Art 50 EUV card Appeals

As the Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card is issued in the way that it constitutes an administrative decision (Bescheid), there is a right of appeal attached to its being issued. This right of appeal needs to be exercised within 30 days of legal receipt of the card, and the BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery. recommends first, if you wish to appeal against the duration of a card issued (ie. 5 years instead of an expected 10 year card), to contact the issuing authority to check whether a clerical error may have occurred.

FAQs

My Art 50 EUV card covering letter contains a section about “Rechtsmittelbelehrung” Do I need to do anything?

Note: this FAQ most commonly affects applications in Vienna, where Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. cards issued by MA35Magistratsabteilung 35 Residency and citizenship issues in Vienna are handled by Magistratsabteilung 35 (MA35). It has several offices in Vienna and where you need to go depends on whether or not you are an EU citizen (you go to one or other of its EU Referat offices depending on the district you live in), or its premises for third country nationals. are posted as RsA-Briefe to applicants.

The issuance of your card is ultimately in the form of an administrative decision (Bescheid) which the letter from MA35 is. All such decisions contain information about the right of appeal, which is contained in the section of the letter/Bescheid entitled “Rechtsmittelbelehrung” (ordinary right of appeal).

Since the right of appeal has to be made within four weeks of receipt of the Bescheid, this is another reason why cards are being sent out as RsA-Briefe, so that start of the four week period in which an appeal may be lodged is clear (i.e. at the point of legal delivery of the letter to you).

In the case that you have received the card, you are likely to not wish to appeal against the decision, so you just ignore this part of the letter (and the Bescheid then becomes legally effective upon expiry of the this four week period).

In case you do wish to complain about the decision, you would have to submit a full justification in writing about the grounds on which you wish to appeal (Beschwerde), including the grounds on which the Bescheid is legally inadmissible and any information that serves of proof that the decision is inaccurate. You must also state whether you wish an oral hearing (mundliche Verhandlung) at the Administrative Court (Verwaltungsgericht) at the time that you submit your appeal (Beschwerde). You are also required to pay a EUR 30 fee for appealing.

Note: Update 16.05.2021 This appeal process also applies for people issued a five year card, who believe that they should have received/were entitled to a ten year card, however they are advised to first contact the authority they applied through to check that a clerical error has not occurred. Please also consult this page for a full list of FAQs about appeals.

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Can I contest the decision or ask to see my record about my Art 50 EUV card?

If you wish to contest the justification behind the decision regarding the decision over a 5/10 year card, or wish to consult your official file to establish when you may “convert” your card from a five year one to a ten year one, can you do so?

Yes. Applicants have the right to request to inspect their file (Akteneinsicht) and to do would have to make an appointment with the issuing authority. Copies of documents in the file may be made, although the authority is allowed to charge you for any costs arising should you choose to do so.

Prior to doing so, you might like to contact the authority to see if this information can be provided on an informal basis.

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Is my application procedure considered to be legally final upon receipt of my card?

Is my application procedure considered to have been concluded in a legally final manner when I receive my Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card?

The card that is issued constitutes an administrative decision (Bescheid), and in the event the applicant does not feel that the outcome does not correspond fully with their expectation, they have a right of appeal (Beschwerde). For example, if you had applied for a ten year card, but the card that was issued was only for five years, then you have up to 4 weeks following the legal receipt of the card to lodge an appeal to the regional administrative court (LVWG; Landesverwaltungsgericht).

Before taking this step, it is however advised that you seek further clarification from the issuing authority, to eliminate the possibility that a clerical error has occurred during processing (e.g. we have heard of cases of a five year card issued bearing the designation “Daueraufenthaltsrecht” or a card issued for nine years rather than ten years).

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What can be used as proof of legal residence for 5 years or more?

What proof should be submitted to prove actual legal residence for a period of five years or more?

From experience from a number of applicants, especially retired applications formerly holding Legitimationskarten, submission of bank statements, proof of doctor’s appointments etc. were successfully lodged with the authorities.

The BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery. advises, however, that there is no definitive list of documents since every document submitted is required to be reviewed and appraised separately.

As a rule, however, the applicant’s entry in the Central Residence Register (ZMR; Zentralmelderegister) is the source that is consulted initially. In the event that there is not a continuous residence record, or where other submitted documents create doubt about continuous residence, further proof is necessary.

In addition to the aforementioned documents, other possible documents also include confirmations of being in full-time education.

In cases where the applicant feels that they have been wrongly issued “only” a five-year residence permit, it is recommended to contact the authority without delay, in order to rule out that a clerical error has occurred. In the case that the applicant only submits documents at this stage that prove their right of permanent residence, then it will be necessary to officially appeal in order for such proof to be able to be considered.

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