Liability declaration (Haftungserklärung) Austria: English guide and fill-in sheet (2026)
A Haftungserklärung in Austria (liability declaration) is a German form in which you promise to pay for another person’s housing and maintenance in Austria. It must be certified by an Austrian notary or court, is valid for 5 years and cannot be revoked (BMI form, status 07/2025). Austrians using the national § 47 parent route must sign one (an Austrian covered by § 57 NAG follows the EU-law residence-card route instead), and only income above the protected minimum counts.
Which situation are you in?
A Haftungserklärung is only accepted where the law provides for it (bmi.gv.at). Pick the line that fits you.
I am Austrian and want my parents here
The national § 47 route covers parents whom you, or your spouse or registered partner, actually support (§ 47 (3) Z 1 NAG). It may also be open to parents as “other relatives” under Z 3: they already received maintenance from you in the home country, lived in a household community with you there, or need your personal care for serious health reasons. If you use it, you must sign a liability declaration in any case (§ 47 NAG). If § 57 NAG covers you, the EU-law residence-card route applies instead.
Start with the fill-in guide.
I want to know if my income is enough
Of your own income, only the part above the protected minimum counts. Your parent’s own regular income, such as a pension, counts as well.
The steps are under sponsor income below.
I am not Austrian yet
Parents of non-EU residents get no family-reunification permit (parents are not core family under § 2 (1) Z 9 NAG); the NAG’s one family-reunification route for parents covers parents of a recognised refugee, or a minor with subsidiary protection, who was an unaccompanied minor when applying for protection (§ 46a (5) Z 2 and 3 NAG). Unless one of the exceptions below applies, we found no Haftungserklärung route, and your parents could only apply for a settlement permit on their own income (quota; €2,616.78 single, €4,128.24 couple (spouses or registered partners living together) a month in 2026, base amounts, more if regular costs exceed €386.43, § 11 (5) NAG; see the retirement visa page). The exceptions: if your spouse or registered partner is an Austrian living in Austria and you or your spouse or partner actually support your parents, your spouse or partner can use the § 47 route and signs the Haftungserklärung; if your spouse or partner is an EU/EEA/Swiss citizen living here under EU law and the couple actually supports your parents, the residence-card route may apply (§ 52 (1) Z 3 NAG). Naturalisation opens the § 47 route for parents you actually support.
Our Austrian citizenship guide explains that step.
I used EU free movement first
If you used an EU-law right of residence for more than 3 months in another EEA country or Switzerland and, directly after that stay, returned to Austria not merely temporarily (§ 57 NAG), your parents may need the residence card route instead.
That route is explained on parents of EU citizens.
What does the law say about the Haftungserklärung? 8 official facts
Austrian law defines the Haftungserklärung as a third party’s declaration, certified by an Austrian notary or a domestic court, that is valid for at least five years (§ 2 (1) 15 NAG). The table lists what the official sources say.
| Fact | What the source says | Source |
|---|---|---|
| Legal basis | § 2 (1) 15 NAG (Settlement and Residence Act) | RIS |
| Certification | By an Austrian notary or a domestic court | § 2 NAG, bmi.gv.at |
| Validity | At least five years in law; the BMI form states five years | BMI form, bmi.gv.at |
| Revocation | Not possible | BMI form |
| Parents of Austrians (national § 47 route) | The sponsor must sign one in any case | § 47 NAG |
| Ability to pay | Checked by the settlement authority; proof with documents | BMI form |
| Income that counts | Only the part above the protected minimum (§ 291a EO) | § 11 (5) NAG |
| False declaration | Fine of €1,000 to €5,000 | BMI form |
These are the key numbers for 2026 (official sources checked 30 October 2026). The law requires a Haftungserklärung valid for at least five years (§ 2 (1) 15 NAG); the BMI form states five years (status 07/2025). The BMI reference rate for a supported single person is €1,308.39 a month and for a couple €2,064.12 a month (bmi.gv.at, 2026; base amounts; regular costs above €386.43 a month reduce the income that counts, § 11 (5) NAG). The general basic amount of the protected minimum is €1,308 a month (Justice Ministry, 2026). The fine for signing a declaration you knew or should have known you cannot meet is €1,000 to €5,000 (BMI form, status 07/2025).
What does a Haftungserklärung mean in English?
Haftungserklärung means “liability declaration” or “declaration of liability”. A third person declares that they will pay for the requirements a foreigner must meet for a residence permit (bmi.gv.at, last update 10 February 2026). In law it is “the declaration of a third party certified by an Austrian notary or a domestic court” (§ 2 (1) 15 NAG, our translation), valid for at least five years.
By signing the BMI form you take on the three things in this table (BMI form, status 07/2025, our summary).
| Obligation | German wording on the form | In plain English |
|---|---|---|
| Housing | Erfordernisse einer Unterkunft | Your relative has somewhere to live |
| Maintenance | entsprechender Unterhaltsmittel aufkomme | You cover their living costs — and must really pay them |
| Public costs | für den Ersatz jener Kosten hafte | You repay public bodies, for example for social assistance, basic care, or enforcing a return decision, expulsion or removal |
Where the law demands it, the declaration is not optional. For parents on an Austrian sponsor’s national § 47 route, the sponsor “must in any case also submit a liability declaration” (§ 47 NAG, our translation). The full permit, the Niederlassungsbewilligung for relatives with its documents, fee and embassy steps, is covered on parents of Austrian citizens. To compare every parent route, start with can I bring my parents to Austria?
How much do you need to earn to sign a Haftungserklärung?
To sign a Haftungserklärung you need enough net income that, after your own regular costs and the protected minimum are taken off, the rest covers your relative’s needs, together with your parent’s own fixed and regular income, such as a pension, if there is any. We found no single euro figure for this in the law (§ 11 (5) NAG). The form warns that the settlement authority checks your ability to pay and that it must be proven with documents (BMI form). The calculation has four steps.
| Step | What the authority does | Official basis |
|---|---|---|
| 1. Your net income | Fixed and regular income, after tax | § 11 (5) NAG |
| 2. Minus regular costs | Rent, loans, garnishments, maintenance to people outside your household; up to €386.43 a month of such costs together (2026, the freie Station value of § 292 (3) ASVG) is disregarded once, not per item — how it is split between your costs and your parent’s is not stated, the authority decides | § 11 (5) NAG |
| 3. Minus the protected minimum | Only income above the minimum protected from seizure (§ 291a EO) counts; in 2026 its general basic amount is €1,308 a month and it rises with your income and with each person you must support | § 11 (5) NAG; Justice Ministry brochure 2026 |
| 4. Compare with the reference rate | The rest, together with your parent’s own regular income if any, must cover your relative: €1,308.39 single, €2,064.12 couple a month (2026 base; costs above €386.43 were already deducted in step 2 and do not raise this figure again, § 11 (5) NAG) | bmi.gv.at |
For two parents the BMI reference rate is the couple rate of €2,064.12 (2026 base amount). The exact protected amount depends on your income and dependants and comes from the official tables, so we do not give a single target salary. The settlement authority makes the calculation. To try your own numbers first, use the sponsor income calculator for Austria. The Interior Ministry also says accommodation costs must be taken into account when calculating the available income. Salary levels are on minimum wage and average salary in Austria, and the general income rules for permits are on family reunification.
How do you complete and certify the Haftungserklärung?
You complete a Haftungserklärung by downloading the German form from the Interior Ministry, filling it in, and signing it in front of an Austrian notary or at an Austrian court, which certifies your signature (bmi.gv.at forms). After that, work through this list.
- Fill in your own details in the “Ich” block and the details of up to three people you vouch for.
- Have the declaration certified by an Austrian notary or a domestic court before you file; ask them how the signing works.
- Collect proof of income, for example recent payslips and your employment contract.
- Collect proof of your costs, meaning the rent contract, loan statements and the maintenance you pay.
- Send the original certified declaration to your parent, who files it with the permit application (oesterreich.gv.at). As a rule a first application is filed at the Austrian embassy or consulate before entering Austria (§ 21 (1) NAG). A parent may file in Austria after lawful entry only if entitled to visa-free entry (§ 21 (2) Z 5 NAG), and even then this gives no right to stay beyond the visa-free period (§ 21 (6) NAG).
- Put the health insurance certificate into the same file, because the permit needs both.
Apostilles and translations concern your parent’s foreign documents, not this Austrian form. Details are on Austria visa documents.
Printable Haftungserklärung fill-in guide (English)
Write your answers next to each field, then print the sheet or save it as a PDF with your browser and take it to the notary with the German form. Your entries stay in your browser; this page does not save or send them. This is our own guide and not an official form, so file only the BMI form.
| German field | English | My answer |
|---|---|---|
| Block “Ich” — you, the person who signs | ||
| Familienname | Family name | |
| Vorname | First name | |
| Geburtsdatum | Date of birth | |
| Staatsangehörigkeit | Nationality | |
| Wohnadresse | Home address | |
| Beruf | Occupation | |
| erkläre, dass ich für folgende Person(en) — “declare that for the following person(s)” (up to 3) | ||
| Familienname, Vorname | Person 1: family name, first name | |
| Geburtsdatum, Staatsangehörigkeit | Person 1: date of birth, nationality | |
| Wohnadresse | Person 1: home address | |
| Familienname, Vorname | Person 2: family name, first name | |
| Geburtsdatum, Staatsangehörigkeit | Person 2: date of birth, nationality | |
| Wohnadresse | Person 2: home address | |
| Familienname, Vorname | Person 3: family name, first name | |
| Geburtsdatum, Staatsangehörigkeit | Person 3: date of birth, nationality | |
| Wohnadresse | Person 3: home address | |
| Signature block — complete at the notary or court | ||
| Ort, Datum | Place, date | |
| Unterschrift | Signature — sign only in front of the notary or court | — |
| Beglaubigung des Notars oder des Gerichts | Certification by the notary or court | — |
| Notes printed on the form (Hinweise) | ||
| Valid for five years · certified by an Austrian notary or domestic court · the authority checks your ability to pay with documents · maintenance must actually be paid · cannot be revoked · knowingly false declaration: fine of €1,000 to €5,000 | ||
Our own English field guide to the BMI form “Haftungserklärung (gemäß § 2 Abs. 1 Z 15 NAG)”, status 07/2025 (bmi.gv.at). Not an official translation.
Worked example: a Linz engineer signs for her father
Illustrative example: Amira, 41, became Austrian in 2025 and lives in Linz. Her father, 70, lives alone in Cairo and depends on the money she sends him. She downloads the BMI form, fills in the “Ich” block and her father’s details with this page’s guide, and signs it in front of a notary in Linz. She takes her last payslips, her rent contract and her car loan statement to the notary so she can answer questions and later send copies with the file.
The settlement authority will take her net salary, deduct rent and the loan (under § 11 (5) NAG, the first €386.43 a month of such costs in total is disregarded once), deduct her protected minimum and check whether the rest reaches the single reference rate of €1,308.39 a month for her father (2026 base amount). Her father files the original declaration at the Austrian embassy in Cairo together with his passport, photo, birth certificate, German certificate, proof of housing and an insurance certificate for all-risk cover that pays in Austria. Amira knows she cannot cancel the declaration, which stays valid for at least five years. What the insurance must cover is on health insurance for a residence permit. Her father’s permit is described on parents of Austrian citizens.
Declaration signed? The insurance goes in the same file
Your parent’s permit — a national residence title — needs the certified Haftungserklärung and all-risk health insurance that pays in Austria — travel cover is not enough. Check routes, waiting periods and minimum terms before the embassy appointment.
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Frequently asked questions
Where do I get a Haftungserklärung certified?
At an Austrian notary (Notar) or an Austrian court. The law defines the declaration as one “certified by an Austrian notary or a domestic court” (§ 2 (1) 15 NAG, our translation), and the BMI form repeats it. The notary or court certifies your signature. The certification fee was not on the official pages we checked — ask the notary or court beforehand.
How long is a Haftungserklärung valid?
A Haftungserklärung must be valid for at least five years in law: § 2 (1) 15 NAG requires a declaration “mit mindestens fünfjähriger Gültigkeitsdauer” (valid for at least five years). The BMI form itself says: “Diese Haftungserklärung ist für fünf Jahre gültig!” — “This liability declaration is valid for five years” (BMI form, status 07/2025). The Interior Ministry’s English page says it “must be valid for at least 5 years” (bmi.gv.at). Plan for at least five years of support, not just the first permit year.
Can I withdraw a Haftungserklärung later?
No, a signed Haftungserklärung stays binding. The form states: “Eine Haftungserklärung kann nicht widerrufen werden!” — a liability declaration cannot be revoked (BMI form). If your situation changes, you stay liable while the declaration is valid, which is at least five years. Think about job security and your own family budget before you sign.
How much do I need to earn to sign a Haftungserklärung for my parents?
We found no single published figure for the income needed to sign. The authority takes your net income, deducts regular costs such as rent, loans and maintenance you pay to others, and then counts only the part above the protected minimum under § 291a of the Enforcement Act (§ 11 (5) NAG). Up to €386.43 a month of regular costs (2026) is disregarded once in the calculation, not per cost item; the law does not say how that allowance is split between your costs and your parent’s, so the authority decides. The part of your income above the protected minimum, together with your parent’s own regular income such as a pension, if any, must cover your parent’s needs at the reference rate — €1,308.39 a month for a single person in 2026, €2,064.12 for a couple (bmi.gv.at; base amounts, which do not rise again for costs already deducted from your income). The section on sponsor income on this page shows the steps.
What happens if I sign a Haftungserklärung and cannot pay?
You stay liable: the form says maintenance must actually be paid and that you answer for costs public bodies incur, for example for social assistance or for enforcing a return decision (BMI form). If you signed although you knew or should have known you could not meet the obligation, it is an administrative offence with a fine of €1,000 to €5,000, or up to three weeks’ imprisonment if the fine cannot be collected.
Is there an English version of the Haftungserklärung form?
We found no English version of the form: the Interior Ministry publishes the form in German only (bmi.gv.at forms). You must file the German form. Our printable fill-in guide on this page translates every field so you can prepare the answers before you see the notary.
Does the Haftungserklärung replace health insurance for my parents?
No, the Haftungserklärung does not replace health insurance for your parents. The declaration is a binding undertaking to pay maintenance and housing costs; where the law allows it, it can serve as proof of those conditions (§ 11 (6) NAG), and the authority may still ask for further evidence. Health insurance is a separate condition. Each parent needs cover that “covers all risks” and pays in Austria (§ 11 (2) 3 NAG), and for this national residence title the Interior Ministry says travel insurance is “in any case not sufficient” (bmi.gv.at, our translation). Both documents go into the same permit file — see parents of Austrian citizens.
Official sources
- Interior Ministry: form “Haftungserklärung” (status 07/2025), listed on bmi.gv.at forms
- Interior Ministry: general requirements, sufficient means, liability declaration (last update 10 February 2026)
- § 2 NAG — definitions, § 11 NAG — income and insurance, § 47 NAG — relatives of Austrians (Federal Legal Information System)
- Federal Ministry of Justice: information brochure for employers on the protected minimum (Existenzminimum) 2026, status 1 January 2026
- oesterreich.gv.at: settlement permit for relatives, Interior Ministry: health insurance for residence permits
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