Country-wide policy
A Yearly Ordinance Rations Five Kinds of Permit, and the One for 2025 Arrived Thirteen Days Before the Year Ended
Austria rations settlement by number. Section 13 of the Niederlassungs- und Aufenthaltsgesetz obliges the federal government to make an ordinance for each calendar year setting how many of five kinds of residence title may be granted, broken down by Land and by category; section 12 then forbids granting one of those titles unless a place assigned from the year's register is free, and requires an application made once the places are gone to be rejected without further procedure. The five categories are family reunification with a third-country national, family of people under section 46a, change of purpose from a dependant's permit to a Rot-Weiss-Rot Karte plus, settlement without gainful activity, and holders of another Member State's long-term residence permit. The most recent such ordinance in the authentic Bundesgesetzblatt is the Niederlassungsverordnung 2025, promulgated on 18 December 2025, which sets the quota for the year 2025 and took effect at the end of the day it was published.
Topics it changes
- Residency on passive income
- Residency as a retiree
- Residency through marriage
- Residency through investment
What it requires
- A free quota place in the Niederlassungsverordnung for the year, for any of the five categories section 13(2) lists
At a glance
- Titles that are rationed
- Five categories named in NAG § 13 Abs. 2
NAG § 12 Abs. 1 Z 1 lists the sections: §§ 44 Abs. 1, 46 Abs. 1 Z 2, Abs. 4 and 5, 46a, 47 Abs. 4 and 49 Abs. 1 and 4.
- Effect of exhaustion
- The application is rejected without further procedure
NAG § 12 Abs. 4, with an exception for family reunification under § 46 Abs. 1 Z 2 or Abs. 4 or § 46a, where the application is held rather than rejected.
- National ceiling for 2025
- 5 616 quota-bound residence titles
Niederlassungsverordnung 2025 § 1.
- Vienna's share for 2025
- 2 865, of which 130 for settlement without gainful activity
Niederlassungsverordnung 2025 § 2 Abs. 9 and Z 2.
- When the 2025 ordinance took effect
- At the end of 18 December 2025
Niederlassungsverordnung 2025 § 3, read with the promulgation date on the face of BGBl. II Nr. 309/2025.
- A 2026 ordinance
- Not among the 23 documents a title search of the authentic Bundesgesetzblatt returns for "Niederlassungsverordnung"
The search was made on 10 October 2026 over the authentic Bundesgesetzblatt collection from 2004 onwards; the newest entry is BGBl. II Nr. 309/2025.
What the lateness means for an applicant
The Act makes the quota a condition of the grant rather than of the application, and requires an application to be rejected outright once the year's places are gone. An ordinance promulgated on 18 December leaves thirteen days of its own year in which the places it creates can be assigned. Nothing in the Act says what happens to the categories it rations during the months of a year for which no ordinance has yet been made, and we have not read a decision of a court or a circular of the Ministry on the point.
What the law says
«Die Bundesregierung erlässt über Vorschlag des Bundesministers für Inneres im Einvernehmen mit dem Hauptausschuss des Nationalrates eine Verordnung, mit der für jeweils ein Kalenderjahr die Anzahl der Aufenthaltstitel gemäß §§ 44 Abs. 1, 46 Abs. 1 Z 2, Abs. 4 und 5, 46a, 47 Abs. 4 und 49 Abs. 1 und 4 festgelegt wird (Niederlassungsverordnung).»The duty to make the ordinance, for one calendar year at a time, with the agreement of the main committee of the Nationalrat.
Read it at the sourceAbout this source
Austria's consolidated federal law, served from ris.bka.gv.at at two stable address forms. A whole law is GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=<n>, and a single provision is NormDokument.wxe with the same Gesetzesnummer plus &Paragraf=<n>. The whole-law page prints its own date on its face as "Fassung vom <dd.mm.yyyy>", generated on request, so the consolidation date is whatever day you read it; the single-provision page says "tagesaktuelle Fassung" instead and adds the list of every earlier version of that provision with the amending BGBl number. Each law's front matter lists every amending act in order. There is a companion OGD search interface at data.bka.gv.at/ris/api/v2.6/Bundesrecht which returns the Gesetzesnummer for a title and is how an instrument is located rather than guessed at.
Standing: Maintains the text in force
Cannot be cited for: The consolidations are unofficial: the authentic text is the one published in the Bundesgesetzblatt, and for that the BgblAuth collection is the source, not this one. Every provision is rendered twice on the same page - once with its abbreviations ("§ 53 Abs. 2 Z 5") and once with them spelled out ("Paragraph 53, Absatz 2, Ziffer 5,") - which is an accessibility rendering and not a drafting feature, so a quotation that spans the join will contain the same sentence twice and a quotation must be taken from one rendering. Numbered list items carry the same doubling ("- 1. Ziffer eins"), so a quotation crossing an item boundary carries that furniture with it. It may not be cited for Land law at all: the nine Laender publish separately, and naturalisation fees and much of what a resident actually meets are Land matters. It carries no case law; that is a different RIS application (Judikatur) not read here. A Verordnung is only here if it is in force today - a Gesetzesnummer whose ordinance has expired answers GeltendeFassung with a 404, which looks exactly like an address that never existed.
We re-read it every 60 days. More about this source
«Unbeschadet der sonstigen Voraussetzungen für die Erteilung des Aufenthaltstitels darf ein solcher nur dann erteilt werden, wenn ein aus dem Register nach Abs. 2 zugeordneter Quotenplatz zur Verfügung steht.»The quota bites on the grant. A place has to be free at that moment, not at the moment of applying.
Read it at the sourceAbout this source
Austria's consolidated federal law, served from ris.bka.gv.at at two stable address forms. A whole law is GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=<n>, and a single provision is NormDokument.wxe with the same Gesetzesnummer plus &Paragraf=<n>. The whole-law page prints its own date on its face as "Fassung vom <dd.mm.yyyy>", generated on request, so the consolidation date is whatever day you read it; the single-provision page says "tagesaktuelle Fassung" instead and adds the list of every earlier version of that provision with the amending BGBl number. Each law's front matter lists every amending act in order. There is a companion OGD search interface at data.bka.gv.at/ris/api/v2.6/Bundesrecht which returns the Gesetzesnummer for a title and is how an instrument is located rather than guessed at.
Standing: Maintains the text in force
Cannot be cited for: The consolidations are unofficial: the authentic text is the one published in the Bundesgesetzblatt, and for that the BgblAuth collection is the source, not this one. Every provision is rendered twice on the same page - once with its abbreviations ("§ 53 Abs. 2 Z 5") and once with them spelled out ("Paragraph 53, Absatz 2, Ziffer 5,") - which is an accessibility rendering and not a drafting feature, so a quotation that spans the join will contain the same sentence twice and a quotation must be taken from one rendering. Numbered list items carry the same doubling ("- 1. Ziffer eins"), so a quotation crossing an item boundary carries that furniture with it. It may not be cited for Land law at all: the nine Laender publish separately, and naturalisation fees and much of what a resident actually meets are Land matters. It carries no case law; that is a different RIS application (Judikatur) not read here. A Verordnung is only here if it is in force today - a Gesetzesnummer whose ordinance has expired answers GeltendeFassung with a 404, which looks exactly like an address that never existed.
We re-read it every 60 days. More about this source
«Steht zum Zeitpunkt der Antragstellung oder zum Zeitpunkt der Entscheidung über den Antrag in diesem Quotenjahr kein Quotenplatz im Register nach Abs. 2 mehr zur Verfügung, so ist – ausgenommen in Fällen der Familienzusammenführung nach § 46 Abs. 1 Z 2 oder Abs. 4 oder § 46a – der Antrag ohne weiteres Verfahren zurückzuweisen»What happens when the year's places are gone, and the one exception: family reunification cases are not thrown out.
Read it at the sourceAbout this source
Austria's consolidated federal law, served from ris.bka.gv.at at two stable address forms. A whole law is GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=<n>, and a single provision is NormDokument.wxe with the same Gesetzesnummer plus &Paragraf=<n>. The whole-law page prints its own date on its face as "Fassung vom <dd.mm.yyyy>", generated on request, so the consolidation date is whatever day you read it; the single-provision page says "tagesaktuelle Fassung" instead and adds the list of every earlier version of that provision with the amending BGBl number. Each law's front matter lists every amending act in order. There is a companion OGD search interface at data.bka.gv.at/ris/api/v2.6/Bundesrecht which returns the Gesetzesnummer for a title and is how an instrument is located rather than guessed at.
Standing: Maintains the text in force
Cannot be cited for: The consolidations are unofficial: the authentic text is the one published in the Bundesgesetzblatt, and for that the BgblAuth collection is the source, not this one. Every provision is rendered twice on the same page - once with its abbreviations ("§ 53 Abs. 2 Z 5") and once with them spelled out ("Paragraph 53, Absatz 2, Ziffer 5,") - which is an accessibility rendering and not a drafting feature, so a quotation that spans the join will contain the same sentence twice and a quotation must be taken from one rendering. Numbered list items carry the same doubling ("- 1. Ziffer eins"), so a quotation crossing an item boundary carries that furniture with it. It may not be cited for Land law at all: the nine Laender publish separately, and naturalisation fees and much of what a resident actually meets are Land matters. It carries no case law; that is a different RIS application (Judikatur) not read here. A Verordnung is only here if it is in force today - a Gesetzesnummer whose ordinance has expired answers GeltendeFassung with a 404, which looks exactly like an address that never existed.
We re-read it every 60 days. More about this source
«309. Verordnung der Bundesregierung, mit der die Anzahl der quotenpflichtigen Aufenthaltstitel für das Jahr 2025 festgelegt wird (Niederlassungsverordnung 2025 – NLV 2025)»What the ordinance is for, in its own words: the number of quota-bound residence titles for the year 2025.
Read it at the sourceAbout this source
The authentic electronic Bundesgesetzblatt, published on the same host as the consolidated collection but a different application. A document is at /Dokumente/BgblAuth/BGBLA_<year>_<part>_<number>/BGBLA_<year>_<part>_<number>.pdf, with an .html form beside it; the PDF carries the Bundeskanzleramt's electronic seal and the promulgation date on its first page. The collection is searchable by title or full text at Ergebnis.wxe?Abfrage=BgblAuth, and the result list prints BGBl number, promulgation date and short title in one table - which makes it the right place to establish that an instrument of a given name has or has not been promulgated.
Standing: Issues the instrument
Cannot be cited for: It starts in 2004. Anything older is in the scanned Bundesgesetzblatt collection, which is a different application and was not read. It is the authentic text as promulgated and carries no amendments: an ordinance read here says what it said on the day it was signed, and whether it is still in force is a question for the consolidated collection. It may not be cited for the current text of anything amended since. A search over it bounds a claim about what has been promulgated and nothing more: an absence in the result list is an absence in that collection from 2004 onwards, not in Austrian law. The PDFs use German legal abbreviations - a bare "Z" for Ziffer - which the project's fragmentation heuristic reads as broken text; the readings are intact and the one taken for Austria is cleared in reading-reviews.json.
We re-read it every 30 days. More about this source
«Im Jahr 2025 dürfen höchstens 5 616 quotenpflichtige Aufenthaltstitel gemäß § 13 Abs. 2 NAG erteilt werden.»The national ceiling.
Read it at the sourceAbout this source
The authentic electronic Bundesgesetzblatt, published on the same host as the consolidated collection but a different application. A document is at /Dokumente/BgblAuth/BGBLA_<year>_<part>_<number>/BGBLA_<year>_<part>_<number>.pdf, with an .html form beside it; the PDF carries the Bundeskanzleramt's electronic seal and the promulgation date on its first page. The collection is searchable by title or full text at Ergebnis.wxe?Abfrage=BgblAuth, and the result list prints BGBl number, promulgation date and short title in one table - which makes it the right place to establish that an instrument of a given name has or has not been promulgated.
Standing: Issues the instrument
Cannot be cited for: It starts in 2004. Anything older is in the scanned Bundesgesetzblatt collection, which is a different application and was not read. It is the authentic text as promulgated and carries no amendments: an ordinance read here says what it said on the day it was signed, and whether it is still in force is a question for the consolidated collection. It may not be cited for the current text of anything amended since. A search over it bounds a claim about what has been promulgated and nothing more: an absence in the result list is an absence in that collection from 2004 onwards, not in Austrian law. The PDFs use German legal abbreviations - a bare "Z" for Ziffer - which the project's fragmentation heuristic reads as broken text; the readings are intact and the one taken for Austria is cleared in reading-reviews.json.
We re-read it every 30 days. More about this source
«(9) Im Jahr 2025 dürfen in Wien höchstens 2 865 quotenpflichtige Aufenthaltstitel erteilt werden, hievon 1. 2 550 Aufenthaltstitel für Familienangehörige von Drittstaatsangehörigen zum Zweck der Familienzusammenführung in den Fällen des § 46 Abs. 1 Z 2 und Abs. 4 NAG (§ 13 Abs. 2 Z 1 und 2 NAG); 2. 130 Niederlassungsbewilligungen für Drittstaatsangehörige und deren Familienangehörige, die sich ohne Erwerbsabsicht auf Dauer in Österreich niederlassen dürfen (§ 13 Abs. 2 Z 4 NAG);»Vienna's allocation, and the split within it. The second line is the one a self-funded mover is competing for.
Read it at the sourceAbout this source
The authentic electronic Bundesgesetzblatt, published on the same host as the consolidated collection but a different application. A document is at /Dokumente/BgblAuth/BGBLA_<year>_<part>_<number>/BGBLA_<year>_<part>_<number>.pdf, with an .html form beside it; the PDF carries the Bundeskanzleramt's electronic seal and the promulgation date on its first page. The collection is searchable by title or full text at Ergebnis.wxe?Abfrage=BgblAuth, and the result list prints BGBl number, promulgation date and short title in one table - which makes it the right place to establish that an instrument of a given name has or has not been promulgated.
Standing: Issues the instrument
Cannot be cited for: It starts in 2004. Anything older is in the scanned Bundesgesetzblatt collection, which is a different application and was not read. It is the authentic text as promulgated and carries no amendments: an ordinance read here says what it said on the day it was signed, and whether it is still in force is a question for the consolidated collection. It may not be cited for the current text of anything amended since. A search over it bounds a claim about what has been promulgated and nothing more: an absence in the result list is an absence in that collection from 2004 onwards, not in Austrian law. The PDFs use German legal abbreviations - a bare "Z" for Ziffer - which the project's fragmentation heuristic reads as broken text; the readings are intact and the one taken for Austria is cleared in reading-reviews.json.
We re-read it every 30 days. More about this source
«§ 3. Diese Verordnung tritt mit Ablauf des Tages der Kundmachung in Kraft.»Entry into force at the end of the day of promulgation. The ordinance governing 2025 therefore began to apply on 18 December 2025.
Read it at the sourceAbout this source
The authentic electronic Bundesgesetzblatt, published on the same host as the consolidated collection but a different application. A document is at /Dokumente/BgblAuth/BGBLA_<year>_<part>_<number>/BGBLA_<year>_<part>_<number>.pdf, with an .html form beside it; the PDF carries the Bundeskanzleramt's electronic seal and the promulgation date on its first page. The collection is searchable by title or full text at Ergebnis.wxe?Abfrage=BgblAuth, and the result list prints BGBl number, promulgation date and short title in one table - which makes it the right place to establish that an instrument of a given name has or has not been promulgated.
Standing: Issues the instrument
Cannot be cited for: It starts in 2004. Anything older is in the scanned Bundesgesetzblatt collection, which is a different application and was not read. It is the authentic text as promulgated and carries no amendments: an ordinance read here says what it said on the day it was signed, and whether it is still in force is a question for the consolidated collection. It may not be cited for the current text of anything amended since. A search over it bounds a claim about what has been promulgated and nothing more: an absence in the result list is an absence in that collection from 2004 onwards, not in Austrian law. The PDFs use German legal abbreviations - a bare "Z" for Ziffer - which the project's fragmentation heuristic reads as broken text; the readings are intact and the one taken for Austria is cleared in reading-reviews.json.
We re-read it every 30 days. More about this source
«Dokument 1 bis 23 von 23 . Trefferseite: Trefferliste Datentabelle Nr. BGBl Nr. Kundmachungsdatum Kurzinformation Hauptdokument 1 BGBl. II Nr. 309/2025 18.12.2025 Niederlassungsverordnung 2025 2 BGBl. II Nr. 170/2024 28.06.2024 Niederlassungsverordnung 2024»The publisher's own index of every ordinance of this name since 2004. Twenty-three documents; the most recent is the one for 2025, promulgated in December of that year.
Read it at the sourceAbout this source
The authentic electronic Bundesgesetzblatt, published on the same host as the consolidated collection but a different application. A document is at /Dokumente/BgblAuth/BGBLA_<year>_<part>_<number>/BGBLA_<year>_<part>_<number>.pdf, with an .html form beside it; the PDF carries the Bundeskanzleramt's electronic seal and the promulgation date on its first page. The collection is searchable by title or full text at Ergebnis.wxe?Abfrage=BgblAuth, and the result list prints BGBl number, promulgation date and short title in one table - which makes it the right place to establish that an instrument of a given name has or has not been promulgated.
Standing: Issues the instrument
Cannot be cited for: It starts in 2004. Anything older is in the scanned Bundesgesetzblatt collection, which is a different application and was not read. It is the authentic text as promulgated and carries no amendments: an ordinance read here says what it said on the day it was signed, and whether it is still in force is a question for the consolidated collection. It may not be cited for the current text of anything amended since. A search over it bounds a claim about what has been promulgated and nothing more: an absence in the result list is an absence in that collection from 2004 onwards, not in Austrian law. The PDFs use German legal abbreviations - a bare "Z" for Ziffer - which the project's fragmentation heuristic reads as broken text; the readings are intact and the one taken for Austria is cleared in reading-reviews.json.
We re-read it every 30 days. More about this source
Practical notes
The numbers are per Land, not national. A category exhausted in Vienna may still have places in Burgenland, and the Niederlassungsverordnung assigns a place by reference to the applicant's residence or intended residence.
A rejection for want of a place has to state the applicant's position in the queue and the total number of applications and places, under NAG § 12 Abs. 4.