How many hours are there in the full-time working week?

Normalarbeitszeit is fixed as 40 hours per week (i.e. 5 x 8 hours). However, many collective wage agreements are based on a 38.5 hour working week (especially in metal processing industries).

My e-card doesn’t have a photo on it, is it still valid?

Austria started issuing e-cards with photos at the start of 2020. For approx. 85% of card holders their new e-card with photo is handled automatically, as photos held in Austrian registers for other purposes and identification documents) can also be used for the e-card with photo.

Holders of the following documents are covered in this way:

  • Passport (Austrian one!)
  • Personalausweis
  • Driving licence in credit card format

or from the registers held about foreigners.

  • Fremdenpass
  • Konventionsreisepass
  • Aufenthaltstitel
  • Rot-Weiss-RotRot-Weiss-Rot, Daueraufenthalt EU and Blaue Karte EU Titles The EU Blue Card is issued in the shape of a bank card and is a combination of residence permit and employment permit. If you are the holder of an EU Blue Card, you are entitled to temporary settlement and to employment with a specific employer. It is issued for a validity period of two years. If you held an EU Blue Card for two years, you may apply for a Red-White-Red Card plus, provided you were employed for at least 21 months during the previous 24 months in a job matching your qualification. The Red-White-Red Card  is a combination of residence permit and employment permit. It is valid for two years and entitles you as the holder to settlement and employment with a specific employer. If you change your employer within the first two years, you have to apply for a new Red-White-Red Card. The Red-White-Red Card plus   entitles its holder to settlement and unrestricted employment. If you are the holder of a Red-White-Red Card plus, you may change your employer at any time without having to apply for a new permit. If you held a Red-White-Red Card for two years, you may apply for a Red-White-Red Card plus, provided you were employed in accordance with the eligibility requirements for a minimum of 21 months during the previous 24 months. Family members of Red-White-Red Card holders and of holders of an EU Blue Card may apply for a Red-White-Red Card plus right away.  -Karte
  • Identitätskarte für Fremde

Otherwise you will have to make an appointment to have a photo submitted. You can check whether there is a photo on file for you by using the “Foto-Sofort-Check” service on the e-card website.

Note: the following exemptions apply from the requirement to have a photo on your card:

  • if you are under 14 years of age (a reminder will be sent shortly before your 14th birthday)
  • if you turn or have turned 70 in the year that the new e-card is to be issued, or
  • if you have been classified in care level (Pflegestufe) 4, 5, 6 or 7.

What do the stars on the back of my e-card mean?

The stars on the back of the e-card means that it has not been issued with an EHIC function, due to the conditions for issuing the EHIC not being fulfilled. The fields filled with stars “******” are deliberate to prevent the card being tampered with to give the impression that it is a full EHIC. Without entries on the back side of the card, it will not work as an EHIC. If this is the case you should apply for a “Bescheinigung als provisorischer Ersatz für die EKVK” (PEB) through your Krankenkasse.

Please note that the PEB is only valid for the holder of the card, so if you are travelling with a family (e.g. spouse/partner and children) you will need to have separate PEBs issued for them too.

My partner’s e-card is valid for 5 years, but mine only for 1 year. Why?

First up, it is worth mentioning that the e-card is the front side of the card, and the back relates to the EHIC (German: EKVK). The use of the EHIC card issued from Austria depends on the amount of time you have been making statutory healthcare contributions (usually deducted at source from your salary if you are employed, or through your monthly or quarterly payments to the SVS for self-employed).

The validity of the EHIC on the back depends on how long you have been insured and paying contributions for (“in einer Krankenversicherung pflichtversichert”) at the cut-off date for the card being issued. A validity of one year means that you have, from the records held, been insured for at least one out of the last five years and at least 180 days in the last year. You will be issued a five year card if you have been insured for five out of the past ten years prior to the card being issued and at least 180 days in the last year.

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

Will a visit to the UK for Christmas, returning after New Year affect my Austrian residency?

No. Your residency in Austria will not be “interrupted” unless you deregister your primary residence in Austria. The Residency and Settlement ActNiederlassungs- und Aufenthaltsgesetz The Niederlassungs- und Aufenthaltsgesetz (Residency and Settlement Act) is the Austrian law governing residency for foreign citizens in Austria. states that brief visits do not constitute an interruption of residency (§2 (7) NAG) In the event that you are stranded in the UK for an extended period of time (e.g. due to pandemic related issues where you are unable to physically return to Austria for a number of months due to borders and air corridors being closed) you should contact the authorities to explain the circumstances (legal basis: §45 (6) NAG) to avoid your residency being classed as having been interrupted.

It is strongly advised to take 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., 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., or Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. with you, so that you are able to show them when returning to Austria if you are asked to confirm your legal residence in Austria.

I have a partner/family member who is planning to join me in Austria in future, will my residency have a bearing on their right to live and work in Austria?

Yes it can.
In 2021 you must apply either 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. 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  , or for one of the titles to be able to stay as a 3rd country national3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states.. The 27 EU nations and the UK wouldn’t have argued for 2 years to get this deal if it were worse than the alternative. In our eyes it’s a no-brainer. The 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. wins hands down.

Withdrawal AgreementR-W-RRot-Weiss-Rot, Daueraufenthalt EU and Blaue Karte EU Titles The EU Blue Card is issued in the shape of a bank card and is a combination of residence permit and employment permit. If you are the holder of an EU Blue Card, you are entitled to temporary settlement and to employment with a specific employer. It is issued for a validity period of two years. If you held an EU Blue Card for two years, you may apply for a Red-White-Red Card plus, provided you were employed for at least 21 months during the previous 24 months in a job matching your qualification. The Red-White-Red Card  is a combination of residence permit and employment permit. It is valid for two years and entitles you as the holder to settlement and employment with a specific employer. If you change your employer within the first two years, you have to apply for a new Red-White-Red Card. The Red-White-Red Card plus   entitles its holder to settlement and unrestricted employment. If you are the holder of a Red-White-Red Card plus, you may change your employer at any time without having to apply for a new permit. If you held a Red-White-Red Card for two years, you may apply for a Red-White-Red Card plus, provided you were employed in accordance with the eligibility requirements for a minimum of 21 months during the previous 24 months. Family members of Red-White-Red Card holders and of holders of an EU Blue Card may apply for a Red-White-Red Card plus right away.  
Who can come?core familycore family Direct and close family members. Spouse, registered partner, children under 21 (or over 21 if still dependent), direct parents or grandparents; Adopted children are treated as natural children. (spouse/partner, children, grandchildren, parents, grandparents…)spouse/partner and unmarried children
Language testnoneA1 – may not be more than 1 year old.
After 5 years B1 is required for longer residence
Income test(nominally €1,375 for couples but unlikely to be applied), or a job at least 5.5 hours a week€ 1,524.99 for couples
Duration of permit and cost5 years (€50), then permanent residence is awarded (€70)3 years (€120). After 5 years (€120)
Who can get one? Anyone resident in Austria before 01.01.2021Only highly qualified, or people in a required profession.
Comparison of Withdrawal Agreement against Rot-Weiss-RotRot-Weiss-Rot, Daueraufenthalt EU and Blaue Karte EU Titles The EU Blue Card is issued in the shape of a bank card and is a combination of residence permit and employment permit. If you are the holder of an EU Blue Card, you are entitled to temporary settlement and to employment with a specific employer. It is issued for a validity period of two years. If you held an EU Blue Card for two years, you may apply for a Red-White-Red Card plus, provided you were employed for at least 21 months during the previous 24 months in a job matching your qualification. The Red-White-Red Card  is a combination of residence permit and employment permit. It is valid for two years and entitles you as the holder to settlement and employment with a specific employer. If you change your employer within the first two years, you have to apply for a new Red-White-Red Card. The Red-White-Red Card plus   entitles its holder to settlement and unrestricted employment. If you are the holder of a Red-White-Red Card plus, you may change your employer at any time without having to apply for a new permit. If you held a Red-White-Red Card for two years, you may apply for a Red-White-Red Card plus, provided you were employed in accordance with the eligibility requirements for a minimum of 21 months during the previous 24 months. Family members of Red-White-Red Card holders and of holders of an EU Blue Card may apply for a Red-White-Red Card plus right away.   residency for family members

Austrian migration website FAQs

There is a calculator here to see if you qualify for any of the third country national3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states. (3CN3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states.) cards.

What about children born after the end of 2020?

Children born or adopted after the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government. (either in Austria or outside) will be covered by the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration   if:

  • Both you and the other parents are right holders or
  • One parent is a right holderRight Holder This is the person who was resident in Austria before 2021 and in their own right is covered by the WA.  Family members who do not themselves hold independent residency rights derive their right from this person. and the other is Austrian, or
  • One parent is a right holder and has joint or sole custody rights of the child

Children born or adopted after the end of the transition period will not have the right to be joined by their own family members.

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

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

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

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

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

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

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

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

Can my children pass on their rights to their family?

No. Children or other family members who are not right holders themselves will not be able to bring their future family members to Austria 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  . Only right holders can do this.

Can I bring my non-UK or non-EU spouse/partner?

Yes, but only if your 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.. Otherwise they will have to apply as a third country national3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states. (3CN3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states.).

Which family members can and cannot join me in Austria?

  1. Who can join me?
    • Your core familycore family Direct and close family members. Spouse, registered partner, children under 21 (or over 21 if still dependent), direct parents or grandparents; Adopted children are treated as natural children. can join you at any time.
    • Children born or adopted after the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government. are also covered of course.
    • Your extended familyextended family Family members that are not vertically related to you or your spouse/registered partner. eg Your or your partner's children, grandchildren, parents, grandparents. Unmarried couples that are not registered but in a "durable relationship" are "extended family". The Withdrawal Agreement states that Austria must "facilitate entry and residence for that partner under national law". This is obviously more stringent that the WA conditions, so we advise to get your partnership at least registered in Austria before 2021. if they were living in Austria before 31.12.2020
    • Your partner in a durable relationshipDurable relationship A couple who are not married or in a recognised, registered partnerhip. The partner is regarded as extended family. who was resident in Austria before 31.12.2020
  2. Who cannot join me 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  
    • Your extended family who were not living in Austria before 31.12.2020.
    • If you marry someone that you were not in a relationship with before the end of the transition period, they will have no rights under the Withdrawal Agreement and will have to apply as a third country national3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states. (3CN3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states.) to join you.
    • Your partner in a durable relationship who was not resident in Austria before 31.12.2020.

People who fall under point 2: In some cases, the Withdrawal Agreement obliges Austria to “facilitate the entry and residence” and if they are accepted will be covered by the Withdrawal Agreement, otherwise they will have to apply as third country nationals.

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

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

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

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

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

They must then apply for their Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. cards as your family members within 3 months of arrival. You can do this either if you already have your own Art 50 EUV card, or alternatively you can apply for the whole family at the same time – there is no fixed recommendation in this regard – so you may choose either way, depending on what is more convenient for you. Confirmations of application will be issued to cover the period until their cards come through.

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

Can my family members become right holders themselves?

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

I am not married or in a registered partnership, can my partner still come?

If you are in a so-called durable partnership and you partner was living in Austria 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., they 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   with you as the right holderRight Holder This is the person who was resident in Austria before 2021 and in their own right is covered by the WA.  Family members who do not themselves hold independent residency rights derive their right from this person., as long as you stay together and they remain in Austria.

If your partner was not living in Austria before the end of the transition period, they will not have any automatic rights, but Austria must “facilitate entry and residence in accordance with its national laws”. This will involve extensive examination of your personal situation, for which you must be prepared to provide proof. If accepted, your partner can come under the Withdrawal Agreement. If not accepted, they will have to apply as a third country national3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states. (3CN3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states.).

I am a lawyer and Austrian law does not permit me to practice law as a third country national. What should I do?

Amendments of the Rechtsanwaltsordnung and the EIRAG (the law that allows “passporting” of lawyers) are currently in public consultation. The main thing to do at this time is to check that you are entered into the Liste der Rechtsanwälte or Liste der Rechtsänwaltsanwärter through your local Rechtanwaltskammer. Subject to a trade deal being signed between the UK and the EU, British citizens will remain equivalent for the purposes of these laws.

Information on the gov.uk Living in Austria site

I am operating an AirBnB property or similar. Do my guests need to get a Meldebestätigung?

Owners of AirBnB properties or similar room rental services are required to operate a register of guests (Gästeverzeichnis) for guests staying short-term. Only in the case of guests staying for more than two months are they required to do their own 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. (confirmation of registration).

Stadt Wien information in German about the Gästeverzeichnis.

Where do I go to get my Meldebestätigung in Vienna?

If you have just moved to Vienna, the first piece of paperwork to do is 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., to be done within three working days of arrival. You do this at the MeldeamtMeldeamt Births, marriages and deaths as well as the registration of your place of residence are done at the Meldeamt. It is often housed within the local council buildings. for the district that you live in. Note that not all districts have their Meldeamt in the same district.

Stadt Wien information in English about the Meldeservice.

What are the Emergency Numbers for Vienna?

In addition to the three main emergency services there are a number of other emergency numbers that are manned around the clock. The full list can be found at: https://www.wien.gv.at/english/contact/emergency.html

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 Britis in Europe has some great guides to the WA

What future prospects exist of Austria allowing dual citizenship?

Note: this relates to dual citizenship by naturalisation (durch Verleihung). Children of parents of two citizenships, of which one is Austrian (e.g. Austrian mother and British father) may now hold dual citizenship by descent (durch Abstammung).

From September 2020 there has been the possibility for (re)acquiring citizenship by declaration (durch Anzeige) for the victims of persecution under the Nazi regime (who fled Austrian up until May 1955) as well as for their direct descendants. The party submitting the declaration is not required to renounce their previous citizenship in this case. The only other case of dual citizenship being allowed through naturalisation is where citizenship is awarded in the interests of the Republic of Austria (Verleihung im Interesse der Bundesrepublik Österreich).

There have been several initiatives to try to allow dual citizenship, predominantly for Austrians wanting to take a second citizenship and maintaining their Austrian citizenship. This is already possible by exercising a right to retain Austrian citizenship (Beibehaltungsrecht), although the justification to do needs to be well substantiated rather than perceived as trivial.

Any such change would need amendments to be made to Austrian law and therefore require significant political backing since the process would have to make its way through parliament, and many Austrian political parties are not known to be in favour of any relaxation of the law.

It is infeasible that such a landmark change to the law would be made for a single country, and political sensibilities might be particularly averse to any relaxation for citizens from third countries.

Can a minor naturalise as an Austrian citizen?

Articles 10 to 24 StbG cover naturalisation by a minor (ie. up to the age of 18). Under certain circumstances there are possibilities for naturalisation while still a minor, but they depend on specific circumstances including schooling. Including a child on a parent’s naturalisation (Verleihung durch Erstreckung) is the more common approach, since if the child is naturalising there may be consent issues if the child naturalises while their parents do not. For example in the case that the child is born to divorced parents, permission may be needed from both parents for naturalisation, and even children from an intact marriage require the consent of both parents.

If I become an Austrian citizen, do I have to do military or alternative civilian service?

Austria still has compulsory military service (Wehrdienst) or alternative civilian service (Zivildienst) for all male citizens deemed fit for call-up (tauglich) up to the age of 35. So you would be required to complete military or alternative military service were you naturalise before the age of 35. In some circumstances you may be exempted from military service if you have already done it in the country you previously held citizenship of (Britain has no national service, so this would not apply).

In order to do alternative civilian service instead of military service you have to specifically submit a declaration in advance that you wish to not do military service for conscientious objection reasons.

Someone I know obtained Austrian citizenship through marriage, can I apply too?

This situation applied previously, but no longer does. The chances are that your acquaintance married prior to 1985. The Staatsbürgerschaftsgesetz 1965 (repealed 1984/5) stated in Article 9 that a spouse could receive Austrian citizenship by marrying an Austrian (source: Stammfassung StbG 1965 https://www.ris.bka.gv.at/…/1965_250_0/1965_250_0.pdf) without any mention of the need to give up their British citizenship.There was only a requirement for the marriage to be intact “am Tisch und im Bett“. This legislation was however repealed in 1984/5 and the current version of the Staatsbürgerschaftsgesetz 1985 does not contain such a provision.

I am a British citizen and will be giving birth to a child in Austria. Will my child be an Austrian citizen?

Austrian citizenship is conferred by descent (lex sanguinis) rather than by place of birth (lex soli). If neither parent is an Austrian citizen, the child does not have a claim to Austrian citizenship. If you are married to an Austrian, or the acknowledged father of the child is Austrian, they will be able to take Austrian citizenship by descent.

What is the procedure for claiming Austrian citizenship by declaration?

A recent amendment to the Staatsbürgerschaftsverordnung 1985 covers the practical handling of acquiring citizenship by declaration, a method that allows Austrians who fled before May 1955 for reasons of persecution or their direct descendants to obtain Austrian citizenship without having to renounce British citizenship (in contrast to the conventional naturalisation procedure).

The declaration is to be made to the competent representative authority in writing or in written form, accompanied by original documents and copies of them. In the case of someone resident in Austria they make the submission through the municipal office in the Gemeinde in which they live. For persons applying from overseas, it is done through the consulate or the official representation in the country they are resident in.

The copies will be checked against the original documents and their likeness confirmed using a stamp. Documents in languages other than German may be required to be translated and made be required to be submitted as notarised copies.

Required documentation will include a valid travel document, the birth certificate of the party submitting the declaration, a current passport-sized photo, and certificates and other proof required to corroborate the declaration.

Where the declaration is for a direct descendant, further paperwork may be required to corroborate their declaration, typically:

  • proof of relationship (e.g. birth certificates, marriage certificates, papers about divorce or civil partnerships, and as necessary the dissolving of such a civil partnership).
  • proof confirming paternity, death certificates, proof of name changes, registration documents, documents about benefits, welfare measures or compensation measures under the Victims Welfare Act, documents on the restitution of seized assets under the State Treaty Implementation Act, documents on the receipt of benefits from the fund under the Assistance Fund Act.
  • Certificates, documents or other evidential means that prove that the ancestor had acquired citizenship, or would have been able to have done so.

Where it can be proven that the necessary items of documentation cannot be obtained, and the party making the declaration can be determined on the basis of other supporting documents then documents that cannot be obtained will not be required. In extreme cases investigative procedures may need to be conducted to ensure that identity can be proved indisputably. Similarly, documents may not need to be submitted in the case that the information is already held in the central citizenship register (ZSR) or similar registers, that can be inspected by the authorities.

How does acquisition of Austrian citizenship by declaration work?

Austrian citizens or citizens of a successor state of the former Austro-Hungarian monarchy, who were forced to leave Austria prior to 15 May 1955 for reasons relating to their race or for political reasons, and who subsequently lost their Austrian citizenship as a result of taking up a foreign citizenship may reacquire Austrian citizenship by declaration (durch Anzeige), as set out in §58c of the Austrian Citizenship Act (StbG 1985; Staatsbürgerschaftsgesetz 1985).

Possible reasons for being forced to leave Austria may have been:

  • Persecution by bodies of the Nazi party, or
  • Persecution by agencies of the Third Reich, or
  • (Fear of) persecution due to their support for the democratic Republic of Austria.

Since 1 September 2020, the direct descendants of such cases have also been entitled to acquire Austrian citizenship by declaration.

Foreigners considered as putative Austrians (Putativ-Österreicher) who would have been Austrian citizens by descent (kraft Abstammung), in the case of their paternity subsequently showing that they were not descendants, are able to acquire citizenship back-dated to the date of their birth by means of a declaration. Acquisition of Austrian citizenship by declaration does not necessarily require the person to renounce their previous citizenship.

Since under this circumstance citizenship is granted upon the declaration to the authority, it is recommended to check in advance with the competent authorities of the country you were citizen beforehand, whether in such a case you would lose your current citizenship (in the case of the United Kingdom, where dual citizenship is permitted, there is no impediment to holding both citizenships when acquiring Austrian citizenship under these circumstances).

Do I need to change/update my proof of residence if my employment/educational circumstances change?

§51 (2) of the Settlement and Residence 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.) covers the situation of retaining a right to remain for citizens of EEA signatory states in the event that their lose their job, so that if you obtain your 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. as an employee or self-employed that you remain “erwerbstätig” (i.e. having employed status) under certain circumstances:

  • Due to incapacitation due to an accident or illness
  • Due to being laid off (your employment terminated) after being employed for over one year (provided that you sign on with the unemployment office (AMS)
  • You commence vocational training related to the previously held position.

Note: for employment relationships of under one year but over six months, a shorter employment relationship (of at least 6 months) will be considered on a pro rata basis.

If this occurs, you should inform the AMS as well as also the residency authorities (Bezirkshauptmannschaft or 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. (Vienna)) as soon as possible after the change in circumstances.

If you change from being employed to studying full-time (and have the means to support yourself and the necessary health insurance coverage), you are deemed to be changing from one eligible group to another one, you should inform the residency authorities of this. This would ensure that there are no doubts that your right to remain in Austria was legal both at the point of your receiving your Anmeldebescheinigung as well as currently following changes in personal circumstances, in say the event of applying for a “Bescheinigung des Daueraufenthaltes” (you would probably be asked to prove your student status as well as your situation in terms of finances and insurance coverage).

Thanks to staff from Vienna Business Agency’s Expat Center for their assistance in providing this answer.

From when does the five years legal residency start?

The background to this question was that there have been apparently divergent experiences about the 5-year qualification period for various British citizens in Austria in various provinces (from responses to questions 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  ). Some were told that the five years residence would only begin from the date of issuing of their 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., while others were told from their MeldebestätigungMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration. (which straightaway could make a difference of 3-4 months if both were done promptly). In the case of those with “Neuen Selbständigen” employment status, then it is also possible that the date upon they registered their business activity with their local tax office (Finanzamt) could be applied.

We raised this issue that was escalated to the Ministry for the InteriorBundesministerium 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 received the response that in the case for example of the work starting date (either as employed or self-employed) being earlier than the date of the Anmeldebescheinigung, then the earlier date shall apply.

We would recommend in this case (and in the event that you forget to do your Anmeldebescheinigung on time) that you should get hold of a Versicherungszeitenauszug from the SVS or your insurance provider, that would confirm the date from when you have been paying insurance contributions in, which could prove your case. Otherwise your employer can give you a copy of your social insurance registration (if you have changed job in the meantime, you might need to ensure that you have all such documents (e.g. for registration and de-registration) to prove your legal residence.

What is a regulated profession?

A regulated profession is one where a qualification or certificate of proficiency is required. These include e.g.: health professionals, architects, lawyers, doctors, or any of those professions performed on a commercial basis.

What is nostrification?

Nostrification (Nostrifizierung) is the accreditation process of deeming a foreign degree to be equivalent to an Austrian one. This not only includes checking that your concluding your course ties in with completing an Austrian degree course, but also relates to the rights and obligations arising from holding a specific course of studies or a degree (e.g. the right to use your academic title or an authorisation to practice in certain jobs).

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.

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.

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 health 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./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.

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 health 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 area).

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.

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. 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. 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 teh 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).

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. 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).

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.. If you arrive in the country in the last few months/weeks/days before 31 December 2021 get these quickly!

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. 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. as a family member; birth certificate

How to apply for the Article 50 EUV card

  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. (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. (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).

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.. 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).

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.) 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.

How many places of residence (Wohnsitze) can I have?

While there is no restriction to the number of places of residence that someone can have, it is only possible to have one principle/main place of 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.). You can have more than one 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. (e.g. an apartment in a ski resort, a house by a lake, a bolthole in the city), and there is no limitation on the number of provinces you have them in. Some provinces do place restrictions on the acquisition of property by foreigners purely for recreational purposes (i.e. use as Nebenwohnsitz for say only a couple of weeks per year).

What is the Brexit-Durchführungsverordnung?

The 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) is the Regulation/ordinance in Austrian law that will cover issues about residency for British citizens 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.. It contains information about the application process for the new residency document, 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.” that will be issued from 1.1.2021 to British citizens in Austria who are legally resident.

When will the Brexit-DV enter into force?

The consultation period for 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. runs until 22 October 2020, and then after appraisal (Würdigung) of any submissions about its wording, the revised draft will be approved, The appraisal may take between a few days and a few weeks. The finalised version will enter into force date on the day that it is signed by the issuing 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.) and its subsequent publication in the BundesgesetzblattBundesgesetzblatt The Bundesgesetzblatt (Federal Law Gazette) is the repository where all Austrian law at national/federal level is published. The most common types of publications are Gesetze (laws/acts) and Verordnungen (regulations/ordinances issued by ministries and authorities on the basis of powers provided to do so in laws..

Search for publications in the Bundesgesetzblatt from 22.10.2020 onwards (only for legal acts of the type “Verordnung”)

How many Britons live in Austria?

Statistical information about the number of Britons living in Austria has been taken from the Statistics Austria website.

British Citizens in Austria:

As of 1.1.2020, there were 11,177 British citizens living in Austria.
Of these 6,545 are male and 4,632 are female.

Breakdown by age:

0-56-1415-1718-2425-3435-4950-6465+
4397131597121,9513,0082,6681,527
Breakdown of Britons in Austria by age

Breakdown by province (Bundesland):

British Citizens in Austria 2020 - broken down by province
Breakdown of British citizens in Austria by province
BKSStTVW
1436001,2337931,0619571,5913414,458
Breakdown of British citizens in Austria by province (Bundesland)

Official Statements

Official information for UK nationals moving to and living in Austria, including guidance on residency, healthcare, driving and 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  . …

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