Universal Periodic Review

Establish an independent residence title for women, independent of their husbands, within the framework of family reunification also in case of separation

Proponent:

Remarks to progress by Liga (last modified Apr 1, 2025):

According to the current legal situation, it is often difficult for women to retain their residence permit independently of their spouse in the event of a separation, especially if there are no cases of particular hardship. However, there are already provisions in other EU countries, such as Germany, which guarantee a spouse affected by violence an independent right of residence even after separation if violence is involved. The need to make women’s right of residence independent of marriage is increasingly seen as important to prevent abuse and dependency in relationships. In addition, such a reform could help to make it easier for women from violent marriages to access protection and support without jeopardising their residence rights.  As part of the Government Plan 2025-2029, the Federal Government is pursuing this goal through close cooperation with all stakeholders (see Government Plan 2ß025-2029: https://www.bundeskanzleramt.gv.at/bundeskanzleramt/die-bundesregierung/regierungsdokumente.html).