Collated responses for Embassy Q&A – 26.11.2020

The following FAQs have been drawn up based on the questions asked to the British Embassy via its Facebook page and through the Ambassador’s blog. The questions and answers have been amended to make them more generally accessible and to remove their personalised nature, as well as trying to also add any relevant legal references.

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.

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I live in a neighbouring EU country and commute to Austria for work, what will I have to do?

British citizens holding permanent residence in a neighbouring country and working in Austria, commuting on a daily/weekly basis, in particular on cross-border contracts already classed as EU cross-border commuters, will continue to be recognised as such and won’t need work permits to continue this arrangement after 31 December 2020 as UK cross-border or “frontier” workers 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  . However they will not be entitled to an 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., but may apply for a certificate “Bestätigung gemäß § 3 Absatz 8 Ausländerbeschäftigungsgesetz für “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.GrenzgängerFrontier worker In the EU context, any worker who is employed in the frontier zone of an EU Member State but who returns each day or at least once a week to the frontier zone of a neighbouring country in which they reside and of which they are nationals as called frontier workers. German uses the terms "Grenzarbeitnehmer" and "Grenzgänger". und Grenzgängerinnen” at the regional office of the Austrian Public Employment ServiceArbeitsmarktservice 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. (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.; ArbeitsmarktserviceArbeitsmarktservice 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.), certifying their frontier workerFrontier worker In the EU context, any worker who is employed in the frontier zone of an EU Member State but who returns each day or at least once a week to the frontier zone of a neighbouring country in which they reside and of which they are nationals as called frontier workers. German uses the terms "Grenzarbeitnehmer" and "Grenzgänger". status under Article 26 of the Withdrawal Agreement.

Further information: https://www.bundeskanzleramt.gv.at/en/topics/brexit/residency-and-access-to-the-labour-market.html

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When can I apply for my Art 50 EUV card?

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

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Why do I need to change my UK Driving Licence to an Austrian one?

If you are resident in Austria, you will need to exchange your UK driving licence for an Austrian one by 30 June 2021. Validity of licences with additional categories (e.g. for driving certain types of vehicle or pulling large trailers) that are issued in another EEA state will expire at the time stated on the driver’s licence, but no later than five years after transferring of residence.

Holders of British driving licences as at 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. (31.12.2020) had until 30 June 2021 to exchange their British driving licence for an Austrian one, if resident in Austria. Continuing to drive on a British licence under this circumstance is illegal and incurs heavy fines and may render insurance ineffective.
See also: https://www.gov.uk/guidance/living-in-austria#driving-in-austria

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

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

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

If you originally registered in Austria using a British passport, have not included your other nationality on your MeldebestätigungMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration. or AnmeldebescheinigungAnmeldebescheinigung Every EU citizen who intends to stay longer than 3 months, must apply for the Anmeldebescheinigung within 4 months of first arrival in Austria. This is essentially a snap-shot of your status at that time, and confirms you have fulfilled the conditions to stay in Austria for longer. Your residence is still subject to certain rules. Note: British Citizens could only apply for the Anmeldebescheinigung until the end of the transition period (31.12.2020), you will need to update these accordingly so the authorities are aware of your other (and therefore EU) nationality, otherwise you will have to apply for the new Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card in 2021.

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

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Will British Citizens be able to use their UK driving licence in Austria?

The answer depends on whether you are resident in Austria or not (and of for employment in Austria you are likely to be required to be resident). Under Austrian law relating to driving licences, British citizens resident in Austria will need to exchange their licences by 30 June 2021. Family members joining you in Austria will have 6 months to exchange their licences after arrival.

British citizens residing in the UK, on the other hand, will be able to use their UK licence for trips to Austria (i.e. as tourists), but will be limited in terms of amount of time that can be spent in Austria to 90 days out of 180 days. (Source: https://www.gov.uk/visit-europe-1-january-2021)

Holders of British driving licences as at 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. (31.12.2020) had until 30 June 2021 to exchange their British driving licence for an Austrian one, if resident in Austria. Continuing to drive on a British licence under this circumstance is illegal and incurs heavy fines and may render insurance ineffective.
See also: https://www.gov.uk/guidance/living-in-austria#driving-in-austria

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What will the situation be for children of UK nationals living in the EU regarding studying in the UK in the future?

UK nationals living in the EU (or in EEA/EFTA states and Switzerland) and who return to the UK to study will continue to be eligible for student support from Student Finance, home fee status, Further Education 19+ and apprenticeship funding provided they meet the prevailing published eligibility requirements. This right has been extended so that UK nationals living in the EU or Switzerland will continue to be eligible for support for courses starting within seven years of 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. (i.e. for courses starting prior to 1 January 2028).

The devolved administrations have made similar commitments. Education and skills funding is devolved and the exact entitlements and eligibility may vary between the separate parts of the UK.

Unfortunately the UK withdrew from the Erasmus and Erasmus+ schemes as part of the “future relationship deal” in December 2020

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

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


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

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Will it be possible to move ageing parents over to Austria for care purposes in the future?

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 covered by the Withdrawal Agreement will be able to be joined by close family members in the host state in which they reside at any point in the future, based on current EU rules, where the relationship existed before the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government..

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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.

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Do UK driving licences exchanged in another EU Member State, need to be exchanged again?

UK driving licences, irrespective of the citizenship you hold, are required to be exchanged for an Austrian licence by 30.06.2021. In some cases people may have already exchanged their licence in another EU country, and subsequently moved to Austria with that (non-Austrian) EU licence.

Austria does not always permit exchange of EU licences that were themselves obtained by exchange from third country licences (for example, if your original driving licence was obtained in a country not accepted by Austria, but then converted to a Spanish licence, your Spanish licence may well not be accepted and you will have to take an Austrian driving test). In the case of holding a licence issued elsewhere, it is necessary to abide my the Austrian regulations for that country. Not all countries’ driving licences are listed as equivalent. (List of countries classed as equivalent can be found here (in German))

UK driving licences are required to be exchanged for an Austrian one within 6 months of arriving in Austria. Holders of licences issued in other jurisdictions must abide by Austrian regulations for that jurisdiction. Licences from other EU countries do not need to be exchanged when you move within the EU. However, if you are, or intend to be, a long-term resident, it may be advisable to exchange your licence for an Austrian one.

Holders of British driving licences as at 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. (31.12.2020) had until 30 June 2021 to exchange their British driving licence for an Austrian one, if resident in Austria. Continuing to drive on a British licence under this circumstance is illegal and incurs heavy fines and may render insurance ineffective.
See also: https://www.gov.uk/guidance/living-in-austria#driving-in-austria

Updates:

13.05.2021 – new deadline for exchanging driving licences (30.06.2021)

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Do I need to nostrify / convert UK degrees and/or professional qualifications?

The recognition of academic degrees is not affected by the UK leaving the EU.
If you didn’t apply before the end of 2020 for recognition of any professional qualifications in regulated professions (such as teaching, law, nursing, etc), it is probably too late.

Further information: https://www.bundeskanzleramt.gv.at/en/topics/brexit/education-studying-youth-mobility-and-research.html

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If I decide to move back to the UK in the future with possessions, could there be a tax/import problem at the UK border?

Guidance about returning to the UK can be found at: https://www.gov.uk/moving-to-uk.

There is also an HMRC helpline contact number: 0300 322 9434

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

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

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

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

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

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

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

There is no published minimum income or number of hours. When applying for the Article 50 EUV cardAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms., you will need to provide evidence of your personal situation (as a worker, student, self-sufficient person, British family member or British spouse of an Austrian national) as well as proof of comprehensive healthSozialministerium The Austrian Ministry of Social Affairs, Health, Care and Consumer Protection is responsible for the following fields: The health care system Initiatives for people with disabilities Consumer protection Public health and medical issues Care and support The rights of consumers and the protection of their health Senior citizens’ policy Social policy Social insurance insurance. As a guidleline, the BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery. assured us that a minimum of around 5 1/2 hours per week would be enough. This is not set in stone and cases that are borderline will also be considered

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

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

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

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

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

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Will NI contributions continue to be transferable during/after the transition period?

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  , the EU’s social security coordination rules will continue to apply in full to individuals in full scope, including UK nationals living and/ or working in the EU and EU citizens living and/ or working in the UK by the end of December 2020, for as long as they remain in full scope.

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

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

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

For British citizens resident in Austria since prior 1 January 2006, original residence registration form (e.g. MeldezettelMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration.) will also be your registration certificate. Authorities may ask for more evidence of your life in Austria when you apply for the Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card, although the Interior Ministry (BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery.) have made repeated assurances that they are “looking for reasons to grant status, not to refuse status”.

Update 12.01.2021 – information from MA35Magistratsabteilung 35 Residency and citizenship issues in Vienna are handled by Magistratsabteilung 35 (MA35). It has several offices in Vienna and where you need to go depends on whether or not you are an EU citizen (you go to one or other of its EU Referat offices depending on the district you live in), or its premises for third country nationals.:

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


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

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

Even if you are considering applying to take Austrian citizenship, it would be advisable to apply for the Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card in 2021 to cover the eventuality of your naturalisation procedure taking a long time (even the swiftest procedures take months as a minimum).

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

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

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

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

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

Based on having the necessary residency paperwork in place that proves your residence in Austria prior to 31 December 2020, the following applies in 2021. The BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery. advises that you will only need to have applied for the Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card yourself/yourselves. You will be issued with a Bescheinigung über die AntragstellungBescheinigung über die Antragstellung When applying for the Art 50 EUV card, you will be given a certificate, the Bescheinigung über die Antragstellung (Bestätigung des Antrags) that confirms your legal residence until your Art 50 EUV card is issued. that says you have applied, and which confirms your legal entitlement to stay in Austria until the actual Art 50 EUV card is issued.

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

Your child’s application will require:

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

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

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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.

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

If you have been living in Austria for less than 5 years, you will be eligible for an Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card, with 5 years’ validity. You’ll have to provide evidence about your personal situation (as a worker, student, self-sufficient person, British family member or British spouse of an Austrian national) and proof of comprehensive healthSozialministerium The Austrian Ministry of Social Affairs, Health, Care and Consumer Protection is responsible for the following fields: The health care system Initiatives for people with disabilities Consumer protection Public health and medical issues Care and support The rights of consumers and the protection of their health Senior citizens’ policy Social policy Social insurance insurance. After you have been here for more than 5 five years, you may be eligible for long-term/permanent residency status, and time spent studying here would count.

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

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Can returning seasonal workers access hardship funds or unemployment money from Austria?

Having worked in the resort until lockdown in March and returning in October to self-isolate in time for the anticipated resort opening, my job fell through and they will probably have to lay me and others off until the New Year. Can I work from January onwards? (ie. 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.) Am I able to get any unemployment money or access any hardship funds?

Eligibility for benefits in Austria is tied to contributions to the Austrian social security system. Further information can be found at: https://ec.europa.eu/social/main.jsp?catId=1101&langId=en&intPageId=4410

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

Original question to Embassy Q&A in November 2020 – response January 2021. “Can a contract as proof of employment be accepted when applying for the Aufenthaltstitel Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card even where the contract is issued with an end date only a short time in the future?”

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

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