A pregnant Thai woman has been denied the right to move to Austria to live with her partner, after a court ruled that their relationship did not meet the country’s strict legal standards for residency, according to Heute.
The Lower Austria Administrative Court upheld an earlier decision by local authorities, rejecting the woman’s application for a “family member residence permit.” She had hoped to settle in Lower Austria with her Austrian partner as they prepare for the birth of their child.
The couple met online in early 2025 and built their relationship through daily communication before meeting in person in Thailand several months later. The Austrian man visited her multiple times, spending weeks with her during his holidays. Together, they traveled, stayed in hotels, and took part in family gatherings, creating what they believed was a shared life.
But for the court, these moments were not enough. Judges said the couple had failed to prove a “lasting relationship in the country of origin,” a key requirement under Austrian law. They had never lived together permanently or shared a household in Thailand. Emotional closeness, future plans, and even a child on the way, the court said, do not by themselves establish a legally recognized partnership.
Financial questions also played a role. Although the man had sent money to his partner, the court viewed these transfers as irregular gifts rather than consistent financial support. The woman had also been employed until March 2026 and was expected to return to her job after her pregnancy, suggesting she was not dependent on him.
In addition, she did not provide proof of basic German language skills at the A1 level, another requirement for residency.
With several conditions unmet, the court ruled there was no need to consider broader human rights arguments about family life. A separate appeal by the Austrian partner was dismissed on procedural grounds.
