How to prepare a declaration of liability by several persons under the NAG: permit, documents, income, certification and internal recourse.
A declaration of liability by several persons must be prepared carefully before certification. The signatories are not merely making a joint promise of support. Under section 2(6) NAG, each liable person may be responsible for the full amount jointly and severally.
Before the first binding step, the planned residence permit, the identity of everyone involved, their financial capacity and the documentary record must fit together. A private agreement on dividing costs does not change liability towards a public body.
This article deals only with preparing a declaration of liability involving several persons. It focuses on the questions to clarify, each signatory’s documents, the joint file, the certification appointment and a possible internal recourse agreement.
First organise the residence purpose, the people involved and the shared financial starting position.
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First identify the specific residence purpose and legal basis. Section 11(6) NAG requires the possibility of evidencing certain requirements with a declaration of liability to be expressly provided for by the relevant residence purpose.
First record that several persons may be liable for the full amount jointly and severally under section 2(6) NAG. An internal agreement can organise contributions, recourse and information, but it does not remove external liability towards a public body.
For each liable person, organise identity evidence, income documents, housing costs and other recurring liabilities. Then compare names, addresses, family connection, residence purpose and period with the applicant’s documents.
Each liable person’s income and recurring liabilities must be understandable. Collect current payslips or pension records, bank statements, tax documents and evidence of rent, loans, enforcement deductions or maintenance where relevant to the assessment.
Compare passports, registration records, financial documents and the information about the applicant. Name changes, different spellings or several addresses should be explained briefly and connected to the relevant civil status or registration document.
Section 2(6) NAG expressly addresses this situation. For an application for a residence permit, generally only one declaration of liability may be submitted. If several people appear as liable persons in it, each is responsible for the full amount jointly and severally.
This means that the authority or competent public body does not have to claim equal shares from everyone first. Each liable person may be pursued for the whole amount. The signatories can then settle the division between themselves.
Our article on means of support in NAG proceedings explains the general financial assessment. This article covers the additional preparation required when several people are involved.
Before collecting documents, it must be clear for whom the declaration is given and which residence permit is planned. A declaration is not a general document for every type of stay. Section 11(6) NAG requires its use for the particular residence purpose to be expressly permitted.
Prepare a short overview with the applicant’s full name, date of birth, nationality, planned permit, intended duration and relationship to the signatories. In family cases, add the relevant civil status documents.
The article on documents, certificates and translations in NAG applications helps structure the file. The documents and deadlines topic page supports the timing of the preparation.
Each liable person should have a separate document section. It should contain valid identity evidence, current address, information on marital status and the documents showing the financial position. Separating the sections prevents income evidence or liabilities from being assigned to the wrong person.
For employees, an employment contract and current payslips may be relevant. For self-employed persons, tax records, income summaries and evidence of available funds may be needed. Pensions, maintenance and other income should be documented by source and regularity.
Rent, loans, enforcement deductions, maintenance and other recurring expenses should also be recorded. Section 11(5) NAG provides a specific calculation for capacity where means are evidenced by a declaration of liability. The authority must therefore be able to assess the current financial position from understandable documents.
After the individual sections, compare the entire file. Names, dates of birth, addresses, family connection, residence purpose and period should describe the same situation throughout. Differences are not necessarily decisive, but they must be explained and connected to a document.
Take particular care with different spellings, former names and several addresses. A short note may be sufficient if it clearly explains the difference and identifies the relevant civil status or registration document. Translations must match names and dates in the original.
The applicant should also be described consistently in the declaration and in the identity and residence documents. Section 19(2) NAG focuses on documents and evidence that allow identity and the material facts to be established clearly.
Under section 2(1)(15) NAG, the declaration must be certified by an Austrian notary or a domestic court. Before the appointment, every signatory should know the proposed text, the residence permit and the scope of the declaration.
Bring identity documents, the information needed for the declaration and the organised financial file. If one person is to be represented by another or a document comes from abroad, clarify this in advance. The appointment should not be the first time the signatories see the complete text.
The statutory minimum duration is five years. It is not automatically the same as the duration of a particular residence card. Consider both the current application and foreseeable financial or household changes during the full period.
An internal agreement can state which share the signatories intend to bear between themselves. It can also regulate who records payments, how information is shared and when recourse may be requested. Towards a public body, it does not replace or reduce the statutory liability of each signatory.
The agreement should identify the people, the residence permit, the reason for the declaration, the intended division and the handling of changes. With unequal incomes, a percentage split may appear appropriate. Even then, the document should state clearly that external liability remains unaffected.
Keep the agreement separately from the certified declaration and give every signatory a complete copy. A written arrangement provides a better basis for cooperation, but it does not replace checking the statutory requirements beforehand.
No. Where several persons appear as liable persons in a declaration, section 2(6) NAG makes each responsible for the full amount jointly and severally. An internal division does not change external liability.
Each person should organise identity evidence, address details, income documents and evidence of regular liabilities. The documents should be current and fit the applicant’s details and the planned residence permit.
No. An internal agreement can regulate contributions and recourse between the signatories. It does not remove statutory external liability towards a public body.
Yes. The specific residence purpose is a central preliminary question. Under section 11(6) NAG, use of a declaration of liability must be expressly provided for by the relevant residence purpose.
Section 2(1)(15) NAG requires a validity period of at least five years. This minimum does not automatically end when a residence card with a shorter duration expires.
Assess income, rent and recurring liabilities in NAG cases.
Organise the application file by evidentiary issue.
Prepare evidence, supplements and procedure steps clearly.
Collect the key documents for a first residence permit.