Notarising a declaration of liability for an Austrian residence permit

If you want to apply for a residence permit in Austria, you may need another person to declare liability for certain costs. The Austrian Settlement and Residence Act (Niederlassungs- und Aufenthaltsgesetz, NAG) sets out various requirements and provisions that apply to residence permits in Austria. One of these provisions concerns the declaration of liability under Section 2 (1) no. 15 NAG. In this article, we explain the meaning and purpose of the declaration of liability and why it also needs to be notarially certified.

Why do I need a declaration of liability under the NAG?

The declaration of liability plays an important role in Austrian residence law. It serves as a safeguard for the territorial authorities (federal government, federal states and municipalities). Its purpose is to ensure that financial burdens that may arise in connection with the enforcement of measures under residence law are covered. The declaration of liability ensures that financial security is available to relieve the burden on public funds and minimise costs for the state.

What is a declaration of liability under the NAG?

The declaration of liability is a declaration by a liable person (the “third party”) that has been certified by an Austrian notary or an Austrian court. It must be valid for at least five years. In terms of content, the third party undertakes to pay for the accommodation and appropriate means of subsistence of the person entitled to reside in Austria. The third party also agrees to reimburse any costs that a territorial authority (a public body such as the federal government, a federal state or a municipality) may incur in connection with certain measures.

Scope of the declaration of liability

The declaration of liability is valid for at least five years. In it, the third party confirms that they will pay and be liable for all costs that the territorial authorities of the Republic of Austria incur because of the foreign national, in particular:

• Enforcement of a return decision: The declaration of liability covers the costs of necessary healthcare, accommodation and appropriate means of subsistence if comprehensive health insurance is not available. It also covers the costs of enforcing the return decision.

• Residence ban or expulsion: The declaration of liability covers the costs of necessary healthcare, accommodation and appropriate means of subsistence if comprehensive health insurance is not available. The costs of enforcing the residence ban or expulsion are also reimbursed.

• Removal: The declaration of liability covers the costs of necessary healthcare, accommodation and appropriate means of subsistence if comprehensive health insurance is not available. It also covers the costs of the removal.

• Detention pending deportation: The declaration of liability covers the costs of necessary healthcare, accommodation and appropriate means of subsistence if comprehensive health insurance is not available. It also covers the costs of enforcing detention pending deportation.

• Costs of less coercive measures: The declaration of liability covers the costs of necessary healthcare, accommodation and appropriate means of subsistence if comprehensive health insurance is not available. The costs of applying less coercive measures (alternatives to detention) are also reimbursed.

• Social assistance and basic care arrangements: The declaration of liability covers the costs of necessary healthcare, accommodation and appropriate means of subsistence if comprehensive health insurance is not available. It also covers costs relating to social assistance and to the implementation of basic care agreements under Article 15a of the Federal Constitutional Act (B-VG) that are based on federal or provincial law.

• Proof of ability to pay: An important requirement for the declaration of liability is proof of the liable person’s financial capacity at the time the declaration is made. This proof is intended to ensure that the third party is actually able to pay the costs mentioned. It is therefore necessary to submit appropriate documents proving the third party’s financial stability.

Why is a notary needed?

The declaration of liability is a declaration by a liable person (the “third party”), not by the foreign national themselves, certified by an Austrian notary or an Austrian court.

The certified declaration of liability must clearly set out the requirements mentioned above and show that the third party is demonstrably aware of its content (by signing it). The duration, the standardised content and the form are intended to make the third party aware of the liability risk and to ensure that declarations of liability are neither made lightly nor as a favour. The verification of the third party’s financial capacity ensures that the declaration is viable. Proof of the financial capacity of the person who wishes to make the declaration of liability must be available at the time the declaration is made and must remain valid throughout its term.

Responsibility and consequences

It is important to note that signing and notarising a declaration of liability is a significant commitment for the liable person (the third party). By signing, the third party agrees to take financial responsibility for the costs stated. Breaching or failing to honour the declaration of liability can have legal consequences, including the third party being required to reimburse costs.

Significance for residence authorities and territorial authorities

For residence authorities and territorial authorities, the declaration of liability provides a degree of certainty and a guarantee that the costs of certain measures under residence law are covered. At the same time, it ensures that the person entitled to reside receives adequate accommodation and means of subsistence. The declaration of liability helps ensure 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 measures under residence law are covered and helps ensure that public funds are used responsibly. If you have questions or are unsure about anything relating to the declaration of liability, it is advisable to seek guidance from specialist legal advisors or the relevant authorities. They can provide accurate and up-to-date information in line with the current legal provisions.

Do you have any questions about the declaration of liability and its notarisation? Feel free to contact us using the contact form below.

Disclaimer: This article is for information purposes only and does not constitute legal advice. Please consult a lawyer or other professional to clarify specific questions relating to the Austrian Settlement and Residence Act.