What are the requirements for an (electronic) letter of guarantee?

Imagine the following scenario: 

You want to invite family members or friends to come to Austria. You call them and plan the trip. Suddenly someone tells you of possible difficulties.

Then you are not alone: Depending on the circumstances it can be the case that it won't be as easy as you thought. 
Namely in those cases, where the invitee is obligated to have a visa and does not have sufficient personal means available.

But there might be a solution for this: the socalled letter of guarantee

With a letter of guarantee, a person agrees to bear certains costs for the person, if they cannot do this themselves.
 

What is a letter of guarantee?

If an alien(third country national) with visa requirement does not have, i.e,, account for sufficient financial means to pay for his planned stay in Austria, a visa will usually not be issued. 

However their is the possibility that the person inviting with a main residence in Austria submits a letter of guarantee. That means, that he commits himself to bear certains costs for the person, if they cannot do this themselves.





In general, a letter of guarantee includes all costs that legal entities can incur as a result of the foreigner's stay.

What are the costs? What amounts must be covered by a letter of guarantee?

In general, a letter of guarantee includes all costs that legal entities can incur as a result of the foreigner's stay.
The best way to explain this is through examples of liability from a letter of guarantee:

• First of all, the letter of guarantee leads to liability for deportation costs. Therefore if the Alien Police incur costs because the invited person does not leave the country, the person inviting is liable to pay.
At first glance, this may not sound like much, but it can quickly reach a few thousand euros.

• It also includes urgent medical measures, for example (this can be avoided if the stranger has valid health insurance in Austria; in this case, the inviter is not liable for any financial risk of such medical costs).

What costs do NOT have to be covered by the letter of guarantee?


Of course, not all financial risks are encompassed in the letter of guarantee, which would exceed financial capacities.

If this were the case, exponential escalation of the costs could not be prevented.
Therefore not covered by the letter of guarantee are:

• private law services or
• Costs that arise from criminal offenses.



An invitation and the attached letter of guarantee can be submitted by private and legal entities. These face different tasks and obligations.

Who has the opportunity to invite aliens and submit a letter of guarantee? 

An invitation and the attached letter of guarantee can be submitted by private and legal entities. These face different tasks and obligations.


Let us take a look at these differences in detail:

1. Invitation and letter of guarantee by businesses & NGOs 

Aliens who require a visa can have a business or NGO submit a letter of guarantee, thereby enabling them to obtain a visa. A person from the company/NGO, who is authorized respectively, can submit the letter of guarantee.

Through the letter of guarantee the company, or NGO, agrees to bear all costs that public legal entities can incur.

2. Invitation and letter of guarantee by private persons

Aside from businesses and NGOs, private persons also have the possibility to submit an electronic letter of guarantee. This has to be done by the person themselves.

Through the letter of guarantee the private person agrees to bear all costs that private persons can incur.

Companies, NGOs, and private persons can contact the regional police directorate that has jurisdiction over where the head offices of the company is located. They can then submit  an electronic letter of guarantee (short: ELG) free of charge.

How and where do businesses, NGOs, and private persons submit a letter of guarantee? 

Companies, NGOs, and private persons can contact the regional police directorate that has jurisdiction over where the head offices of the company is located. They can then submit an electronic letter of guarantee (short: ELG) free of charge.

This letter is the formal act, which results in the liability for all costs that a public legal entity can incur (more information was provided earlier on).

Please note: Only the responsible authority can fill out the ELG.

In order for a letter of guarantee to be submitted and be legally effecitve, it is necessary, to attach additional documents to the letter, depending on whether a  company/NGO or a private person submits the letter of guarantee.

Which documents are due upon submission of the letter of guarantee? 

In order for a letter of guarantee to be submitted and be legally effecitve, it is necessary, to attach additional documents to the letter. It makes a difference if a company/NGO or a private person submits the letter of guarantee.


For a business invitation companies have to provide the following documents:

1. An identity card of the representative,
2. A company registry and business license,
3. Proof of the company's credit rating (through an annual financial statement or input output balance sheet ),
4. Possible power of attornies,
5. Notification of the passport number of the visa applicant,

For a business invitation NGOs have to provide the following documents:

1. An identity card of the representative,
2. Statement of the register association,
3. NGO statues,
4. Proof of the credit rating of the NGO (for example the financial statement or certificate of tax advisor),
5. Possible power of attornies,
6.  Notification of the passport number of the visa applicant,

Private persons have to provide the following documents: 

1. Identity card,
2. Cnfirmation of residence,
3. Proof of credit rating, meaning income (for example income payment slips, income tax decision),
4. Proof of relationship to the invitee,
5. Possible proof of support of existing children,
6. Proof of all existing loans
7. Lease agreement or title deed
8.  Notification of the passport number of the visa applicant,

What is the process look like after the letter of guarantee, including documents, have been submitted?

The Alien Law Authority examines the documents after the submission. After the EVE is handed in and everything is in order, the guarantor receives an ID Number. This has to be relayed to the visa applicant.

At the earliest, 48 hours later, the invitee having received the ID Number, can submit an application at the Austrian Embassy or represenational authority responsible abroad.

Please note: That cannot happen in Austria, but has to be submitted at the Austrian Embassy.


A visa that is issued based on the letter of guarantee, does not guarantee the entry.   

Is the letter of guarantee a guarantee of entry? 

The question is to be answered with a no. A visa that is issued based on the letter of guarantee, does not guarantee the entry.  

If upon reaching border control, reason come to light that warrant a rejection through the authorities, a visa can be annulled instantaneously. 
The consequence is that the entry is neverless denied. 

Through the submission of the letter of guarantee high financial risks can arise for the guarantor. There might be better methods to invite family members and friends and help them obtain a visa.  

Schedule an appointment right away

Are you in the situation where you have submitted a letter of guarantee and are now being asked to pay?

Or are you planning to submit an electronic letter of guarantee and still need professional advice?

You are welcome to contact me for an initial consultation without obligation, in which we can discuss your individual case and the best possible procedure.

This is because every situation has to be assessed individually and experience with the authorities is essential to matters of alien law.



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