Austrian Aliens and Asylum Law: The Key Changes in 2026
As of: 24 October 2026 · Shahbaz Jalali, Translation Office & Authority Advice
2026 brings the biggest reform of Austrian aliens and asylum law in about 20 years. This article summarises what has changed and what those affected should watch out for now.
1. Asylum and Migration Pact Adaptation Act (AMPAG) – in force since 12 June 2026
The AMPAG (Federal Law Gazette I No. 39/2026) adapted Austrian law to the EU Pact on Migration and Asylum:
- New terminology: “applicant” instead of “asylum seeker”, “refugee status” instead of “status of asylum holder”.
- Screening at the external border: identity check, biometric data, security check and a preliminary health and vulnerability assessment. The national admissibility procedure is abolished.
- Accelerated procedure (among others for applicants from countries with a recognition rate of up to 20 %): decision within 3 instead of 6 months, appeal period 10 days instead of 4 weeks.
- Detention: wider options, e.g. in case of non-cooperation or in the border procedure; flight risk and proportionality are required, and less severe measures take priority.
- Legal information instead of legal counselling before the BFA (group sessions, BBU GmbH). Free legal counselling and representation before the Federal Administrative Court remains available on request.
- New residence permit on grounds of Art. 2 or 3 ECHR for persons who may not be deported but do not receive subsidiary protection.
- Special needs of vulnerable persons are taken into account in all phases of the procedure; the Ombudsman Board monitors fundamental rights in border procedures (Vienna-Schwechat Airport).
2. Family reunification: quota system
With the amendment of the Settlement and Residence Act (NAG, Federal Law Gazette I No. 81/2026), family reunification with protection holders moves from asylum law to settlement law and is regulated by a quota system (§ 46a NAG; the BFA is responsible).
- The previous family reunification under § 35 AsylG has ceased to exist since 12 June 2026.
- The emergency ordinance stopping family reunification expired in early July 2026; pending procedures are suspended until the quota rules enter into force.
- The quotas are set in the Settlement Ordinance together with the provinces. As of early July 2026, negotiations had not yet begun.
- Experts consider the quota incompatible with the EU Family Reunification Directive.
3. Red-White-Red Card
- Highly qualified persons with a “job seeker visa” may await the procedure for a Red-White-Red Card in Austria.
- According to the Legal Information System, the amended versions of § 41 NAG and § 20d AuslBG apply from 7 August 2026.
4. Unaccompanied minors
Custody now lies by law with the child and youth welfare authority, within 15 days and without prior guardianship proceedings. In case of doubt about age, a court decides; until then the person is in principle treated as a minor.
5. Deportation of convicted foreigners
On 14 October 2026 the National Council passed an amendment to the Prison Act. From 1 November 2026, foreign offenders can be deported directly from prison after the minimum term, even against their will. Excluded are sexual offences, serious violent offences and terrorist offences. For prison sentences of up to 2 years, the start of the sentence may be postponed to complete vocational training.
6. Citizenship
The AMPAG also adapted provisions of the Citizenship Act. A larger reform (stricter German-language and values requirements) has been announced; no adopted reform law has been found so far.
What those affected should do now
- Observe deadlines precisely – especially the 10-day appeal period in the accelerated procedure.
- Read decisions and summonses completely and have them translated.
- Take duties to cooperate seriously: failure to cooperate can lead to detention.
- Before applying for family reunification, check the current status of the quota.
Note: General information, not legal advice.