If you want to apply for a residence permit in Austria, you need another person to declare liability for certain cases. According to the Austrian Settlement and Residence Act (NAG), there are various requirements and provisions that apply to the residence permit in Austria. One of these provisions concerns the declaration of liability according to §2 Abs 1 Z 15 NAG. In this blog post we explain the meaning and purpose of this declaration of liability and why a notarial certification is necessary here as well.
Why do I need a declaration of liability according to the NAG?
The declaration of liability has an important role to fulfill in the context of the right of residence in Austria. It serves as a security mechanism for the local authorities (federal, state and municipal). Its purpose is to ensure that financial burdens that may arise in connection with the enforcement of residence law measures are covered.The declaration of liability ensures that financial security is available to relieve public funds and minimize costs for the state.
What is the declaration of liability according to the NAG?
The declaration of liability is a declaration of a liable person („third party“) certified by an Austrian notary or a domestic court. This declaration must have a validity period of at least five years. In terms of content, the declaration of liability includes the assurance that the third party will pay for the accommodation and corresponding means of subsistence of the person entitled to stay. In addition, the third party agrees to reimburse any costs that may be incurred by a territorial authority (a governmental unit such as the federal, state or local government) in connection with certain measures.
Scope of the declaration of liability
The declaration of liability is valid for at least five years. In this declaration, the third party confirms that it will pay and be liable for all costs incurred by the territorial authorities of the Republic of Austria as a result of the alien.
- Enforcement of a return decision: The liability statement reimburses the cost of necessary health care, housing, and related subsistence if comprehensive health insurance is not available. In addition, the costs of enforcing the return decision are covered
- Residence ban or expulsion: the declaration of liability covers the cost of necessary health care, housing and corresponding means of subsistence if comprehensive health insurance is not available. In addition, the costs of enforcing the residence ban or expulsion are reimbursed.
- Transport: the declaration of liability covers the costs of necessary health care, accommodation and corresponding means of subsistence if comprehensive health insurance is not available. In addition, the costs of deportation are covered.
- Detention pending deportation: The declaration of liability reimburses the costs for necessary health care, accommodation and corresponding means of subsistence if no comprehensive health insurance is available. Furthermore, the costs for the enforcement of the detention pending deportation are covered.
- Costs for the use of lighter means: The declaration of liability covers the costs for the necessary health care, accommodation and corresponding means of subsistence if no comprehensive health insurance is available. In addition, the costs for the use of lesser means are reimbursed.
- Social assistance and basic care arrangements: The statement of liability includes the cost of necessary health care, housing, and related means of subsistence when comprehensive health insurance is not available. In addition, costs related to social assistance and the implementation of basic care agreements pursuant to Article 15a B-VG, which are based on federal or provincial laws, are covered.
- Proof of ability to pay
An important requirement in the declaration of liability is proof of the liable person’s financial capacity at the time of the declaration. This proof is to ensure that the third party is actually in a position to pay for the costs mentioned. It is therefore necessary to submit appropriate documentation proving the financial stability of the third party.
What is the need for a notary here?
The declaration of liability is a certified declaration of a liable person („third party“),- by an Austrian notary or a domestic court – not the foreigner himself.
It is necessary, that the certified declaration of liability clearly expresses the corresponding requirements mentioned above and the demonstrable knowledge of the content by the third party (by signature). The duration, standardized content and form are aimed at making the third party aware of the liability risk and ensuring that liability declarations are neither made lightly nor as a courtesy. Therefore the verification of capacity ensures the viability of the declaration. Proof of the capacity of the person wishing to assume a declaration of liability must be available at the time the declaration is made and must be valid throughout the term of the declaration.
Responsibility and consequences
It is important to note that the signing and notarization of the declaration of liability represents a significant commitment on the part of the liable person (the third party). By agreeing, the third party agrees to assume financial responsibility for the stated costs. Legal consequences may follow for violations or failure to execute the liability statement, including requiring the third party to reimburse costs.
Significance for residence authorities and local authorities
For residence authorities and territorial authorities, the declaration of liability provides a degree of certainty and guarantee that the costs of certain measures under residence law are covered. At the same time, it ensures that the beneficiary of the right of residence receives adequate accommodation and means of subsistence. The declaration of liability ensures that public funds are used responsibly.
Conclusion
The declaration of liability plays an important role in the Austrian residence law system. It ensures that the financial aspects of residence law measures are covered. Further it helps to ensure that public funds are used responsibly. If you have questions or uncertainties regarding the declaration of liability, it is advisable to seek guidance from expert legal advisors or consult with local authorities. They can provide accurate and up-to-date information in line with the current legal provisions.
Do you have any questions regarding the declaration of liability and the notarization thereof? Feel free to write us in our contact form below.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult an attorney or a professional to clarify specific questions related to the Austrian Settlement and Residence Act.
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