Aufenthaltstitel “Art 50 EUV” – FAQs

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.” will be the residency card that British citizens in Austria will need to apply for 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..

  1. The Austrian government’s Brexit legislation (Brexit DurchführungsverordnungBrexit 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. / Brexit Implementation Regulation) has been completed and is out for public comment until 22 October. It has been created as an ordinance rather than as a law since this is quicker to implement and can be more easily amended.
  2. Key thing to stress: We are talking about a DEAL SCENARIO with regard to citizens’ rights. Regardless of whether the trade negotiations complete before 31 December 2020, citizens’ rights were a part 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   and they are protected and fixed.

How to apply 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.

  1. Everybody in your household has to apply 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. before the end of 2021. Even new-born babies will need a completed form.
  2. To find out where you need to apply, there is an online tool at https://www.help.gv.at/Portal.Node/hlpd/public/content/behoerden.html 
  3. There may be an online appointment system in the office you need to attend – check online
  4. The cost of the 5-year card hasn’t yet been fixed but will be around €60.
  5. The cost of the 10-year card hasn’t yet been fixed but will be free if you already have your BdesD (or equvalent perment residency from before 1995). Otherwise it will be around €70.
  6. Your fingerprints will be taken.
  7. Everybody who is claiming the Article 50 EUV card should have one of the following:
    • 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) (required after 3 months living in Austria)
    • 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) (available for those who have paid social insurance payments continuously for 5 years)
    • Only if you moved to Austria before 1/1/2006: A 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./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.

Note: It will not be a problem if your status has changed since obtaining the document in #9 – e.g. between working, self-employed, geringfügiggeringfügig Geringfügige Beschäftigung (marginal employment) relates to low income employment, for which certain conditions and restrictions apply. Someone employed as "geringfügig" has a maximum monthly income of € 460.66 per month. It applies to part-time, season or casual employment relationships, and from an employer's perspective has lower ancillary costs., student and retired.

Note also: Even if a British national doesn’t have a document (in particular an Anmeldebescheinigung) but fulfils the requirements for one, he or she will be covered 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  .  So whether you forgot to apply, had applied but now lost the document or the document was destroyed or stolen, you are still covered by the Withdrawal Agreement and can continue to live and work in Austria as long as you fulfil the criteria for freedom of movement under EU law (see FAQ:Current freedom of movement rules).

Was this content useful?

Will I be eligible for the Article 50 EUV card?

Many people are understandably worried. Maybe you don’t have 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). Maybe you are retired with little income. Maybe you are currently unemployed…

  1. For those who don’t yet meet the threshold for permanent residency (Bescheinigung des Daueraufenthalts see #9) you will be subject to the income requirement, unless you or a family member is working (see #11 below). EU rules state no exact monthly sum of income 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. and the sums haven’t yet been fixed but it seems likely that they will be the same as the existing rules for 3rd Country nationals which require:
    • €1,000 net for individuals
    • €1,500 net for partners
    • An additional €143 net per child
  2. Notes to the income rules in #10 above:
    • There is no income requirement for anyone who has long-term residency status (Bescheinigung des Daueraufenthalts).
    • If somebody is a worker/self-employed, there is no income requirement under EU law – even if the work is only part-time. See FAQ: Current freedom of moment rules
    • The sums stated in #10 above are for discretionary income i.e. after paying rent, utility bills.
    • Unemployment benefits, child support etc. count as income.
    • 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. stressed that they really don’t want to throw people who are living here out of the country. There will be some discretion given to the local authorities here for individual cases (so prepare your arguments well if you don’t meet the income requirements).
    • The BMI stressed that this might seem harsh but it would also be the case without Brexit. EU freedom of movement rules don’t allow someone to live in a foreign EU country for more than 3 months unless they have sufficient income.
  3. If you do satisfy the conditions for the Bescheinigung des Daueraufenthalts but haven’t yet applied for it, you still have time until the end of 2020, unless you live in Vienna (the appointment system there is full until 2021).

Was this content useful?

Is the application form going to be a nightmare?

We were shown a draft version of the application form at the British Embassy meeting in October 2020 but asked not to publish it as this may cause confusion. We have studied it at some length and made recommendations for clarification or alteration. All of these recommendations have been agreed and implemented in an amended draft which we have not seen. We are confident that the form will be user-friendly and accessible to someone with very limited German.

  1. The application form with its guidance notes will be online at the end of October. (Addendum 07.11.2020: the appraisal of the consultation is still ongoing, we will advise when these items have been published).
  2. We were repeatedly told that EVERY British citizen living in Austria must apply including children and babies. We have plenty of time – the whole of 2021. There is no need to apply in January but they are secretly hoping that some of the straightforward cases (presumably anyone holding 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)) might apply early (from Monday 4 January) to prove to others that the system works (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. and the Embassy called this “quick wins”).
  3. The application form is as short and simple as possible.
  4. The application form is in German (as required by Austrian law) but there is a comprehensive set of supporting notes.

Addendum: 7.11.2020.
The appraisal of the consultation is still ongoing. We will advise when these items have been published.

Was this content useful?

What do I need to bring with me to my Article 50 EUV appointment?

  1. If you have 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) then all you will need to bring with you to apply 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. is:
    • Passport
    • Passport photo (for the new card you will receive)
    • Bescheinigung des Daueraufenthalts
    • Note: The authority may exceptionally ask for further documents because for example a person has the Bescheinigung des Daueraufenthalts with their maiden name and has since married (and the passport is under his/her married name).
  2. If you don’t have a Bescheinigung des Daueraufenthalts then in addition to your passport and a passport photo you will need to bring proof of your status. This is all clearly stated in the supporting notes to the application form but might include:
    • For employees: A work contract
    • For the self-employed: Proof that you are self-employed. E.g. an income tax assessment
    • For the economically inactive: Proof of sickness insurance cover; proof of sufficient financial resources to support yourself and family members (e.g. pension)
    • For students/school pupils: Proof of enrolment; proof of sickness insurance cover; proof of sufficient financial resources
    • For family members: 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) as a family member; birth certificate

Was this content useful?

What can we do to prepare?

  1. Continue to keep in touch with one another:
  2. Ensure that your passport is in order. Correct name (marriage/divorce); correct gender (sex change). The expiry date of the passport is not important so long as it hasn’t expired (the “6 months left” rule is not relevant).
  3. Make sure that you have a 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. (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.) and at least the 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). If you arrive in the country in the last few months/weeks/days before 31 December 2021 get these quickly!

Was this content useful?

I’m retired with a UK pension and I’m worried since my income is below the income requirement. Help me!

  1. Your UK pension will be considered as your income. If you have been here for more than 5 years than you can apply for 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) already in 2020 (if you haven’t already got it), then assuming you are successful, you will have peace of mind and be able to simply exchange that for your 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. in 2021 (see #17). Even if your income is indeed too low, it would be too low to remain in Austria even without Brexit anyway (see #31). But you won’t have to up and leave as the authorities will examine the individual case. For example, having lived in Austria for the past 10 years or owning property in Austria would make a strong case for being allowed to continue living in Austria (under Article 8 of the European Convention on Human Rights) even if the income requirements are not fulfilled.
  2. Regarding healthcare for pensioners – as long as you remain in the scope 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  , your equal treatment rights to healthcare in Austria are protected 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. (on the same basis as a comparable national of your country of residence).

Was this content useful?

I’ve always had a job here but now I’ve lost it due to the COVID-19 situation. How does this affect me regarding the application for the Article 50 EUV card?

  1. If you have 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) then there is no problem – there is no income requirement.
  2. If you only have the 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) then:
    • You may wish to strategically choose a time to apply when you or a family member do have a job, hoping that the labour market situation will improve during 2021. See next point.
    • If one family member has a job (employed or self-employed; “real and genuine work”) for a minimum of 5.5 hours/week then there is no income requirement and you will all be able to obtain your 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. See Current freedom of movement rules below (#29).
    • Again, it was stressed in the British Embassy meeting in October 2020 that this might seem harsh, but this is simply applying EU freedom of movement rules – it would also be the case without Brexit.
  3. A strategic application (timed to coincide with a period of work) when a person has found a job again, can help to speed up the process (as it is much easier for the authorities to prove entitlement to remain if somebody is currently employed).

Was this content useful?

Hauptwohnsitz/Nebenwohnsitz

  1. There will be a clear distinction in most cases:
    • If your house in Austria is registered as your 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. but you live in it for 11 months/year, then it is your 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. and it won’t stop you from obtaining 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..
    • If you only live in your house in Austria for 1 month/year then it is a Nebenwohnsitz. You won’t be able to obtain the Article 50 EUV card, but this won’t stop you from living in the house for 1 month per year.

Clarification July 2021: 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 qualification has not been solely based on the quality of registration of a residence (i.e. people who were initially registered in Austria only as Nebenwohnsitz, but who were resident prior to 31.12.2020 have been able to get cards), however to retain their A50 status, they are required to keep any period of continuous absence to under six months. Some seasonal workers have been told to prove their continuing residence in Austria during the summer season to obtain their Art 50 EUV cards.

Was this content useful?

Once you have your Article 50 EUV card

  1. Absence from Austria:
    • With the 5-year card you are entitled to be abroad for up to 6 months each year (although there are circumstances such as being sent abroad by your employer, a serious 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 issue or studying in which this can be extended).
    • With the 10-year card you are allowed 5 years of absence (which is better than the 2 years offered to EU citizens under the freedom of movement rules).
  2. Your 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. will be in credit card form and should always be carried.
  3. The Article 50 EUV card is NOT sufficient to cross an international border. You will need your passport too (including 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.).

Was this content useful?

Current freedom of movement rules

An explanation of the current rules of freedom of movement will be helpful to many people:

  1. EU citizens are entitled to enter without a visa. They have the right to stay in the Federal territory for a period of three months. This is regulated in the Foreign Police Act (FPG). Employed persons (employees, self-employed persons, service providers), but also those not gainfully employed, provided they have sufficient means of subsistence 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 cover, have a right of residence for more than three months. The person concerned may not burden the social system of Austria.

The right exists for the following persons:

  • Employed or self-employed persons and job seekers (for a certain period of time)
  • Economically inactive persons (e.g. pensioners) who have sufficient own means of subsistence and comprehensive health insurance cover for themselves and all their family members, or
  • Students and trainees who have sufficient own means of subsistence and comprehensive health insurance cover or
  • Family members of a person, who fulfils one of the criteria listed above.

Therefore a person can rely on their status of economically inactive person, if they can show sufficient own means of subsistence and comprehensive health insurance.

Alternatively a person currently not employed can rely on their family members right to freedom of movement and get 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)/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. residence permit as a family member (that is the example with one family member working).

It is important to note that if a person is employed or self-employed there is no income requirement. Any person who, in the context of an employment relationship for remuneration, carries out real and genuine work for a certain period of time is considered a worker Only activities which are of such a small scale that they are completely subordinate and insignificant are disregarded. Neither the limited amount of the remuneration nor the origin of the resources for that remuneration can have any effect on the status of worker within the meaning of Union law. Therefore also persons who are only employed “geringfügiggeringfügig Geringfügige Beschäftigung (marginal employment) relates to low income employment, for which certain conditions and restrictions apply. Someone employed as "geringfügig" has a maximum monthly income of € 460.66 per month. It applies to part-time, season or casual employment relationships, and from an employer's perspective has lower ancillary costs.” or for a small number of hours a week are considered workers.

Was this content useful?

Delays at the Passport Office

(Information as of 10th October 2020)

  1. We were assured that the backlog has now been cleared and the system is working efficiently again
  2. Anyone who was forced to buy 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. could be eligible for a fee refund if on the date this document was issued you had a passport application pending with HM Passport OfficeHM Passport Office HM Passport Office is responsible for the issuing of British passports. The British Embassy does not handle regular passport applications, but can issue Emergency Travel Documents (ETDs). Further information about getting a new passport urgently can be found on the section of the UK Government website on Getting a passport urgently which was delayed due to COVID-19. You should send your Emergency Travel Document, issue date and Passport Application Reference number to feedback@hmpo.gov.uk.

Was this content useful?

Who qualifies for social assistance?

To summarise http://bit.ly/ATsocialassistance – mentioned in our flowchart about residence, unrestricted qualification for social assistance (Anspruch auf Leistungen der Sozialhilfe) for foreign citizens in Austria is only possible for citizens of EU Member States or EEA Signatory States who have a claim to social assistance or minimum benefits if they have been employed in Austria or have already been legally resident for five years or longer.

Third country nationals only have a right to such benefits once they have already been legally resident in Austria for more than five years.

Was this content useful?

Where can I find The Withdrawal Agreement text?

The EU has it here for all to see. On that page are also some explanatory notes. Warning : It is over 500 pages long.

If you find that too daunting, our mother group British in Europe has some great guides to the WA

Was this content useful?

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

Was this content useful?

I am due to marry an Austrian? Are there legal advantages to marrying sooner rather than later?

In terms of residency rights 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., marriage will not alter your right to 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. in 2021. If you are legally resident in Austria prior to 1 January 2021 you will qualify for the Article 50 EUV card.

Was this content useful?

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.

Was this content useful?

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.

Was this content useful?

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.

Was this content useful?

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.

Was this content useful?

If you meet residence criteria in more than one EU country, can you apply for residency in more than one country?

It is possible for a British citizen to fulfil the residence criteria 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   in more than one EU country (for example by having gained permanent residence in one EU country after more than five years working there, and then subsequently moving to work and reside in another EU country prior to 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 moved to work and reside in another EU country).

If you have gained a permanent residence in one EU country, you will be covered by the Withdrawal Agreement if you return there within five years of your departure (although this will depend on the host country rules as to whether you need to apply for a new permanent residence status under the Withdrawal Agreement). You can apply for protection of your Withdrawal Agreement rights in another EU country while still retaining the rights to permanent residence in a country you lived before for a certain period.

Was this content useful?

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.

Was this content useful?

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

Was this content useful?

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.

Was this content useful?

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)

Was this content useful?

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

Was this content useful?

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.)

Was this content useful?

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)

Was this content useful?

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 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

Was this content useful?

I have a British spouse (not working) and hold a visa as a dependent of an EU citizen? Can we get the Art 50 EUV card?

Based on information supplied 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.: eligibility is likely to be contingent on your respective employment statuses (and whether your spouse continued to be considered as “Erwerbstätig” for residency purposes if not currently working) in the case of your holding a Visa as an EU-Angehörige(r).

In the case that you have acquired long-term resident status (e.g. due to your spouse previously having worked for five continuous years or
having 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 for five
continuous years), then your spouse’s income for this time could also be your legal income.

It is also possible to combine times of employment/self-employment for
your spouse and their proving (through you) sufficient income and comprehensive health insurance. If that is the case your spouse (and any children you have with British citizenship can apply for 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.
permanent residence, and you apply for Art 50 EUV – Familienangehörige(r).

If you have not got long-term resident status, you can both
still the respective Artikel 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. residence permits providing your earnings allow your wife to show sufficient income and you both have comprehensive health insurance.

Was this content useful?

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

Was this content useful?

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)

Was this content useful?

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

Was this content useful?

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.

Was this content useful?

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.

Was this content useful?

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

Was this content useful?

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..

Was this content useful?

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.

Was this content useful?

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.

Was this content useful?

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.

Was this content useful?

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!)

Was this content useful?

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.

You might also like to see…

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.

Was this content useful?

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

Was this content useful?

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)

Was this content useful?

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.

Was this content useful?

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).

Was this content useful?

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.

Was this content useful?

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.

Was this content useful?

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

Was this content useful?

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

Was this content useful?

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.

Was this content useful?

Are there any official statistics about applications for the Art 50 EUV card?

The Ministry of the Interior (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.) publishes statistics at monthly intervals, with statistics usually published at https://www.bmi.gv.at/312/statistiken/start.aspx#nag_aktuell around 6-8 weeks after the reporting date (e.g. in mid-late September for July). The statistics appear at around p.60 or so of the monthly statistics files.

Was this content useful?

Was this content useful?