Asylum in Austria – FAQ

Asylum is legal protection granted by a country to someone who faces persecution in their home country. In Austria, you can apply for asylum if you are persecuted because of:

• Your race
• Your religion
• Your nationality
• Your political beliefs
• Your membership in a particular social group – including being LGBTIQ (lesbian, gay, bisexual, transgender, intersex, or queer)

We specifically help people who face persecution in their home country because of their sexual orientation or gender identity.

Persecution can include:

• Arbitrary arrests
• Violence by authorities or private individuals (when the state doesn’t protect you)
• Discrimination
• Torture or cruel treatment
• Threats of physical violence or death
• One of the main conditions for granting asylum is that you cannot get adequate protection from your home country’s authorities – either because they are unable or unwilling to protect you.

Unfortunately, no. No one can guarantee whether you will:

• Be granted asylum
• Be deported to your home country or a third country
• Be allowed to stay in Austria

  Why not? These decisions are made only by Austrian authorities after reviewing your complete case. You cannot apply for asylum before arriving in Austria (for example, by email or at an embassy).
  However, there are some indicators that can help:

• Current asylum practices for people from your country
• Recent court decisions
• The political situation in your home countryFor more detailed information about asylum practices for LGBTIQ people from your specific country, contact us directly.

The consequences vary depending on your country of origin.

Generally:

• The country granting you asylum prohibits you from returning to your home country
• Austrian authorities never inform your home country that you applied for asylum
• However, information may become known through other sources

  Possible consequences if your home country finds out:

• You may lose your citizenship
• You may face criminal prosecution
• Your relatives may face pressureFor detailed information about possible consequences in your specific country, we recommend consulting local legal advisors or human rights organizations from your home country.

What you MUST have:
Nothing! There are no mandatory documents to apply for asylum.

What can help your case:

During the asylum procedure, Austrian authorities need to verify that your story is credible. Therefore, if you can obtain evidence of persecution before arriving, it’s helpful to bring:

Evidence of persecution:

• Court or administrative decisions
• Certificates and statements
• Support letters from organizations
• Medical reports
• Photos or other documentation
  
  Important: You don’t need original documents. You can provide evidence later as photos or copies.It’s generally helpful to bring any personal documents you have:

  Identity documents:

• ID cards and passports
• Birth certificates
• Other civil status documents (e.g., name change certificates)

  Education and work:

• Diplomas and school certificates
• Work experience documents
• Language proficiency certificates

  Health:

• Medical records

  Tip: If possible in your country, having an apostille on these documents can be helpful. These documents will be useful later for education, employment, and daily life if you stay in Austria.

The amount depends on how soon you plan to apply for asylum after arriving.

If you apply shortly after arrival (most people do):

Yes, this is possible, but it’s complicated and risky.

You can apply for asylum:

• During transit at the airport (e.g., when transferring flights)
• After crossing the border (after passport control, if you have the right to enter)

  Important considerations for airport applications:

• Authorities can quickly assess your request
• They may reject it immediately if they think it lacks grounds
• In that case, you may be deported from the country immediately

If you have the right to enter Austria:

Our recommendation: It is safer and more reliable to apply for asylum after crossing the border (passing passport control) at a police station. You have more rights and guarantees this way.

If you are traveling through Austria without the right to enter:

If you wish to apply for asylum in the transit area, please:

>> Contact us in advance with:

Typically, you apply at a police station. In Vienna, there is a special department for asylum applications.

During the application:

• A translator is provided in your native language
• You can bring a legal representative (they must have power of attorney)
• You can bring a “trusted person” for support (but they cannot actively participate)

  What happens:
  A police officer collects basic information about you and a brief explanation of why you are seeking asylum.

  Important: Mention ALL reasons for persecution during this initial application:

• Sexual orientation and/or gender identity
• Political views
• Journalistic activities
• Religion
• Any other reasons

  After the application, you receive a copy of the asylum application protocol.

First, Austria determines if they are responsible for examining your application under the Regulation on asylum and migration management (AMMR – former Dublin Regulations).

What is the AMMR?

The Regulation on asylum and migration management are European rules that determine which European country is responsible for examining your asylum application.

The main criteria are:

• Which country issued your visa to enter the Schengen area
• Which country you first entered (where you crossed the Schengen border)
• Whether you previously applied for asylum in another European country

>> Scenario 1: Another country is responsible (“Green Card”) If Austria decides another European country should examine your application:

• You receive a “green card”
• Austria begins consultations with that country about transferring you
• This process can take up months
• During this time, the substantive examination of your asylum application does NOT begin

>> Scenario 2: Austria is responsible (“White Card”)If Austria is responsible (or if transfer to another country is denied or impossible):

• You receive a “white card”
• The substantive examination of your asylum application begins
• You wait for your main interview with the BFA
• Wait time: impossible to know in advance

If you have an inviting party:

If you entered on a visa that required someone to take responsibility for you, that party must fully support you until a final decision on your case.

If you can sustain yourself independently:

Some applicants have their own means and don’t need assistance.

If you need support:

You receive support through the Grundversorgung (GVS) system – basic social support that includes:

• Housing
• Food
• Medical care
• Other basic necessities (hygiene products, clothing, etc.)

Important: The GVS system varies between federal states. Living conditions may differ depending on which state you’re assigned to.The typical process:

>> Immediately after applying: You’re placed in a transit camp for a brief quarantine and medical screening (e.g., tuberculosis test)

>> After some time: You’re assigned to the GVS in one of Austria’s federal states

>> Assignment: You cannot predict which federal state you’ll be assigned to or what specific living conditions you’ll encounter. Distribution is based on availability and capacity.

Living elsewhere:

You are not required to live exclusively in the accommodation the authorities assign you. However:

• If you refuse to live there, you lose all GVS benefits
• You must then cover all expenses yourself</li>

  Changing your location: Changing from one federal state to another while staying in GVS is in some cases possible but complicated and takes time.

  What we do: We usually try to relocate our clients to Vienna, as the capital offers a safer environment and more opportunities for LGBTIQ people to socialize and integrate. However, we cannot guarantee admission to Vienna’s GVS – it requires approval from the Ministry of the Interior and the federal states.

  Freedom of movement:There are no restrictions on movement within Austria. You can travel freely.

  However, remember:

• You must return to and spend the night in your assigned GVS accommodation
• Trips abroad require special authorization from authorities

The basic social support system (GVS) includes health insurance. As an asylum seeker, you have access to:

Medical services:

• General practitioners (house doctors)
• Specialists
• Diagnostic tests
• Inpatient treatment (emergency or planned hospitalization, surgeries)
• Medications

  Language support:

• Interpreters are often provided during medical visits and hospital stays
• This ensures important medical information is accurately communicated

  Mental health:

• Since asylum seekers often experienced traumatic events, you also have access to psychological support

When can I start?

You can seek support for your gender identity immediately after submitting your asylum application. You don’t need to wait for a final decision.

Medical support for transition

If you are already taking hormones:

We help ensure your continued access to medication:

• We arrange appointments with specialized doctors (e.g., Teampraxis Breitenecker)
• We coordinate your hormone replacement therapy (HRT) continuation
• We support you in accessing your medication through the healthcare system

If you want to start hormone replacement therapy (HRT):

In Austria, to begin HRT you typically need three medical assessments:

• Psychotherapeutic assessment
• Psychiatric assessment
• Endocrinological assessment

Important exception: If you have an intersex diagnosis, you do NOT need these additional assessments for HRT.

We guide you through this process and help you access these assessments.

If you have already had gender-affirming surgery:

We help you access follow-up care, including:

• Medical supplies (e.g., dilators to maintain the vaginal canal after surgery)
• Check-ups with specialists
• Any necessary medical support

Housing & safety

We work to place you in accommodation that feels safe and comfortable for you. We ask about your preferences (e.g., living with other trans people, with cis LGBTIQ people, or in a mixed community) and advocate for suitable placement within available options.

Your privacy: We use your chosen name and pronouns in all our internal documents and adjust attendance lists to reflect your identity.

Gender identity in your asylum case

Is your gender identity relevant to your asylum application?

Yes. Gender-based persecution is recognized as grounds for asylum in Austria.

This includes:

• Persecution because you are transgender, intersex, or non-binary
• Violence or threats based on your gender identity or expression
• Discrimination that prevents you from living safely as your authentic self
• Forced medical interventions (particularly relevant for intersex people)

Legal gender recognition (Personenstandsänderung)

Can I change my legal gender and name in Austria?

Yes. After receiving a positive asylum decision or subsidiary protection, you can apply to change your legal gender marker and name.

Requirements:

To change your gender marker in official documents, you need:

>> Psychotherapeutic assessment (not older than 6 months) that confirms:

• Clear self-identification with your correct gender
• Adaptation to the external appearance of your desired gender
• High probability that your sense of gender belonging will not change

Important: A formal diagnosis (F64.0) is no longer required in Austria.

>> Birth certificate

• If you don’t have your birth certificate and cannot contact your home country, we can help you apply for a substitute document (Nachbeurkundung) through Vienna’s registry office3. Valid ID and positive asylum decision (or subsidiary protection)

Yes. Austria provides comprehensive support for HIV treatment and prevention.

Testing for STIs (Sexually Transmitted Infections):

What we offer:
Together with AIDS Hilfe Wien, we provide community testing for STIs at Queer Base.

How it works:
About twice a year we do community testing at our office. You can find the dates on our social media.

If you want to get tested inbetween get a free voucher at Queer Base – come to our office and pick up a voucher
Use the voucher at AIDS Hilfe Wien for free or reduced-cost testing
Tests are available for HIV, Hepatitis B & C, Syphilis, Chlamydia, and Gonorrhea (Tripper)

Standard costs at AIDS Hilfe Wien (without voucher):

• HIV Laboratory Test: free (anonymous)
• HIV Rapid Test: €30
• Hepatitis B & C Test: €30
• Syphilis Test: €15
• Chlamydia &
• Gonorrhea Self-Swab Test: €36

With a Queer Base voucher, these tests can be obtained free of charge. They are only available for LGBTIQ refugees at Queer Base

No insurance needed for testing through this program.

HIV treatment (antiretroviral therapy):

If you have health insurance:

• HIV antiviral treatment is fully covered by your health insurance
• This applies during the asylum procedure (through GVS) and after a positive decision

If you don’t have insurance:

• Contact us immediately
• We will help you access treatment
• HIV medication is considered essential healthcare

HIV and asylum status:

Important legal information:

For some countries of origin, an HIV infection can affect your chances of receiving subsidiary protection (a form of protection if you don’t qualify for full asylum).

What this means:

• If you cannot receive adequate HIV treatment in your home country
• This may strengthen your case for subsidiary protection
• Medical reports and documentation are important

Our advice: If you are HIV-positive, inform your legal representative so they can consider this in your asylum case.

HIV prevention (PrEP):

What is PrEP?

PrEP (Pre-Exposure Prophylaxis) is a medication that HIV-negative people can take to prevent HIV infection. When taken correctly, PrEP is highly effective – at least as effective as condoms in preventing HIV.

How to get PrEP in Austria:

If you have health insurance:

• Since April 1, 2024, PrEP is partially reimbursed in Austria
• Reimbursement: up to €60/month for medication
• Plus: €25/quarter for doctor consultations
• You can claim reimbursement like you would for private doctor billsIf you don’t have health insurance:
• Contact us or AIDS Hilfe Wien
• We can help you access PrEP

>> With an official spouse or legal partner:

Your rights:

• The state must respect your family life
• You will not be separated during the asylum process
• You will live together

Important to know:

• Your applications are NOT automatically considered jointly
• If your spouse is granted asylum and you’re denied, you are NOT automatically expelled
• However, your continued stay depends on your spouse’s status

>> With a boyfriend/girlfriend (not officially registered):

The challenge:

• Without official registration, authorities may assign you to different federal states
• You may be separated
• Your applications may be considered separately
• However, you can serve as witnesses in each other’s cases

What we do: We try to unite such couples and transfer them to the same federal state (usually Vienna) so you can continue living together.

The asylum interview at the BFA (Federal Office for Immigration and Asylum) is the most crucial step in your asylum procedure.

What happens:

• The interview can last several hours or require multiple visits
• You provide all supporting documents and evidence (photos, videos, correspondence, etc.)
• An interpreter translates between your language and German
• The asylum officer records everything in detail

Why it matters:
The impression you make during the interview largely influences the decision on granting you asylum. The migration officer determines if your story is credible and if you deserve protection.

>> How to prepare:

Our recommendation:
Prepare thoroughly so your story is:

• Clear
• Detailed
• Convincing
• Consistent
• Coherent

After the interview:

• The interpreter orally translates the interview transcript for you
• You and your legal representative can make corrections
• After you sign, you receive a copy of the transcript

You can bring:

A trusted person:

• For moral support
• They cannot intervene, ask questions, or address the officer
• They cannot make remarks on the protocol

A legal representative:

• Must have power of attorney
• Can take any legal actions in your interest
• Can ask you questions and clarify details
• Can submit motions to the asylum officer
• Can make remarks on the protocol

>> Within a few weeks after the interview:

You (or your representative) can submit a statement about your case.

This:

• Summarizes the facts
• Relates your story to the situation in your home country
• Is usually prepared by your legal representative

What we do: Queer Base prepares these statements for our clients if we’re representing them.

>> Additional evidence:

During this period, you can also submit:

• Letters of support
• Recent country reports
• Human rights organization reports about your home country

The decision:

After the deadline for submitting statements and evidence, the migration officer makes a decision:

• Grant asylum, OR
• Deny asylum

Timeline: This can take several weeks or even months. Unfortunately, you cannot know the exact timing in advance.

>> A BFA decision is not final. You have the right to appeal.

The appeal process:

Timeline: You have 28 days from receiving the BFA decision to appeal to the BVwG (Federal Administrative Court).

What happens:

• The court holds a hearing with you present (similar to the BFA interview)
• The court questions you and reviews your entire case
• The court may summon witnesses
• After the hearing, the court issues a decision

How long it takes: Several months to over a year (cannot be known in advance)

After the decision:

• The decision is sent to you
• It becomes effective immediately
• It can be appealed to higher courts

>> If the BVwG denies your application:

The decision becomes effective immediately. You have two options:

Option 1: Do not appeal

• You must leave Austria within a specified period

Option 2: Appeal to higher courts

• File an appeal with the VfGH (Constitutional Court) or VwGH (Administrative Court), or both
• Request these courts to suspend the obligation to leave Austria
• If granted, you may remain in Austria while your case is considered

Important requirements:

Appeals to higher courts:

• Can ONLY be filed by lawyers (attorneys at law)
• Not every BVwG denial has grounds for appeal
• Usually take many months, often years
• Cannot be appealed further (these are the highest courts)

What we do: If we believe your case has a reasonable chance, we try to find a lawyer willing to help pro bono (free of charge). However, we cannot guarantee assistance in the higher courts due to limited resources.

International complaints:

If you believe Austrian authorities violated your rights, you can file an individual complaint with international bodies:

• European Court of Human Rights
• UN Human Rights Committee
• Other applicable international bodies

Yes, in exceptional cases, your asylum application may be rejected without substantive review.

>> Reasons for immediate denial:

If you:

• Committed a serious non-political crime before arriving in Austria
• Have a conviction by a foreign court for a serious crime (recognized as such in Austria)
• Receive such a conviction by an Austrian court
• Your criminal behavior poses a threat to public safety

>> Important:

This is why it’s crucial to:

• Adhere to Austrian laws during the asylum process
• Refrain from any unlawful behavior
• Especially avoid any criminal behavior

Congratulations! You can now begin building your full, independent life in Austria.

>> Legal status:

Identity documents:

• You receive an official ID for travel within Europe
• You may receive a Convention Travel Document for worldwide travel (with necessary visas)

>> Housing:

Transition period:

• You can continue receiving basic social support (GVS) for an additional **4 months**
• Same services and support as during the asylum process
• After 4 months: You must find housing independently and cover costs yourself

>> Work and income:

Work:

• You can work or engage in any paid activities officially

If you have no income:

• Apply for minimum social assistance (Mindestsicherung)
• Includes cash benefits and health insurance
• Typically enough for simple accommodation, food, and basic needs

>> Integration support:

Register at the ÖIF:

• Sign your integration contract
• Attend your integration course
• Get help with German classes

Employment Service (AMS):
To receive Mindestsicherung, you must contact the AMS, which:

• Confirms you have no employment or income
• Helps you find work
• Provides German language courses
• Assists with translating and confirming your qualifications/diplomas
• Offers professional courses and integration courses

The short answer:

During the asylum process, you have very limited opportunities to work.

>> The rules:

First 3 months:

• You are completely prohibited from working

After 3 months:

• You need a work permit
• In practice, permits are mostly issued only for:
• Seasonal work in agriculture
• Seasonal work in tourism
• Sex work
• AND only if no Austrians or foreigners with work permits are available for the job

>> Other work options:

Public benefit activities:

• Minor services for federal, provincial, or municipal authorities
• For a symbolic fee
• Opportunities are limited
• Depends on needs and availability in your region

  Conclusion: Official full-time employment is nearly impossible during the asylum process.