Maintenance Not Tied to EU Residency Status

Mar 5, 2026 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with assessing whether third-country nationals under the age of eighteen relinquish their entitlement to advance maintenance payments upon obtaining a permanent EU residence permit following the granting of asylum status.

In the case at hand, refugee status was initially granted to both the children and their mother. The father was obligated to provide monthly maintenance payments; however, following his imprisonment, requests were submitted for government advances on maintenance (Unterhaltsvorschuss), subsequently leading to applications for ongoing title advances. The federal government argued that the issuance of a permanent residence-EU permit effectively terminates refugee status. As a result, eligibility under the Austrian Maintenance Advance Act (Unterhaltsvorschussgesetz, hereinafter UVG) —which is limited to Austrian citizens or stateless individuals—was deemed no longer applicable.

Refugee status does not change with permanent residence

The Supreme Court (OGH) has determined that the issuance of a permanent residence-EU permit does not nullify prior refugee status. Such a residence permit does not serve as grounds for revocation under either the Austrian Asylum Act or the Status Directive. In this particular matter, the permit was explicitly granted on the basis of existing refugee status. Accordingly, unless international protection is rescinded by a definitive decision, individuals maintain parity with Austrian citizens in accordance with Section 2(1) of the UVG.

Long-term residents receive equitable treatment

Individuals granted a permanent residence-EU permit, irrespective of their ongoing refugee status, are generally entitled to the same social security treatment as EU nationals, pursuant to the Directive concerning long-term residents.

A maintenance advance is regarded as a core entitlement, designed to safeguard the welfare of children by fulfilling their basic requirements, such as housing, nutrition, clothing, education, and healthcare. This benefit will be granted to long-term residents under the same conditions as Austrian citizens.

Eligibility is based on both continuous refugee status and the legal classification as a long-term resident; consequently, individual reasons for seeking asylum are not relevant. The granting of an 'EU long-term residence' permit does not modify the criteria for qualifying for advance maintenance payments.

OGH 10 Ob 68/25k ( 9 December 2025)