False myths about the lives of migrant women in Austria

If you get divorced as a female migrant, you must leave Austria! / If you get divorced (and do not have Austrian citizenship) you will be deported! 

Unfortunately, the belief persists that people who do not have Austrian citizenship and have come here via family reunification must leave Austria after a divorce and thus lose their residence status. As such, many women are very afraid to separate, even if there are many problems in the relationship.

But there are often legal alternatives! Austrian residence law is complex and every situation is different; each residence title is associated with different rights and obligations. However, there are also opportunities to stay in Austria after a divorce, especially if the marriage has violence or if one has a good level of integration into society.

If you are unsure - come to us for advice! FemRe offers free legal advice for women, we are happy to take time for you.

Children always remain with the father after a divorce. / After a divorce, custody always goes to the person who works. 

In Austria, the law regulates exactly who has custody of children. If the parents are married, both parents have custody. This remains the case even after a divorce, unless the parents agree otherwise.

After a divorce, however, even with joint custody, the parents must decide where the children will live and how they should be in contact with the other parent. If the parents cannot come to an agreement or one parent endangers the child's welfare, parents can send an application for sole custody or a regulation of contact rights to the court, who will then decide what is best for the child.

If you are unsure - come to us for advice! FemRe offers free legal advice for women, we are happy to take time for you.

Anyone who stands up to violence at home will only face trouble. 

Resisting violence and separating from an abusive partner can be very challenging. In addition to the emotional strain, it can also be associated with many other difficulties, especially when it comes to sharing children or financial resources, for example. In Austria, however, there is a comprehensive violence protection system - women who are affected by violence receive support from various institutions such as the police, women's shelters, violence protection centers and counseling centers. There are ways to obtain protection in the face of violence and to build a self-determined life free of violence with support. Together we can find solutions to many of these problems! 

If you are unsure - come to us for advice! FemRe offers free legal advice for women, we are happy to take time for you.

I put up with everything at work so that I can stay in Austria. 

Unfortunately, there are always employers who do not treat their employees well, put them under pressure, and demand more from them than is legally permitted. Many women with a migrant background also find themselves in such precarious working conditions because it is not easy to find a good job if you do not yet speak German very well and/or your education from your country of origin is not recognized. In addition, there is often the fear of losing your right of residence in Austria if you no longer have the job, which is why many women put up with unfair treatment in the workplace for a long time. At counseling centers, you can describe your situation and we will come up with solutions together! 

If you need support - come to us for advice! FemRe offers free legal advice for women, we are happy to take the time for you.

Women's reasons for fleeing do not play a role in the asylum procedure.

There are many reasons why people have to flee their country of origin, most of which affect women. These can include the threat of forced marriage, domestic violence from which there is no protection in the country of origin, FGM/C (female genital mutilation/cutting) or gender-specific violence, which often affects single women in particular. In some countries, women are also severely discriminated against or even threatened, especially if they want to make self-determined and free decisions, e.g. to get divorced, demonstrate for women's rights or simply because they are women. Many women do not know that these can also be important reasons in the asylum procedure, which is why they must be granted protection in Austria. 

If you are unsure - come to us for advice! FemRe offers free legal advice for women, we are happy to take time for you

As a woman, I can't get a divorce!

In Austria, the law regulates exactly how you can get a divorce. Men and women have the same rights. Divorces always take place in court, but there are various ways of obtaining a divorce. Many people get divorced by mutual consent, which means that they can agree on how their affairs will be settled after the divorce and also file a joint application with the court. Sometimes, however, an amicable solution cannot be found, in which case there is the option of filing for divorce if one spouse has committed serious marital misconduct (e.g. violence or adultery). It is also easier to get a divorce if you have been separated for more than 3 years.

If you need support - come to us for advice! FemRe offers free legal advice for women, we are happy to take time for you.