they arrived, this only allow 3 months to deal with government bureaucracy). Don't you have to send in your passport as well?

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Tue Jul 28, 2009 7:57 am

The authorities have up to 6 months to finalize an application as far as I know. If they don't before the first 90 days you'll have to leave as I said earlier.

Applications have to be made in person. You should get your documents back immediately.

ejw4h9
Junior Member
Posts: 65
Joined: Sat Mar 21, 2009 3:46 am
Location: Austria

Post by ejw4h9 » Tue Jul 28, 2009 11:35 am

86 -
I must say that you're a wealth of knowledge and I sincerely appreciate the help you've offered. I suppose I should also applaud the efforts of the Austrian government for making sure that everyone follows the rules. Well, back to the drawing board I suppose.

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