Basic Info: Article 50 Card

Basic Info: Article 50 Card

The Article 50 card (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)

What is the Article 50 card?

The Article 50 card (or Article 50 EUV cardAufenthaltstitel "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.) is the residence permit that is being issued to UK citizens who were living in Austria before 31.12.2020. It replaces previously issued residence permits.

Why do I need the Article 50 card?

The card is used to allow UK citizens living in Austria prior to 31.12.2020 to continue to live and work in Austria. It confers a special protected status, that cannot be obtained by people who moved to Austria after 31.12.2020.

Who needs to apply for an Article 50 card?

All UK citizens, from newborn babies through to the most elderly, irrespective of whether you are studying at school or university in Austria, working in Austria, unemployed, retired, and irrespective of how long you have been living in Austria. Even if you are married to an Austrian and your children are Austrian citizens, you need to apply.

Note: UK citizens holding a second EU nationality may wish to apply since the 10 year card provides greater flexibility in terms of time spent away from Austria compared to the Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020).

When can I apply for the card?

Applications can only be made during 2021, and in light of the possibility of further potential disruption due to Covid-19, we therefore urge people to apply sooner rather than later.

How can I apply?

Application is through your local Bezirkshauptmannschaft or Magistrat (all provinces except Vienna) where you hold your main residence (HauptwohnsitzHauptwohnsitz Your Hauptwohnsitz is your principle place of residence, i.e. where you typically have the centre of your vital interests. Other residences are known as Nebenwohnsitze.). All applications in Vienna are processed at 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.’s premises in Arndtstrasse in the 12th district.

Application forms

For further information about where to apply, please consult this page.

How much does it cost?

Depending on your existing residence status as well as whether documents require being sighted, the cost as a rule is between € 0 and € 75.80 per person (irrespective of whether an adult or child is applying). (Please see the FAQs below for further information).

FAQs

I’m struggling, who can help me with my Art 50 EUV card application?

If you have a long-term involvement with the healthSozialministerium The Austrian Ministry of Social Affairs, Health, Care and Consumer Protection is responsible for the following fields: The health care system Initiatives for people with disabilities Consumer protection Public health and medical issues Care and support The rights of consumers and the protection of their health Senior citizens’ policy Social policy Social insurance system, whether for mental or physical health reasons, you may be able to get access to a social worker if you do not already have one assigned. Similarly, if you are currently living in a safe house or shelter, your social worker may also be able to help. From individual cases that we have been aware of, and have had contact with, it has proven to be well worth getting your social worker to assist your application process.

Your social worker may well be in a position to contact your local residency authority (e.g. 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. or the Bezirkshauptmannschaft depending on where you are based) to obtain the list of necessary documentation that is required and fill them in on your situation, as well as obtaining the necessary proof that you are in long-term treatment or therapy, and to assist in terms of helping to obtain the necessary documentary proof regarding your circumstances e.g. about your being unfit to work, being incapacitated etc.

Regardless of whether your situation is related to poor physical/mental health, long-term unemployment or financial hardship, our advice would be to not delay in establishing contact with the authorities, where possible through your social worker, to resolve the situation.

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Will moving within Austria invalidate my Art 50 EUV card?

If you move before the decision has been made to issue your card has been taken from one province to another your card would be invalid. For example if you move from Vienna to another province before a decision has been reached about your application, you may have to reapply in your new province. One possible course of action might be to change your MeldebestätigungMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration. and to send it to the respective authorities of your new place of residence and the old place of residence. That way the office for your new residence may be able to receive the documents through from your old province (or request further information).

If you apply for a card and receive it and subsequently move to another province, your renewal process may be delayed as the authority in your new place of residence will probably need to get your previous file from another province. It is therefore worth ensuring that if you hold a five-year card that you do not leave renewal to the very last minute prior to your card expirying.

H/T Friedrich Bruckner

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Can someone else sign for my Art 50 EUV card?

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 are sent out by post, using an RsA-Brief, recipients are required to sign for their card personally. If you are not in when the postman delivers, you receive a yellow slip and have to sign (taking a photo ID (e.g. your passport) with you to the post office listed on the yellow slip.

If you are away for an extended period and expecting delivery of your card, to avoid that your card is returned to 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. as undelivered, you can set up a Vertretungsvollmacht. This allows you to nominate any person legally resident at an Austrian address to represent you.

The process is simple, you would need to send the completed form, along with a copy of an ID of the person you are nominating, to MA35 and then your card would be delivered the nominated person’s address.

Further information about powers of attorney and/or representation (Vollmacht/Vertretung) can be found here.

H/T: Friedrich Bruckner, Wirtschaftsagentur, Expat Center

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I didn’t have a Bescheinigung des Daueraufenthalts. Can I still get a 10 year Art 50 EUV card?

Not previously having held a Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020) does not disqualify you from being able to get a 10 year 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. During the application procedure for the Art 50 EUV, your case will be assessed on its merits – namely whether or not you fulfil the criteria of five years continuous legal residence or not.

Your residence may be considered to have been interrupted in the past, if say you were between employment for a longer period of time and not registered with the AMSArbeitsmarktservice The Austrian Public Employment Service (AMS) is Austria’s leading provider of labour-market related services, and matches candidates with job openings and assists jobseekers and companies by providing advice, information, qualification opportunities and financial assistance., and did not have intact insurance coverage.

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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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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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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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Can British academic titles be added to resident permits?

An applicant for an 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 asked whether their British university degrees could be added to appear on their residency card. They received a response that in light of the fact that the United Kingdom is no longer in the EU and EEA, academic titles (as regulated in Article 88 of the Universities Act 2002) can no longer be entered in the official documents.

On a related note, the website of the Federal Ministry of Education, Science and Research advises that existing university degrees remain valid in Austria and the UK. However, professional qualifications obtained in the UK needed for regulated professions in Austria now require nostrification to allow admittance to a trade.

Legal Basis:

§ 88 Universitätsgesetz 2002 – use of academic titles (covers pre- and post-nominal titles)

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How can periods of unemployment affect A50 residency status?

Some applicants for 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 have been requested to provide additional proof of insurance or employment for periods where they were between jobs (a frequent issue for seasonal workers, who are not employed year-round and where there is a shoulder season between the winter and summer seasons). While it is not possible to rectify previous uninsured periods, there is usually a period after the end of a contract that you continue to be insured for, but the onus is on you to contact the AMSArbeitsmarktservice The Austrian Public Employment Service (AMS) is Austria’s leading provider of labour-market related services, and matches candidates with job openings and assists jobseekers and companies by providing advice, information, qualification opportunities and financial assistance. to ensure you are registered with them for such periods.

Some periods might be relatively short (e.g. a number or days through to a couple of weeks) and not pose a problem in this regard, but it can become more difficult if the period between jobs is longer (even if you have the funds to tide you over and a job due to start soon), which is why it is essential to register with the AMS.

Such a gap could end up constituting an interruption of your continuous legal residence, meaning that if you have been living and working in Austria for over five years, but with a gap classed as an interruption, your period of residence would only count from the date your coverage was resumed.

This would possibly prevent you from qualifying for the 10 year Art 50 EUV card until you again reach the threshold of five years continuous legal residence.

Provided that your previous employment was for at least 26 weeks in the last twelve months cover extends for a period of up to six weeks after the end of the employment relationship. Beware that periods of longer than six weeks could be considered to have interrupted “continuous legal residence”. (Legal basis: Article 122 para. 2 no. 2 ASVG).

H/T: Friedrich BrucknerVienna Business Agency Expat Center

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I have my 5 year card and am now eligible for a 10 year card? Can I apply for it now?

It is possible to apply for the 10 year card already, and from our understanding the process uses the same form (make sure that you tick box 32) and you may need to resubmit some documents (in case of any changes in personal circumstances). We have been advised that priority will however be given to initial applications over “upgrades” to ensure that everyone is able to apply for their first 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 during 2021.

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This question was also raised at the British Embassy’s Online Q&A session in April 2021 – you might like to see further Q&As via the Embassy’s blog.

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What does the Art 50 EUV card look like?

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 in cheque card format, and is securely printed. Page 15 of the BMI’s information about residence titles under the Settlement and Residence Act (NAG) shows what the following cards should look like.

  • Art 50 EUV card with 5 year validity
  • Art 50 EUV card with 10 year validity (right of permanent residence)
  • Art 50 EUV card with 5 year validity – family member
  • Art 50 EUV card with 10 year validity – family member (right of permanent residence)

Please note: the observation about free access to the employment market (as per Article 18 (1) of the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration  ) is found on the back of the card (so if submitting a copy of your card to an employer, please make sure you make copies of both sides!)

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I have my Art 50 EUV card. If my employment circumstances change, do I need to do anything?

  • Holders of the 5-year EUV card are not required to inform the competent residence authorities if they e.g. change from private person status to employee or from employee to self-employee or similar changes. However, they are required to inform the authorities at some stage in the event that NONE of these statuses apply to them anymore, which could then still result in the competent residence authorities initiating a process to end their stay in Austria in the future, where the conditions for holding an 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 are no longer met.
  • For 10-year card holders such problems would only occur if the holder were to leave Austria for more than five years, or in the case of their being convicted of very severe criminal offences.

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MA35 contacted me to say that I haven’t paid for my Art 50 EUV card, but I have. What should I do?

We have received information from a couple of early applicants for 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 in Vienna, in which 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. has claimed that their payment has not been received. A sub-department (Außenstelle) of MA35 which is assisting in processing the applications has then sent new invoices, with different numbers to be quoted in the Verwendungszweck field. In a case brought to our attention, the applicant was told that their application would be cancelled if they fail to pay.

The following approach got a response and apology from the case officer in charge of the case within a day, and the applicant has been assured that their Art 50 EUV card is now on its way within the next few days. We therefore advise to:

  • Send an e-mail to the Referat (Außenstelle) handling the follow-up – there will be an e-mail address in their correspondence to you

    ??-ref@ma35.wien.gv.at (e.g. 41, 42, 43, 44, 45, 46 as the first two digits)

    In addition send the mail in cc: to rechnung@ma35.wien.gv.at (the billing address).
  • Make sure you include a copy of the payment from your bank (e.g. through your online banking app) as well as a copy of the initial paying-in slip (Zahlungsanweisung) – that proves you have made the payment using the invoice number they supplied.
  • Also advise that the reminder has a different invoice number if this is the case.
  • Quote the Geschäftszahl for your case (visible on your Bestätigung der Antragstellung). This number starts with MA35.

Tips about making your payment

  • Ensure (and recheck) that you have the correct number in the Verwendungszweck. This number is used for reconciling payments
  • Check that you have entered the correct amount (we have also had cases of people being asked to pay more, due to errors in their payments).
  • Pay via electronic/mobile/online banking to avoid being hit with unnecessary processing fees for your payment – and pay from a Euro account.

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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 the Art 50 EUV card be used as a travel document?

No. 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 a residence permit, not a travel document. It is also not proof of citizenship. When you travel, even within the Schengen AreaSchengen Area The Schengen Area is European border control-free travel area, consisting of all EU Member States except for Bulgaria, Croatia, Cyprus, Ireland and Romania, as well as Iceland, Norway, Switzerland and Liechtenstein., you should continue to carry your British passport on you when crossing borders. When entering the Schengen area, you should show your Art 50 EUV card with your passport to avoid having your passport stamped.

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I applied in early January 2021, why is my Art 50 EUV card post-dated?

The validity of 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 does not start with the date of the application, but instead with the conclusion of the underlying procedure and the decision to grant the card to the applicant (which is only concluded after further checks after the initial appointment).

In the time between the appointment and the issuing of the card, you are still legally resident on the basis of the Bestätigung des AntragsBescheinigung über die Antragstellung When applying for the Art 50 EUV card, you will be given a certificate, the Bescheinigung über die Antragstellung (Bestätigung des Antrags) that confirms your legal residence until your Art 50 EUV card is issued..

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What is the legal basis for the taking of fingerprints?

A number of British citizens in Austria have mentioned that they were surprised about fingerprints being taken when they applied for 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, and questioned the legality of this. The taking of fingerprints is stipulated in Regulation (EU) 2019/1157 (Full title: Regulation (EU) 2019/1157 on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement).

The Niederlassungs- und Aufenthaltsgesetz Durchführungsverordnung (NAG-DV) defines the procedure regarding fingerprints in § 2b.

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What kinds of extra documentation requests have been received by applicants from MA35?

Some applicants have been asked to provide further documentation after their initial appointment with 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. in Arndtstrasse (UnterlagenanforderungUnterlagenanforderung An Unterlagenanforderung is a communication from an authority processing the Art 50 EUV card requesting supplementary information to assist them in making a decision on your application.) to support their application. We are collecting feedback from applicants about this second stage, and will add to this question accordingly as new information becomes available. The following list is a compiled list of the requested extra documentation that we have been made aware of by applicants applying in Vienna:

  • Documentary proof of residence in Austria for the last 5 years (suggested items include purchase contracts for real estate, medical statements, utility bills, bank statements etc.)
  • A Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020) (requested from someone resident since prior to 1.1.2006, where they had ticked Daueraufenthaltsrecht, but no Bescheinigung des Daueraufenthalts had been submitted with their application).
  • Proof of insurance (in the case of someone privately insured holding a Bescheinigung des Daueraufenthalts as the subsequent checks by MA35 had thrown up a query due to their not being in the ÖGK/SVS system).
  • Copy of a valid passport (the applicant’s passport had expired between the appointment and the subsequent checks). Note: according to the Federal Chancellery Website, there is no requirement for a minimum remaining validity of six months as some people have been informed when applying in other parts of Austria.
  • A signature on the “Personalisierungsblatt” – in the hurry to get applications through, MA35 were not asking people to physically sign in front of them. Note: people receiving this request do however receive clarification about the length of card they will receive as it contains information about the validity of the card to be issued.
  • Parents applying for children of school age and student age have been requested to supply a number of documents: in the case of a young school pupil, confirmation that they are attending school (Schulbesuchsbestätigung) as well as school reports (Schulzeugnisse) since achieving school age. In the case of students, proof of social insurance cover (where held by the student themselves or if they were mitversichert), and proof that their parents are covering their living expenses.

Legal Basis for requesting further information:

Article 18 (k) – (n) of the Withdrawal Agreement

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I have 5 years legal residency but couldn’t get an appointment in 2020. Can I still get a 10 year Art 50 EUV card?

  • I have reached 5 years legal residence, but couldn’t get an appointment for the necessary residency permit under EU law before the end of 2020. Is it still possible to get a 10 year 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?

As a rule a 10-year card may be issued where a right of permanent residency has been obtained in the past, however a in individual cases, the circumstances may be considered on a case-by-case basis. In this case it is recommended that the applicant contacts their case officer.

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From what age are children required to attend Art 50 EUV card appointments and be fingerprinted?

Rules define that fingerprints are to be taken for all persons aged 6 and over, and therefore all children aged 6 and over are required to attend in person.

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Which relatives should I list in my Art 50 EUV application?

  • Should all relatives be listed on the application form, or only those who live here or wish to live here?
  • Should deceased children or adult children not living here be listed?

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. advises to applicants to raise these questions when applying in person, however as a rule only relatives currently living in Austria are required to be listed.

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My residency document under EU law was not able to be issued before 31.12.20, what can I do?

I was in the process of getting my AnmeldebescheinigungAnmeldebescheinigung Every EU citizen who intends to stay longer than 3 months, must apply for the Anmeldebescheinigung within 4 months of first arrival in Austria. This is essentially a snap-shot of your status at that time, and confirms you have fulfilled the conditions to stay in Austria for longer. Your residence is still subject to certain rules. Note: British Citizens could only apply for the Anmeldebescheinigung until the end of the transition period (31.12.2020)/Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020) at the end of 2020, but the process was not concluded before 31.12.2020.

Applicants should make an appointment for 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 using the MA35 online appointment calendar with Referat 5.2 (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. will update its website further).

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What fees are applicable for the Art 50 EUV card?

The fee for 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.” residency permit has been set at € 61.50 in the Gebührengesetz (amended in December 2020 and published in the Federal Legal Gazette in January 2021). In addition charges also apply, where not already charged for, for documents added to a file of € 14.30 for a passport and € 7.20 for documents about your personal status (e.g. birth or marriage certificates).

In the case that the applicant holds any of the following documents granting a right of permanent residence in Austria, then the €61.50 is waived (this procedure is known as “Umtausch” – a straight swap):

  • Bescheinigung des Daueraufenthaltes (§53a NAGNiederlassungs- und Aufenthaltsgesetz The Niederlassungs- und Aufenthaltsgesetz (Residency and Settlement Act) is the Austrian law governing residency for foreign citizens in Austria.),
  • Daueraufenthaltskarte (§54a NAG)
  • Aufenthaltstitel „Daueraufenthalt–EU“ (§ 45 NAG)
  • Or any other (older) residency title that confers a permanent residency right in Austria

In the case of a British citizen being continuously resident in Austria for 5 years and satisfying the conditions for a residency permit under EU law, they are deemed to have acquired the right to permanent residence, even in the case of their not having had an AnmeldebescheinigungAnmeldebescheinigung Every EU citizen who intends to stay longer than 3 months, must apply for the Anmeldebescheinigung within 4 months of first arrival in Austria. This is essentially a snap-shot of your status at that time, and confirms you have fulfilled the conditions to stay in Austria for longer. Your residence is still subject to certain rules. Note: British Citizens could only apply for the Anmeldebescheinigung until the end of the transition period (31.12.2020) or Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020) issued, but in this case the free “Umtausch” is not possible.

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I am currently employed on a short-term contract ending soon? Can I apply for my Art 50 EUV card?

Original question to Embassy Q&A in November 2020 – response January 2021. “Can a contract as proof of employment be accepted when applying for the Aufenthaltstitel 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 even where the contract is issued with an end date only a short time in the future?”

A temporary contract is proof of being employed (right now). However the authority has to take into account the future situation of the applicant to an extent. If this is a person who has been living in Austria for a while and has always held temporary jobs, that should not be a concern. On the other hand, if a person moved to Austria only recently and has only worked for a short time (eg a few months) and no further contracts for employment yet, that person will most likely have to show sufficient income and comprehensive healthSozialministerium The Austrian Ministry of Social Affairs, Health, Care and Consumer Protection is responsible for the following fields: The health care system Initiatives for people with disabilities Consumer protection Public health and medical issues Care and support The rights of consumers and the protection of their health Senior citizens’ policy Social policy Social insurance insurance. It really depends on the individual circumstances, which will be taken into account by the offices. The best advice in this situation is still to apply once the person has a job/binding job offer as that makes the process much easier for all concerned. Application is possible until the end of 2021.

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What are the rules about passport photos for my Art 50 EUV card?

Source: https://www.bmi.gv.at/607/files/Passbild_Kriterien_052021.pdf

There are a number of points to remember about your passport photo. Shops offering passport photos may still be open even in a lockdown, but it is a good idea to phone them to check, as their opening hours might differ from their normal ones. If you request Passbilder, more often than not they will print them on a card with four pictures and a fifth one that proves they are biometrically in line as well as having a date on them. Take the entire sheet with you – the authorities will be able to cut out a photo and you will have proof that they are recent (i.e. less than 6 months old).

From 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. guidance, the following applies:

  • The photographs must be less than six months old.
  • The photographs must be sharp, well lit and with good contrast.
  • The face must be straight on and centred in the picture.
  • If wearing a face covering, the face must be visible from the base of the chin to above the eyes.
  • The paper should be glossy (and not contoured as is often the case with school photos taken for children)
  • Red eye” pictures cannot be accepted.
  • If you wear glasses, your eyes must not be obscured by the frames of your glasses or light reflections in your glasses.
  • Babies should not have a dummy in, and not be crying in the photo, and should not be wearing a hat on.
  • In the case of black and white pictures, the contrast and lighting requirements must also be observed.

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Will the “Art 50 EUV” allow me to enter Schengen countries, and to return to Austria without any difficulty?

Yes, third country nationals who hold a residency permit issued by an Austrian authority that is competent for settlement and residence will be able to spend up 90 days within a 180 day period in the territory of other Schengen countriesSchengen Area The Schengen Area is European border control-free travel area, consisting of all EU Member States except for Bulgaria, Croatia, Cyprus, Ireland and Romania, as well as Iceland, Norway, Switzerland and Liechtenstein., while their residency permit is valid. You will be required to have a valid passport, and you will only be allowed to visit other countries for leisure/tourist purposes. Prior to commencing your journey to the destination country, please check what conditions apply if you are travelling for work.

When you apply for 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, you will receive a confirmation that you have applied. This confirmation (carried with a valid passport will allow you to leave and (re)enter Austria again.

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What will the “Art 50 EUV” residency title allow me to do? What will I be able to do in the future?

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.” residency title authorises you to stay and work in Austria. It will allow you, for example to change from working as an employee in fixed employment to being self-employed or vice versa.

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Does registration in Austria as a secondary residence or holiday home affect whether I can apply for residency?

The quality of your registration as principle or secondary residence (HauptwohnsitzHauptwohnsitz Your Hauptwohnsitz is your principle place of residence, i.e. where you typically have the centre of your vital interests. Other residences are known as Nebenwohnsitze. or NebenwohnsitzZweitwohnsitz Secondary places of residence (e.g. holiday homes that you spend some time in yourself, pied-à-terres, granny flats) are known as Zweitwohnsitze (in legal terms) or Nebenwohnsitze (in common parlance). While you may reside at a secondary residence for part of the time, it does not constitute the centre of your vital interests. It is of course possible to change your residence status (i.e. from your Zweitwohnsitz to Hauptwohnsitz - known as Ummeldung) to reflect changes in circumstances, although you should be aware that "flipping" is not intended for short-term changes and that doing so can affect the status of grants etc. contingent on the location of your vital interests. respectively), is not decisive, but your actual residency in Austria. If you spend most of your time in Austria each year (more than 6 months) and wish to continue to live here you will have to apply for an “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 by the end of 2021, or for an Austrian non-EU residence permit which is restrictive and difficult to get. If, you only visit say a couple of times of year (e.g. to spend a vacation in a holiday home) and don’t spend most of the year in Austria, then you are not covered by the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration   and will have to apply for a residency title under the Settlement and Residency Act (NAGNiederlassungs- und Aufenthaltsgesetz The Niederlassungs- und Aufenthaltsgesetz (Residency and Settlement Act) is the Austrian law governing residency for foreign citizens in Austria.; Niederlassungs- und AufenthaltsgesetzNiederlassungs- und Aufenthaltsgesetz The Niederlassungs- und Aufenthaltsgesetz (Residency and Settlement Act) is the Austrian law governing residency for foreign citizens in Austria.).

Further information about the various residency permits in Austria can be found at: https://www.migration.gv.at/en/welcome/?no_cache=1

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I am a resident in Austria since before 31.12.2020. I recently lost my job and am looking for work. Do I have to leave Austria?

From information published by 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. on 17.12.2020 – No, you do not have to leave Austria. From 01.01.2021 it will be necessary to apply for 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.”. As was the case as a citizen of an EU Member State, in the case that you are not in employment you and your family must be able to afford to live in Austria without recourse to social assistance (money received from the AMSArbeitsmarktservice The Austrian Public Employment Service (AMS) is Austria’s leading provider of labour-market related services, and matches candidates with job openings and assists jobseekers and companies by providing advice, information, qualification opportunities and financial assistance. are not considered as social assistance, but as insurance-based funds) and have healthSozialministerium The Austrian Ministry of Social Affairs, Health, Care and Consumer Protection is responsible for the following fields: The health care system Initiatives for people with disabilities Consumer protection Public health and medical issues Care and support The rights of consumers and the protection of their health Senior citizens’ policy Social policy Social insurance insurance coverage. Unemployment benefit is also considered as means to support yourself since it is insurance-based funds rather than social assistance.

You can apply for the Art 50 EUV card until 31.12.2021, so it is possible to first of all find a job and then apply for the “Art 50 EUV” residency title. You are entitled to remain in Austria for the time until you make your application for the Art 50 EUV card.

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How should I prepare if travelling internationally?

When travelling abroad, irrespective of whether you are leaving the Schengen areaSchengen Area The Schengen Area is European border control-free travel area, consisting of all EU Member States except for Bulgaria, Croatia, Cyprus, Ireland and Romania, as well as Iceland, Norway, Switzerland and Liechtenstein. or not, you should carry your residence card (if your 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 has been issued), as well as your valid passport whenever you travel. If you have applied applied for your Art 50 EUV card, but have not yet received it, you should also carry the certificate that confirms you have applied for the Art 50 EUV card.

If you have not yet applied for a residence card, you should carry proof of residency in Austria. Proof of residency could be in the form of your MeldebestätigungMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration. or a rental agreement or utility bill dating from 2020.

If you are unable to prove you are resident in Austria, you may be asked additional questions at the border to enter the Schengen area, and your passport may be stamped. This will not affect your rights in Austria.

Acknowledgements: UK Embassy Living in Austria (Update 16.12.2020)

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I’ve been in Vienna for 4 years, studying and working, will I be able to get an Art 50 EUV card?

If you have been living in Austria for less than 5 years, you will be eligible for an 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, with 5 years’ validity. You’ll have to provide evidence about your personal situation (as a worker, student, self-sufficient person, British family member or British spouse of an Austrian national) and proof of comprehensive healthSozialministerium The Austrian Ministry of Social Affairs, Health, Care and Consumer Protection is responsible for the following fields: The health care system Initiatives for people with disabilities Consumer protection Public health and medical issues Care and support The rights of consumers and the protection of their health Senior citizens’ policy Social policy Social insurance insurance. After you have been here for more than 5 five years, you may be eligible for long-term/permanent residency status, and time spent studying here would count.

There is further information in the Austrian government’s Brexit FAQs at: https://www.bundeskanzleramt.gv.at/en/topics/brexit/residency-and-access-to-the-labour-market.html

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We’re expecting a child in 2021, how should we do the Art 50 EUV card application?

Based on having the necessary residency paperwork in place that proves your residence in Austria prior to 31 December 2020, the following applies in 2021. 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 that you will only need to have applied for 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 yourself/yourselves. You will be issued with a Bescheinigung über die AntragstellungBescheinigung über die Antragstellung When applying for the Art 50 EUV card, you will be given a certificate, the Bescheinigung über die Antragstellung (Bestätigung des Antrags) that confirms your legal residence until your Art 50 EUV card is issued. that says you have applied, and which confirms your legal entitlement to stay in Austria until the actual Art 50 EUV card is issued.

You will then have to apply for a residence permit for your child in the same way as you apply for yourself – and will have until 31 December 2021 to do so (according to the draft regulation/ordinance (Brexit-DVBrexit Durchführungsverordnung The Brexit Durchführungsverordnung (Brexit Implementation Regulation) is the Regulation/ordinance in Austrian law that will cover issues about residency for British citizens after the end of the transition period.) that covers the residency title of British citizens living in Austria as of 31.12.2020).

Your child’s application will require:

  • A copy of their birth certificate (you would be well advised to get an international birth certificate issued, and to have two copies done of it when you register the birth)
  • A passport photo
  • A British passport for your child

Other information about new babies can be found on https://www.oesterreich.gv.at/themen/familie_und_partnerschaft/geburt.html

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Is there any way I can obtain permanent residency before 5 years?

Yes, under certain specific circumstances you can obtain permanent residency without having to stay for 5 years. If you qualify you can apply directly for the permanent (10 year) Article 50 card.


You qualify for permanent residency before 5 years if you are no longer working AND:

  1. If you were (self-)employed, and when you stopped working had reached the Austrian pension age (no residency duration requirement.)
    • If you were self-employed, but Austrian law doesn’t grant your category of work a pension right, you can claim at age 60 (no residency duration requirement.)
  2. If you were (self-)employed and when you stopped working took an early pension, you must have lived in Austria for 3 years and been working for at least the last 2 years before you retired.
  3. If you were (self-)employed and have lived in Austria continuously for more than 2 years, and you stopped working because of a permanent incapacity to work.
  4. If you were (self-)employed in and have lived in Austria continuously for at least 2 years and you stopped working because of a permanent incapacity.
    • If that incapacity was due to an accident at work, or an occupational illness that grants you social benefits, you qualify straight away (no residency duration requirement.)

If you are a family member of someone who has permanent residence because of one of the cases above, you also gain it.

  1. If a (self-)employed person who has not yet earned permanent residence rights dies, family members residing with him at the time will straight-away qualify for permanent residence, provided that the deceased had resided and worked in Austria continuously for at least the previous two years.
    • As in point 4 above, if the death was due to an accident at work or occupational disease, there is no time restriction.

Reference: Article 13(1) Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration   (EU Directive 2019/C 384 I/01) which refers directly to Article 17 (1)a,b,c of the “Freedom of Movement” (EU Directive 2004/38/EC)

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I am considering taking Austrian citizenship. What are the comparative benefits of naturalisation or permanent residence?

Even if you are considering applying to take Austrian citizenship, it would be advisable to apply for 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 in 2021 to cover the eventuality of your naturalisation procedure taking a long time (even the swiftest procedures take months as a minimum).

Naturalisation may require you to prove proficiency in German language and display an adequate degree of integration, whereas the Art 50 EUV card does not stipulate having attained a certain language proficiency.

Austria does not typically allow dual citizenship, so naturalisation apart from under a couple of very specific circumstances would require you to renounce your British citizenship.

One blog – From Brexit to Ex-Brit – covers the naturalisation process in detail.

It should however be noted that from after the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government., British citizens naturalising can expect to be treated as third country nationals (this will remove some of the pathways for naturalisation that are only afforded to citizens of other EU Member States.)

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For pre-2006 arrivals, does a Meldezettel suffice for the Art 50 EUV card application?

For British citizens resident in Austria since prior 1 January 2006, original residence registration form (e.g. MeldezettelMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration.) will also be your registration certificate. Authorities may ask for more evidence of your life in Austria when you apply for 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, although the Interior Ministry (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.) have made repeated assurances that they are “looking for reasons to grant status, not to refuse status”.

Update 12.01.2021 – information from 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.:

In the case of anyone who had legally settled in Austria prior to 1.1.2006 registered in accordance with the Meldegesetz 1991 (ie. holding a Meldezettel/MeldebestätigungMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration.) this registration document has the equivalent quality of a certificate of registration (AnmeldebescheinigungAnmeldebescheinigung Every EU citizen who intends to stay longer than 3 months, must apply for the Anmeldebescheinigung within 4 months of first arrival in Austria. This is essentially a snap-shot of your status at that time, and confirms you have fulfilled the conditions to stay in Austria for longer. Your residence is still subject to certain rules. Note: British Citizens could only apply for the Anmeldebescheinigung until the end of the transition period (31.12.2020)), but does not confer an automatic right to permanent residency, since the requirements for permanent residence are required to exist continuously over a period of five years. In the casae of people only holding a Meldezettel, it is necessary to check whether they satisfy the conditions to qualify for a 10 year Art 50 EUV but a 10 year card will in this case be charged for, and it is not possible to “exchange” this existing status into an “Article 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.” residency title free of charge. The application for Article 50 EUV cardAufenthaltstitel "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. must be submitted by 31.12.2021.


The Austrian government’s Brexit FAQs contains further information: https://www.bundeskanzleramt.gv.at/en/topics/brexit/residency-and-access-to-the-labour-market.html

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Can short-term employment contracts be used as proof for Art 50 EUV card applications?

This issue has been passed on to the Austrian authorities for further clarification. (Update 30.12.2020 – no response received)

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What checks and balances and appeals procedures will there be for Art 50 EUV card applications?

UK nationals and their family members have a wide range of routes of redress and complaint available to them under the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration   and elsewhere. These routes broadly mirror those currently available to UK nationals when exercising free movement rights in the EU.

UK nationals can complain to relevant public bodies in Member States and are granted a statutory right of appeal (administrative and judicial review) in their Member State of residence under the Withdrawal Agreement.

UK nationals will continue to have access to the European Commission’s complaints system; Your Europe Advice; CHAPs; the European Ombudsman; and “PETI”, the European Parliament’s Committee on Petitions.

The European Commission will continue to monitor compliance with EU law via complaints or on its own initiative. This includes rights under the Withdrawal Agreement.

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What is the minimum number of employment hours required for the Article 50 EUV card?

There is no published minimum income or number of hours. When applying for the Article 50 EUV cardAufenthaltstitel "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., you will need to provide evidence of your personal situation (as a worker, student, self-sufficient person, British family member or British spouse of an Austrian national) as well as proof of comprehensive healthSozialministerium The Austrian Ministry of Social Affairs, Health, Care and Consumer Protection is responsible for the following fields: The health care system Initiatives for people with disabilities Consumer protection Public health and medical issues Care and support The rights of consumers and the protection of their health Senior citizens’ policy Social policy Social insurance insurance. As a guidleline, 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. assured us that a minimum of around 5 1/2 hours per week would be enough. This is not set in stone and cases that are borderline will also be considered

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How will temporary absences be calculated in relation to the Art 50 EUV card?

For holders of the 5-year card, absences “not exceeding six months a year” are allowed. The Austrian authorities have confirmed that absences will be calculated on a rolling basis, that means a total of 6 months in the last 12 months. This might catch you out if you have a long winter holiday and a long summer holiday in Austria.

Holders of 10-year cards are allowed absences of up to 5 years in a block. So, for example, a period of 2 years away, then a month back and another absence of 4 years is allowed.

Card holders who spend a lot of time abroad are in any case advised to keep a note (and as necessary proof of travel) about dates of travel. If there is any doubt as to when you were in or out of Austria, the onus is on you to prove it.

There are special conditions for longer absences in exceptional situations, such as for studying, caring for an elderly relative, postings abrioad by your employer, or military service. These exceptions must be applied for.

If you break the rules and are away for too long, you risk losing your residency rights under the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration   for ever.

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When the Art 50 EUV card expires after 10 years will the same renewal process apply for the next 10 years?

No, not quite. The so-called 10-year card only needs renewing every 10 years because of the photograph, just as a passport is renewed. There can be no checks for employment or income limits, or whether you are on social-security or similar. Once you have earnerd permanent residency rights (which is confirmed by you having a 10-year card) the only checks they can make are to see if you have been away for more than 5 years or if you pose a serious risk to public or national security. Your residency is otherwise permanent, guaranteed for life.


You will still have to apply for renewal at your local “Ausländeramt” though, and there might be a small administration fee.

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I hold a passport of another EU Member State in addition to British citizenship. Do I need to get an Art 50 EUV card?

If you originally registered in Austria using a British passport, have not included your other nationality on your MeldebestätigungMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration. or AnmeldebescheinigungAnmeldebescheinigung Every EU citizen who intends to stay longer than 3 months, must apply for the Anmeldebescheinigung within 4 months of first arrival in Austria. This is essentially a snap-shot of your status at that time, and confirms you have fulfilled the conditions to stay in Austria for longer. Your residence is still subject to certain rules. Note: British Citizens could only apply for the Anmeldebescheinigung until the end of the transition period (31.12.2020), you will need to update these accordingly so the authorities are aware of your other (and therefore EU) nationality, otherwise you will have to apply for the new 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 in 2021.

In addition, you should also inform both the ÖGK and Finanzamt – your employer may be able to assist in this regard through payroll accounting.

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I am a long-term resident with an Austrian spouse. Will I have to change my residency paperwork?

Regardless of who you are married to, or how long you have been here before 2021, every British citizen must apply for either an Article 50 card, or for the more restrictive non-EU citizen residency permit before the end of 2021.

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When can I apply for my Art 50 EUV card?

Applications open in January 2021 (4 January due to public holidays and the weekend). While you can already book appointments in Vienna for January 2021, the application can be made at any time in 2021. Before the end of 2020, you must make sure that your current residency documents are in order.

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If my passport is being renewed, can I use an Emergency Travel Document for my Art 50 EUV card application?

Background: Some people in the Facebook groupsthe Facebook groups Britishinaustria.net draws upon its two Facebook groups as a source of questions to address in FAQs or to refer to the authorities or to request clarification from government ministries or HM British Embassy. These groups can be found at: British in Austria: https://www.facebook.com/groups/BritishAustria British in Europe ~ Austria: https://www.facebook.com/groups/BritishinAustria   have asked whether they can use an Emergency Travel DocumentEmergency Travel Document The Emergency Travel Document (sometimes also called an Emergency Passport) is issued for British citizens abroad who need to travel who do not have a passport for travel (e.g. due to loss/theft/expiry of their previous travel document) and are unable to apply for one in time. Full eligibility criteria can be found on the section of the UK Government Website about Emergency Travel Documents. (ETDEmergency Travel Document The Emergency Travel Document (sometimes also called an Emergency Passport) is issued for British citizens abroad who need to travel who do not have a passport for travel (e.g. due to loss/theft/expiry of their previous travel document) and are unable to apply for one in time. Full eligibility criteria can be found on the section of the UK Government Website about Emergency Travel Documents.) in the case that their passport is being renewed for their 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 application.

Response from HM Embassy – received 09.11.2020.

UK nationals will need to use their standard British passports when applying for the new Article 50 EUV cardAufenthaltstitel "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.. We would like to reassure you that the COVID-related backlog in processing passport applications earlier in the year has now been cleared.

The application process for the new residency card will be open for the whole of 2021, so it is not necessary for everyone to apply at the start of January. There is no requirement for future validity (i.e. 6 months) on a passport used as proof of nationality when evidencing rights under the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration  .

UK nationals resident in Austria whose passports are approaching expiry should replace the documents in good time.

HM Embassy to britishinaustria.net

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What happens if I/we divorce, or I leave Austria, or I die?

Your family members that haven’t gained independent right of residence may still be covered by the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration   through “retained rights”. This is a complex subject and you should seek expert advice.

Your family members that have gained independent right of residence will be covered by the Withdrawal Agreement and can stay as before.

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Is there a difference between rights gained before or after 2020?

Yes. If you qualified for your rights under the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration   before the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government. you are considered as a right holderRight Holder This is the person who was resident in Austria before 2021 and in their own right is covered by the WA.  Family members who do not themselves hold independent residency rights derive their right from this person. in the context of family reunions. It is important to note that you need to be a right holder to have your family join you, and that you can only be a right holder if you were living in Austria legally before end of 2020.

Only family members who were here before the end of the transition period can become right holders just like you, even if they were dependents previously. They, like you, will be able to have their core families join them later.

Those core familycore family Direct and close family members. Spouse, registered partner, children under 21 (or over 21 if still dependent), direct parents or grandparents; Adopted children are treated as natural children. members who joined you after the end of the transition period will not be able to become right holders. They will not be allowed to have their future families join them.

Your core family can eventually gain Withdrawal Agreement residency rights for themselves (e.g. by getting a job, becoming a student, or after 5 years of residency in Austria). Depending on whether they were here before or after the end of 2020 will determine whether they can later bring their core families to Austria.

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How long does my family have to register after they arrive?

Family members arriving in 2021 must register within 3 working days for the MeldebestätigungMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration., and must apply within 3 months of arrival for their Article 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. You as the right holderRight Holder This is the person who was resident in Austria before 2021 and in their own right is covered by the WA.  Family members who do not themselves hold independent residency rights derive their right from this person. must either already have your Article 50 EAV card, or you can apply at the same time as your family.

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I am resident in Austria, and the rest of my family will move in 2021. What will we have to do?

Your core familycore family Direct and close family members. Spouse, registered partner, children under 21 (or over 21 if still dependent), direct parents or grandparents; Adopted children are treated as natural children. members can join you at any time, provided your relationship already existed by 31.12.2020.

Firstly, registration: Get their MeldebestätigungMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration..

They must then apply for their 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 as your family members within 3 months of arrival. You can do this either if you already have your own Art 50 EUV card, or alternatively you can apply for the whole family at the same time – there is no fixed recommendation in this regard – so you may choose either way, depending on what is more convenient for you. Confirmations of application will be issued to cover the period until their cards come through.

They will have to show they are supported by you or have their own jobs. As long as you are (self-)employed or self-sufficient they will be covered by you. The order in which to do things or exactly how to get them covered by your Krankenkasse has not yet been resolved. Therefore it would be advisable to contact the ÖGK as soon as you know when your relations are going to be moving out to Austria to join you.

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Can my family members become right holders themselves?

Only someone who themselves have the right to residence in Austria can become right holders. That means that your spouse, who was working and living in Austria before the end of 2020, will in their own right be a right holderRight Holder This is the person who was resident in Austria before 2021 and in their own right is covered by the WA.  Family members who do not themselves hold independent residency rights derive their right from this person.. If they arrived after the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government. ended they will never be able to become a right holder, but can still obtain independent residency rights after five years.

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