Declaration of liability under the NAG: formal requirements, five-year minimum duration, financial capacity and liability risk.
A declaration of liability in NAG proceedings is not simply a private promise of support. For certain residence permits it can support evidence of accommodation or secure means of support, while binding the liable person to substantial statutory cost exposure.
Section 2(1)(15) NAG requires a certified declaration with a validity period of at least five years. It must also make clear what the liable person undertakes to cover and that their financial capacity is evidenced at the time of the declaration.
Anyone signing should therefore identify the residence permit, the scope of the declaration, their own financial position and the possible cost consequences first. This article explains the main points and distinguishes a NAG declaration of liability from an invitation or informal promise to pay.
This check separates admissibility, form and financial capacity. It does not replace review of the specific residence permit and the complete evidence package.
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A private invitation, accommodation confirmation or informal promise does not automatically replace the declaration under section 2(1)(15) NAG. Section 11(6) NAG requires the specific residence purpose to expressly allow use of a declaration of liability.
Whether a declaration is admissible and sufficient depends on the residence purpose. Determine the permit first, then check which requirement the declaration may evidence.
The declaration must be certified by an Austrian notary or a domestic court. The liable person’s financial capacity must also be evidenced at the time of the declaration. The minimum duration is five years.
Under section 11(5) NAG, only income above the protected minimum is considered when assessing the capacity of a person providing a declaration of liability. This is a calculation rule for the evidence and not a general cap on all later costs. Rent, loans and maintenance obligations also matter.
Only one declaration of liability is generally admissible for an application. Where several people appear as liable persons in it, section 2(6) NAG makes each responsible for the full amount jointly and severally. An internal split does not change that position towards a public body.
Section 2(1)(15) NAG defines the declaration as a statement by a third person. That person undertakes to cover the requirements of accommodation and corresponding means of support. The declaration can therefore concern both housing and the means-of-support assessment.
The statutory definition also covers reimbursement claims for certain public costs. It refers, among other things, to costs connected with a return decision, a residence ban, expulsion, removal, detention or less coercive measures. Certain social assistance and basic-care costs can also fall within the definition.
The scope therefore comes from the law and the certified declaration, not from a freely worded letter. A private agreement between the parties cannot simply exclude statutory liability towards a public body.
The declaration must be certified by an Austrian notary or a domestic court. A signature without this certification does not meet the statutory form. A general declaration from another procedure should not be reused without checking its legal function.
Before the appointment, the applicant, the specific residence permit and the planned period should be clear. It should also be clear whether accommodation, means of support or both are to be covered. The wording must fit the legal basis and the application.
There is no single evidence list for every financial situation. Depending on the source of income, employment documents, current payslips, bank statements, tax records or evidence of recurring liabilities may need to be assessed. The key point is a comprehensible picture of capacity at the time of signing.
Section 2(1)(15) NAG requires a validity period of at least five years. This minimum is a statutory requirement and should not be confused with the duration of the particular residence card.
If a permit expires earlier or another permit is sought, the declaration does not automatically end on the card’s expiry date. The legal classification, the wording of the declaration and the circumstances of the case remain relevant.
A signatory should therefore look beyond the first application date. The financial development that may occur during the full validity period and foreseeable changes in the signatory’s household should also be considered.
A declaration of liability does not contain a simple fixed cost flat rate. The statutory definition relates to specific public expenditure connected with the stay or certain measures ending the stay. The risk cannot therefore be assessed solely by looking at the monthly support paid to the applicant.
Section 11(5) NAG provides a specific calculation for capacity. Where means are evidenced by a declaration of liability, only the part of income above the protected minimum is taken into account. Rent, loan payments, enforcement deductions and maintenance paid to people outside the household can further reduce available capacity.
This calculation first answers whether the signatory can support the evidence of means. It is not a general euro cap on every later claim. Income, assets, regular costs and the statutory categories of possible costs should be considered together before signing.
Section 2(6) NAG generally permits only one declaration of liability for an application. Several people may appear as liable persons in that declaration, but this does not automatically make their exposure proportionate.
Where several liable persons sign, each is responsible for the full amount jointly and severally. A public body does not have to seek equal parts from everyone first. An internal agreement on division of costs only regulates the relationship between the signatories.
This joint liability matters particularly when relatives sign together. Before certification, every person should understand that the declaration is a significant legal commitment rather than only a shared personal promise.
Section 11(6) NAG states that admissibility must be expressly provided for by the particular residence purpose. A declaration cannot be used merely because the applicant lacks income or accommodation.
The planned permit should be identified first. Then check whether the declaration may evidence the relevant requirement and which other conditions must be met alongside it. It does not replace the special requirements of a permit, health insurance or every other required document.
For the general assessment of income, rent and means, see our article on means of support in NAG proceedings. Where the case concerns an Austrian family member, the article on the Family Member permit for relatives of Austrian citizens provides the relevant distinction.
The applicant’s details, the planned permit and the relationship to the signatory should be set out in a short overview. Add the intended duration, the housing situation and whether an application or authority request already exists.
The signatory should organise income sources and recurring liabilities. This includes housing costs, loans, enforcement deductions and statutory maintenance obligations. Irregular income needs an explanation that allows the authority to assess actual capacity.
For the wider evidence package, our article on documents, certificates and translations in NAG applications provides a practical structure. The article on personal appearance in NAG proceedings helps plan the appointment.
Section 2(1)(15) NAG requires a validity period of at least five years. The minimum period does not automatically end when a particular residence card with a shorter duration expires.
No. The declaration must be certified by an Austrian notary or a domestic court. The signatory’s financial capacity must also be evidenced at the time of the declaration.
No. Section 11(6) NAG requires the specific residence purpose to expressly allow a declaration. Form, capacity and the other conditions of the particular permit must also fit.
No. Where several people appear as liable persons, section 2(6) NAG makes each responsible for the full amount jointly and severally. An internal division does not change the external liability.
Section 11(5) NAG considers only income above the protected minimum when assessing capacity. This concerns the evidence of capacity and is not a general fixed maximum for every possible cost claim.
Assess income, rent and recurring liabilities in NAG cases.
Organise certificates and evidence for a NAG application.
Check section 47 NAG and additional family evidence.
Structure the permit, conditions and application steps.