impact of separation on Austrian visa status
July 20, 2012 5:40 PM Subscribe
I have a sister about to go through a separation and likely divorce while in a foreign country. Would appreciate any comments/advice on the impact of the separation on the visa of the dependent husband, and how to prevent the husband taking the child out of country.
posted by anonymous to Law & Government (5 answers total)
So - you guys are not our lawyers, etc. Sadly, lawyers will need be involved at some point soonish. Just looking for general advice, comments or resources.
My sister (unaware of this post) is separating from her husband - they are both foreign nationals (from the same country of origin) in Vienna, Austria. They have a 10 year daughter.
Their Austrian visas derive from my sisters employment status. He has the right to work under that spousal visa but usually doesn't as he has significant health issues. He is her dependent, both in financial and visa terms. The visa has recently been renewed for another 5(?) years.
Once they separate, what happens to his visa status? He is refusing to leave Austria but will be moving out of the marital home. As the sole breadwinner, she will have to support him for some period of time.
I am also concerned that he may attempt to take their daughter out of country (although he does not have control of the daughter's passport). He has stated that he wants to take her with him at Christmas to their country of origin. I think this is a very bad idea until everything is sorted out. He is already undermining my sister to their daughter, so I fear that this is heading in a nasty direction. His anger issues are a key component of the marriage breakdown.
Anybody familiar with Austrian visa rules, and/or Austrian or international law in these respects?