Laws
- Niederlassungs- und Aufenthaltsgesetz-Durchführungsverordnung: NAG-DV(German) or the Settlement and Residence Act (English) contains the Austrian transposition of Directive 2004/38/EC. It came into effect from 1 January 2006
How well has the Directive been implemented?
- Compliance Study (Directive 2004/38/EC): Austria (PDF file from 2008)
- Table of correspondence for Directive 2004/38/EC: Austria (PDF file from 2008)
Schengen
- Schengen Visa Rules and Border Entry for family of EU citizens
Analysis
- A good analysis beginning on page 39 (in English) of the Austrian transposition of Directive 2004/38/EC
Government web sites
Forums in which you might be able to find Austrian specific help
freedom of movement in the EU 
Comments
As far as I can tell from the Austrian transposition of the Directive the law deals only with long term residency and settlement. The law does not refer to short term visits and visa exemptions for holders of EEA residence permits.
And a recent report from the Comission says that only about 40% percent have been transposed correctly, see http://ec.europa.eu/justice_home/news/intro/doc/com_2008_840_en.pdf.
The law has been amended and is effective from January 2010, see http://ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20004242 . For entry the Fremdenpolizeigesetz (http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20004241) is of relevance but section 85 therein falsly refers to residence cards issued under Austrian law. Just the same as the British did…
Click to access austria_compliance_study_en.pdf
Conformity Study for 2004/38/EC
I am totally depressed, so somebody please help me. After a LOOOOONNNGGGG challenging battle to get documents together, my Tunisian husband and I were finally married in Austria on Nov 29th. He arrived in Vienna about two years ago as a refugee and there is where I met him. I am UK (EU). However, a couple of days before we got married, he got a letter in the mail from the polizia stating that he is scheduled to be deported on Dec 10 (yesterday). I went to the polizia today with copy of marriage certificate in hand and asking that my husband be graned a shengen visa so that he can remain in Vienna for the next couple of weeks until we can confirm arrangements for us to move to Ireland but the polizia basically laughed at me, told me my husband was not eligible for a visa because he has a deportation order, and he just closed his door, walked away, and left me sitting there. I had all th documents in hand — our Austrian marriage certificate and our two passports. Can someone help with some good advice? What do we do next?
There is no need to be depressed at all.
You are legally married. What are you, the EU citizen, doing in Austria? Are you working? Have you worked in Austria in the past?
If you are legally in Austria, your husband can only be deported if he is a serious and ongoing threat to national security or a serious and active criminal.
I am not surprised that the police officer does not know. But that is fine.
If you want to stay in Austria, just have your husband apply for a Residence Card. He just needs his passport, the marriage certificate, and proof you are married. He may also need proof that his residence address is registered with the city.
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