Does my Austrian Article 50 residence permit allow me to work elsewhere in the EU?
Answer
The strict answer is NO! Following Brexit, British Citizens no longer enjoy EU Freedom of Movement Rights. Your 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 rights are only in your host state (i.e., Austria). An Austrian Article 50 residence permit does not give you any working rights elsewhere in the EU.
However, if you are employed by an Austrian company (or Self Employed in Austria) you may carry out limited business-related activities such as attending meetings or attending training courses in other EU States.
You may also be temporarily seconded (max 90 days) by your employer to work elsewhere in the EU. You will however need to follow any country specific guidance around the Vander Elst rules (e.g. Visa is required for Germany).
For those with a 5-year Article residence permit you also need to be particularly aware of the absence rules (max 6 months in any 12-month period). In addition, if you live in Austria you need to maintain a valid 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 policy in Austria, failure to do so may count as absence.
For further advice people are recommended to contact Your Europe Advice
Known Exceptions
There are some known exceptions to this:
- 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". – If you were working and registered as a Frontier Worker prior to 1st January 2021, you can continue to do so.
- EU spouse/registered partner – You do enjoy limited EU Freedom of Movement Rights with your EU Spouse/partner. Provided they move with you to the other EU country.
- Ireland – You may live and work in Ireland by virtue of the Common Travel Area (CTA).
Switzerland
Switzerland is not in the EU but has started to negotiate a Free Trade Agreement (FTA) with the UK in May 2023. In the meantime this site might provide some useful information for those wanting to work there.
Useful Links
- Article 50 Absence rules
- Q9 Schengen Visa Waiver Travel
- Frontier Worker
- Privatier Health Insurance Policies
- British in Germany Visa Post
- Vander Elst Visum DE
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How many British citizens live in Austria?
Statistical information about the number of British Citizens living in Austria has been taken from the Statistics Austria website.
British Citizens in Austria:
As of 1.1.2023, there were 11,002 British citizens registered as living in Austria (compared to 11,225 as of 1.1.2022). In order to be counted, persons must have been continuously registered with a main residence in Austria for more than 90 days around 1st January. From 2020 data 6,545 were male and 4,632 were female.
The diagram below illustrates the totals over the years:
Note: According to 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. figures for December 2022, there were 9,576 British Citizens with a residence permit. Excluding diplomats and those who fail to un-register, the difference between the two figures cannot be explained.
Breakdown by age (2020):
0-5 | 6-14 | 15-17 | 18-24 | 25-34 | 35-49 | 50-64 | 65+ |
439 | 713 | 159 | 712 | 1,951 | 3,008 | 2,668 | 1,527 |
Breakdown by province (Bundesland):
B | K | NÖ | OÖ | S | St | T | V | W |
156 | 598 | 1235 | 785 | 1,098 | 881 | 1,546 | 327 | 4,376 |
Compared to 2022, all provinces have seen a decrease in numbers with the exception of Vienna which has had a slight increase (3). The diagram below illustrates the totals by province:
Useful Links
- Statistik Austria Population by Citizenship/Country of Birth
- Statistik Austria Bevölkerung nach Staatsangehörigkeit/Geburtsland
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How can I fly to and from Austria?
Vienna International Airport (VIE) is Austria’s main international airport and in served directly and indirectly year round from the UK. The frequency of flights in liable to seasonal (winter/summer) fluctuations. Internal flights operate to Innsbruck and Klagenfurt from Vienna.
Graz, Linz and Salzburg airports previously had connecting flights from Vienna, but these cities now enjoy regular ÖBB services directly from Flughafen Wien Bahnhof to Salzburg Hbf, Linz Hbf and Graz Hbf. There are direct trains to/from Klagenfurt Hbf from Wien Hbf, as well as changing from Graz-bound trains at Brück an der Mur.
Regional Airport Services to the UK
Graz Airport does not have any direct flights to the UK, but there are connecting flights to Frankfurt, Munich and Amsterdam.
Direct flights from Gatwick Airport serve Innsbruck airport, with flights daily in winter, and currently four times a week in summer. Otherwise you can fly via Frankfurt or Vienna.
Klagenfurt Airport has Ryanair connections (both direct and indirect) to the UK, with seasonal variations in frequency, including direct flights to London Stansted.
Linz Airport does not have any direct flights from the UK, but does fly to Düsseldorf and Frankfurt, which may provide convenient connections.
Salzburg Airport has direct flights to London Stansted as well as range of indirect connections to various parts of the UK.
Airports in neighbouring countries that may also have flights
Bratislava Airport has a number of flights to and from the UK. It is just over an hour away from Vienna.
Brno in Czech Republic has some direct flights to and from London Stansted.
Ljubljana Airport is about an hour from the Austrian border.
Memmingen Airport has indirect connections to London Stansted.
Munich Airport is about an hour from Salzburg, and is also a convenient hub for Tyrol.
Zurich Airport has rail connections through to Western Austria.
Regional Airports – Destination Maps
- Flughafen Graz
- Flughafen Innsbruck
- Flughafen Klagenfurt
- Flughafen Linz
- Flughafen Salzburg
- Vienna International Airport
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What differences are there in UK S1 coverage depending on when I arrived in Austria?
Question: If I have my healthcare funded in Austria via the UK (e.g. Pensioner with a UK S1), is there a difference between the S1 coverage for those who move to Austria after 31 December 2020?
Answer: The rules changed on 1st January 2024 and so S1 coverage in England is now the same. Scotland, Wales and Northern Ireland may have different rules
The table below illustrates the main differences between those that are covered by the Withdrawal Agreement (arrived in the EU on or before 31 December 2020) and those who are covered by the EU-UK Trade and Co-operation Agreement (Arrived in the EU after 31 December 2020).
EU Residence Type | UK NHS Coverage | UK EHIC/GHIC Card |
In the EU before 31 December 2020 | FULL NHS coverage in England, the same as a UK resident whilst visiting England provided they travel with the S1. Scotland, Wales and Northern Ireland may have different rules. | Can apply for a UK supplied EHIC card |
Arrived in the EU after 31 December 2020 | Since 1st January 2024, same as above in England. Scotland, Wales and Northern Ireland may have different rules. | Can apply for a UK supplied GHIC card |
Following some further investigative work, here is our current understanding for all the nations in the UK
Home Nation | S1 Coverage |
England | Since 1st Janaury 2024, full NHS coverage for primary and secondary care irrespective of 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 status |
Scotland | From 1st January 2021, only GP services, emergency treatment in an A&E or casualty department and treatment for a range of infectious diseases, including covid. |
Northern Ireland | Medically necessary treatment (the need for which arose during the visit only) when visiting Northern Ireland, however there is no provision for UK S1 holders to access publicly funded planned healthcare when on a short term visit. |
Wales | Full coverage for Withdrawal Agreement beneficiaries with an S1. GP services and access to emergency treatment for those who arrive in the EU after 31st December 2020. ( Ref. para 6.83 and 6.84 of the Welsh Governement Guidance on implementing EU Exit amendments to the Overseas Visitors Charging Regulations, February 2023) |
Note 1: A UK supplied EHIC/GHIC card is NOT valid for treatment in the UK; whereas an Austrian supplied EHIC card (back of e-card) is valid in the UK
Note 2: If you receive a UK State Pension AND a pension from the country you have moved to (e.g. Austria), you may not get an S1 form. This is because the country you live in is responsible for your healthcare.
Travel Insurance
Regardless of your S1 status, if you live in Austria and travel to the UK, you should always take out dedicated travel insurance. Your UK EHIC, GHIC or S1 will not cover everything. Specifically it does not cover:
- Travel cancellations
- Theft
- Repatriation
Useful Links
- NHSBSA Guidance S1 Coverage in the UK (mainly England)
- .gov.wales Guidance on implementing EU Exit amendments to the Overseas Visitors Charging Regulations
- .gov.wales Overseas Visitors and the NHS
- Overseas Visitors Cardiff and Vale University Health Board
- Provision of Health Services to Persons Not Ordinarily Resident Regulations (Northern Ireland) 2015
- The Health Services (Cross-Border Health Care and Miscellaneous Amendments) (Northern Ireland) (EU Exit) Regulations 2019
- The National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989
- The Cross-border Health Care (EU Exit) (Scotland) (Amendment) Regulations 2020
- NHSBSA Guidance GHIC and EHIC
- NHS.uk – Visitors from EU countries, Norway, Iceland, Liechtenstein or Switzerland
- NHS Overseas Services Contact Us
- NHS Overseas Services Knowledge Base
- Facebook – NHS Overseas Healthcare Services
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Can non-EU spouses/registered partners of EU nationals move to Austria to live with them permanently?
Question: I am the non-EU spouse/registered partner of an EU national. Can I move to Austria and live with them permanently for more than 3 months?
Answer Yes, provision under EU and/or Austrian national law exists for you to join them under family re-unification rules. Certain criteria apply regarding healthcare, income, etc.
For spouses/registered partners of Austrian nationals, there are TWO sets of rules, depending on whether or not the Austrian national themselves previously exercised their rights under EU Freedom of Movement (FoM) rules (i.e. lived in another EU country outside Austria for more than 3 months). This should include any periods in the UK up until 31st December 2020.
If the Austrian spouse/registered partner has NOT exercised their right under EU FoM rules, Austrian national family re-unification rules apply including proof of German language skills (A1). However, restrictions may apply on how long family members can stay in Austria during the application process. In the case of UK nationals, this is 90 days visa-free. A “Familienangehörige” residence permit should be issued.
Austrian nationals who exercised their rights under EU FoM rules and other EU nationals fall under EU family re-unification rules. It should be possible for family members to stay in Austria until the application has completed. The legal basis is Article 54 NAG. An Aufenthaltskarte should be issued.
These rules apply to a spouse, registered partner and direct descendants under the age of 21.
Limited provision also exists for other family members outside this group. Fortunately, this includes for dependent (financially) direct relatives in the ascending line (parents, grandparents, great-grandparents) and Life Partners (not always easy to prove).
Life partners in particular should note the restrictions around the Settlement Permits and working. Life Partners of EU Nationals may initially only be allowed to carry out Self Employed activities. Life partners of Austrian Nationals are initially not allowed to carry out any any work, including Self Employment.
Note 1: If coming from the UK, you may require an ACRO Police Certificate.
Note 2: A UK EHIC/GHIC is not proof of sufficient healthcare.
Useful Links
Mobility of EU citizens and their family members within the EU
BMI – EEA nationals, Swiss nationals and their third-country family members
Aufenthaltstitel “Familienangehöriger” – Antrag
General information Registered Partnerships Austria
Settlement Permit (“Niederlassungsbewilligung”)
Working in Austria Immigration Guide – Non EEA Family Integration
Working in Austria Immigration as a Family Member of an Austrian
Working in Austria Residence for EU/EEA Nationals
Proof of German language skills
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How do I obtain a refund for an Article 50 card application that was overcharged for my child?
In July 2022, an amendment to the Gebührengesetz reduced the charge (Gebühr) for an Art 50 TEU card application by a minor from EUR 61.50 to EUR 26.30. More importantly the change was made retroactively with effect from 1 January 2021 (i.e. thereby covering all applications made for the Article 50 TEU card).
For whom does the new reduced rate apply?
The new reduced fee is applicable for all Article 50 card applications by applicants under the age of 16 (whether initial applications, e.g. for a newborn baby that is the child of a cardholder, or a child/minor under the age of 16 on the day of the application being submitted, or any renewal prior to turning 16). The new fee also applies for replacement cards, provided that the cardholder has not reached the age of 16 before applying for their replacement card.
When does the new rate apply from?
The new rate has been applied retroactively from 01.01.2021, meaning that any previous applications made before a child’s 16th birthday, with the cut-off point being the date the application was made, are also covered.
How do I get a refund for an application made prior to the amendment of the Gebührengesetz?
The Ministry of the InteriorBMI The Bundesministerium für Inneres (BMI) - Austria's Ministry for the Interior - is the competent ministry for issues related to residency and citizenship. (as the competent ministry for residency law) together with the Ministry of Finance (as the competent ministry for the Gebührengesetz) have confirmed the following procedure for a refund:
Any minor (at the time of application) who was incorrectly charged EUR 61.50 (the adult fee) for their Art 50 TEU card application can receive a refund for the amount of the difference.
The application is required to be submitted in writing (by letter and not by e-mail) to the Finanzamt Österreich – Dienststelle Sonderzuständigkeiten.
Address:
Finanzamt Österreich – Dienststelle Sonderzuständigkeiten
Postfach 222,
1000 Wien
The application for a refund must contain the following details:
- Documents that prove that the (incorrect) fees were paid. These are likely to be the receipt from the authority where you applied, and an bank account transaction statement.
- The case number (Geschäftszahl) of the application and the date of the application
- The name of the competent authority that collected the fees (e.g. local Bezirkshauptmannschaft, the Brexit Referat at MA35Magistratsabteilung 35 Residency and citizenship issues in Vienna are handled by Magistratsabteilung 35 (MA35). It has several offices in Vienna and where you need to go depends on whether or not you are an EU citizen (you go to one or other of its EU Referat offices depending on the district you live in), or its premises for third country nationals.)
- The applicant’s bank details (Name of account holder, IBAN number)
- The applicant’s name and address and signature. In the case of a child/minor, a parent/guardian should state that they are applying on behalf of the applicant.
To make the application process easier, we have drawn up a template letter in German that can be submitted.
The BMF website contains further information (in German only) at: https://www.bmf.gv.at/themen/steuern/steuern-von-a-bis-z/gebuehrengesetz/Verfahren-zur-Entrichtung-der-festen-Geb%C3%BChren-durch-den-Geb%C3%BChrenschuldner.html.
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What does the (Austrian) EHIC card cover?
The Austrian EHIC card provides “medically necessary” treatment in state-provided healthcare during a temporary stay in any of the 27 EU countries, Iceland, Liechtenstein, Norway, Switzerland or the UK.
The UK EHIC/GHIC card has similar coverage in Austria, but please remember it is NOT an acceptable policy for permanent residency purposes. Also when you become permanently resident in Austria, your UK EHIC card is no longer valid (unless covered by a UK S1)
Please also remember it is NOT a substitute for adequate travel insurance (e.g. does not cover repatriation, helicopter transfer to a hospital following injury on a ski slope).
An EHIC card also is unlikely to cover any Private Healthcare treatment including ambulances.
Further information:
European Commission page on EHIC cards (the “benefits covered” link contains information about restrictions).
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Can an Article 50 card application/renewal be made without a valid British passport?
Issuing an Article 50 card requires a valid British passport to complete the procedure. However, you can still apply if you have proof of having applied for a new British passport.
This issue crops up in a couple of common circumstances:
- Application for a card for a newborn baby (application required within three months of birth/arrival in Austria).
- Conversion from a five to a ten year card (although you could wait to convert your card in this case).
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. has informed us that you only need to have proof that you have applied for a new passport when you submit the Article 50 application. Submission of the new passport concludes the application procedure.
As previously advised, 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.) is not acceptable for the initial application process.
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Can my child born after 2021 also get an Article 50 card?
Children born after 31.12.2021 qualify for an Article 50 card.
- The Article 50 card holding parent(s) must still be legally resident in Austria. They must be a Full rights holder.
- You must apply within three months of the child’s birth. For children born in another country, the application deadline is three months after the baby’s arrival in Austria).
- If a local authority declines your application, please advise us via the form below. We will ensure that 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. contacts the authority to ensure their correct understanding.
- If your child does not have a passport when applying, show proof of application for a British passport for them. Submission of the passport is necessary to conclude the procedure.
This has also been documented on the BMI Brexit website in English – “When and where do my family members need to apply?” and in German – “Wann und wo müssen meine Familienangehörigen den Antrag stellen?“
If you have problems, let us know and we will pass on your information to the BMI.
Legal basis: Article 3 para. 3 Brexit-DV
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When can I convert my five year Article 50 card to a ten year one?
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. has advised the following regarding the change from a 5 year Article 50 card to a 10 year card (DaueraufenthaltstitelDaueraufenthalt Daueraufenthalt simply means permanent residence. If you have permanent residence rights, usually from having been legally resident for 5 years, you are eligible for a 10 year residency permit.):
- Conversion is possible as soon as you have completed the necessary qualifying period. The qualifying period is usually five years continuous legal residence. There is a shorter period for those retiring previously employed in Austria immediately prior to retirement.
- The same fee applies as for an initial application (i.e. EUR 61.50 and any sighting fee levied (typically EUR 14.30)).
- If you are applying for children, the fee is now EUR 26.30. The Ministry of Finance recently amended legislation regarding the fees that apply. Refunds can be applied for if you paid EUR 61.50 for the application for under 16s.
- Applications to convert five year to ten year cards must be made BEFORE the five year card expires.
Source: British in Austria correspondence with BMI (May 2022) and follow-up in July 2022.
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I still haven’t received an Article 50 card. What can I do?
The Ministry of the InteriorBMI The Bundesministerium für Inneres (BMI) - Austria's Ministry for the Interior - is the competent ministry for issues related to residency and citizenship. already contacted the relevant authorities in early Spring to urge them to swiftly conclude any outstanding Article 50 card applications.
For applications made 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. have requested the conclusion of procedures by 30 June 2022 (i.e. within six months of applications). Further monitoring will take place.
The Ministry has advised that a number of the delayed procedures have been due to incomplete submissions of documents. In a few cases, discretion has been exercised to allow the issuing of a 10 year card (DaueraufenthaltstitelDaueraufenthalt Daueraufenthalt simply means permanent residence. If you have permanent residence rights, usually from having been legally resident for 5 years, you are eligible for a 10 year residency permit.).
We advise:
- Contacting the authority (typically a Bezirkshauptmannschaft (Exception: Vienna: 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.)).
- Checking your e-mail account and spam folder (we heard of cases where applications were delayed as people didn’t notice a mail)
If your procedure has not yet been concluded, please contact us, we have good links to the BMI, who are willing to assist.
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What postal charges apply for gifts valued under € 45 sent by a friend/family from a third country?
From 1st July 2021 new regulations came in to effect, for all parcels from third countries (including the UK), resulting in three potential charging elements:
- Postal Service Processing Fee
- VAT
- Duty
In all cases the postal service processing fee must be paid, which starts at €5 for small value items. We understand that VAT and Duty should not have to be paid if the requirements of Article 1 of Directive 2006/79/EC have been satisfied:
- Goods in small consignments of a non-commercial character sent from a third country by private persons to other private persons in a Member State shall be exempt on importation from turnover tax and excise duty.
- For the purposes of paragraph 1, ‘small consignments of a non-commercial character’ shall mean consignments which:
(a) are of an occasional nature;
(b) contain only goods intended for the personal or family use of the consignees, the nature and quantity of which do not indicate that they are being imported for any commercial purpose;
(c) contain goods with a total value not exceeding EUR 45;
(d) are sent by the sender to the consignee without payment of any kind.
This Directive has been transposed into Austria law in Article 25a-c of the (UStG 1994; Umsatzsteuergesetz 1994)
To Note:
- Proving something is in fact a gift consignment may be difficult and is open to interpretation by both parties.
- No such exemption exists for non-gift postal items or where it is from one business to another (B2B) or from a business to a consumer (B2C).
- You may also get charged a storage fee if there is a dispute over value
- Post from Northern Ireland should be treated like it is coming from the EU (ref Northern Ireland Protocol)
Complaints
Complaints should be referred to the Austrian Customs Administration, referencing the appropriate Austrian legal text and links. You may need to pay upfront and ask for a refund.
Contact:
Phone +43 50 233 729
Email zollinfo@bmf.gv.at
Non-Gift Items
The actual costs associated with non-gift items are difficult to quantify and depend on many factors, such as:
- Whether the supplier is registered as an Internet One Stop Shop (IOSS).
- Where the goods are coming from.
- Value of the goods.
- Type of goods involved.
- The courier used and postage costs
- Courier’s processing fee.
Please use the links below including the TARIC database to look up the specific details.
Useful Links:
Post.at – Import customs clearance
Post.at – Customs import – changes effective 1 July 2021
https://www.post.at/en/p/c/import-2021
BMF – FAQs concerning new e-commerce regulations from 1 July 2021
See bottom of page 7 of the European Commission’s – IMPORTATION AND EXPORTATION OF LOW VALUE CONSIGNMENTS – VAT E-COMMERCE PACKAGE “Guidance for Member States and Trade”
RTR (Postal Regulator) – https://www.rtr.at/TKP/was_wir_tun/post/postal_services.en.html
EU Customs Tariff (TARIC) Database
HMRC email updates, videos & webinars about importing and exporting
Legal Basis:
Umsatzsteuergesetz 1994 (UStG 1994)
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Can I get a pdf version of my child’s Covid-19 vaccination certificate?
Yes. You will need to have an activated Handysignatur that allows you to access gesundheit.gv.at to access your electronic 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 file (ELGA) and your child needs to be co-insured (mitversichert) through you. When you log into gesundheit.gv.at using your Handysignatur, you need to choose the option “In Vertretung einloggen” (log in representing someone else) – and then select “Vertretungsmodul” – Als Obsorgeberechtigte/r oder Sachwalter/in (i.e. for caregiver or legal guardian). You will be asked for their social insurance number (SV-Nummer), and then will be displayed as logging in on their behalf.
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How do I and my EU/EEA Family Members return to the UK for good? (Surinder Singh Route)
Since 1st January 2021, EU/EEAEEA The European Economic Area (EEA) consists of the 27 EU Member States as well as Iceland, Liechtenstein and Norway. The United Kingdom is not part of the EEA. Citizens no longer have an automatic right to reside in the UK (the exception being Irish Citizens who are covered under the CTA). They are classed as Third Country Nationals (3CNs3rd 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.).
If the British Citizen is a 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 beneficiary there is a deadline of 29th March 2022 for their EU/EEA family membersEU/EEA family member Family members of British citizens with a citizenship of an EU member state or EEA signatory state. to apply under the EU Settlement SchemeEUSS The EU Settlement Scheme is the scheme under which citizens of EU Member States as well as citizens of Iceland, Liechtenstein, Norway and Switzerland are able to apply to continue living in the UK following the UK's leaving the European Union. (Surinder Singh Route).
If accepted the EU/EEA family will be given pre-settled status (similar to the rights of a British Citizen with a 5-year Article 50 card in Austria)
If, however the British Citizen is not a Withdrawal Agreement beneficiary, or the application is made after the 29th March 2022 deadline, then the EU/EEA family members will have to apply under the standard UK visa system with associated costs and difficulty, including minimum income levels.
Please note that the Surinder Singh route is not an easy route and there have been reports on the BiE Facebook group of people experiencing difficulty with this process.
Help and assistance regarding the Surinder Singh applications can be obtained via this Facebook Group: Surinder Singh Route- EU Free Movement – Advice Centre & Support Group
Useful Links:
gov.uk – Apply for an EU Settlement Scheme family permit to join family in the UK
gov.uk – UK Family Visa
london.gov.uk – Pre-Settled Status
immigrationbarrister.co.uk – Richmond Chambers – Surinder Singh and the EU Settlement Scheme
immigrationbarrister.co.uk – Settled Status, Permanent Residence and Indefinite Leave to Remain
whsolicitors.co.uk – Surinder Singh
Disclaimer: the links above are provided for information services and do not constitute a recommendation of a specific law firm.
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Which professions are considered to have shortages?
A Regulation (Fachkräfteverordnung) defining occupations where there are shortages in the number of skilled workers is issued each year by the Federal Ministry of Labour in consultation with the Federal Minister of Economic Affairs. Which occupations are considered shortage occupations is based on current conditions in the Austrian labour market.
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What does the vaccination mandate look like for 14-17 year olds?
Update 22.01.2022
14-17 year olds are no longer subject to the vaccine mandate. The Impfpflichtgesetz applies only to adults from the age of 18.
Information about proposed inclusion of 14-17 year olds (no longer applicable).
In the consultation draft of the bill, 14-17 year olds were due to be covered by the forthcoming Covid-19 Impfpflichtgesetz (Article 1 para. 2) frequently dubbed “the vaccination mandate” provided that they were resident in Austria (either in the form of 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. or a Hauptwohnsitzbestätigung). From the draft version of the law that was sent out for consultation, there was a differentiation, depending on whether they themselves were deemed able to make the decision themselves (a concept known as “Entscheidungsfähigkeit” covered in Article 173a of the General Civil Code), or in the case that they were not, then their parents or guardians will be responsible for making the decision.
Britishinaustria.net will not enter into any discussion regarding interpretation of the legislation. This information is provided solely to advise about the existence of the consultation draft and the final legal text as a source for obtaining legal clarity, and to provide information for anyone seeking to make use of the exemption on justified medical grounds.
In case you are visiting this page looking for further information about Covid-19 vaccination in Austria, please check out the information provided in English by the ÖIF (information is provided in 17 languages).
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How are medical exemptions from the COVID-19 vaccine mandate handled?
Update 22.01.2022:
Wordings below changed to reflect passage through parliament and removal of provisions regarding 14-17 year olds.
Austria is introducing compulsory COVID-19 vaccination for residents aged 18 and over from 1 February 2022. The legislation (Covid-19 Impfpflichtgetz) waspassed by the Nationalrat (parliament) in mid-January 2022.
From the consultation draft of the Covid-19 Impfpflichtgesetz, Article 3 of the draft act contains information about the exemptions on medical grounds. From a quick read of this act:
- Exemptions on medical grounds are done by means of a written confirmation by a doctor, defined as being possible from a general practitioner, or practices of general practitioners, a specialist in internal medicine, psychiatry, dermatology or STIs, gynacology or paediatrician.
- Where done through a GP, such confirmations are required to be submitted to the centralised vaccinations register. An exemption from the obligation to be vaccinated will be entered only as “Ausnahme COVID-19-Impfung” (“COVID-19 vaccination exemption”) including the date until when the exemption is valid.
- The law covers the cases of “Genesen” (recovered) for a period of 180 days after this status is obtained. Regarding those exempted from vaccination due to the threat to general 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 or life, such exemptions are also offset by the existence of a choice of approved vaccines on offer.
- For vaccines not covered at the time of the enactment of the law there is the possibility for further ones to be added, or changes made in the light of emergence of new scientific facts.
- The explanatory notes to the consultation draft contain various case law considerations and the intention of the legislator.
Britishinaustria.net will not enter into any discussion regarding interpretation of the Covid-19 Impfpflichtgesetz. This information is provided solely to advise about the existence of the consultation draft and legal text as a source for obtaining legal clarity, and to provide information for anyone seeking to make use of the exemption on justified medical grounds.
In case you are visiting this page looking for further information about Covid-19 vaccination in Austria, please check out the information provided in English by the ÖIF (information is provided in 17 languages).
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I want to go off travelling in the future. What must I bear in mind regarding my residence status?
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. holders who do not hold a 10 year card (i.e. one marked DAUERAUFENTHALTSRECHT) need to take particular care when considering their options for going travelling. Here are a list of considerations to bear in mind if you hold a 5 year Article 50 EUV card:
- Applications for a new card must be made before the expiry of your current five year card, so do not plan your grand tour for the final three months of its validity.
- If you have not already satisfied the requirement of five years uninterrupted legal residence before you head off travelling, pay particular attention to how long you are away from Austria to avoid accidentally interrupting your residency. You may only be away for a period of 180 days in a rolling 12 month period if you hold the five year card. If your residence is interrupted by exceeding this, you will no longer be in 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 and you will not be able to get a new Article 50 card and will be handled like 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. (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.). Some limited exceptions apply, e.g. if you are studying in Austria and spend a year abroad studying, or if you travel for medical reasons (e.g. for medical treatment in the UK) for up to 12 months on a one-off basis.
- If you are unemployed / between jobs you should seek 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. advice about what travel is possible. In some situations, benefits may be dependent on your actively jobhunting and attending interviews and courses, and a dim view might be taken about going off travelling. Similarly you should also check that you remain covered for insurance purposes, to avoid a gap in insurance cover interrupting your residence, and impeding your qualifying for a ten year card.
- “Popping back” for a weekend in the middle of your travels to reset the clock won’t work. You will have to ensure that Austria remains the “centre of your vital interests”.
- If travelling within the Schengen areaSchengen Area The Schengen Area is European border control-free travel area, consisting of all EU Member States except for Bulgaria, Croatia, Cyprus, Ireland and Romania, as well as Iceland, Norway, Switzerland and Liechtenstein., remember that you can only spend 90 days in 180 outside the country of your residence.
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I left an item of luggage on a train, who do I contact?
ÖBB has a Lost and Found service. The form is available in German and English. The English version is at https://infrastruktur.oebb.at/en/contact/lost-and-found-form
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I was advised that I can expect a fine in relation to a breach of the Covid-19 Einreiseverordnung. What fines are possible?
Some people have received forms requiring them to provide information due to not having all/some necessary information when entering Austria from abroad. Some have claimed that they are unaware of there being fines in place for breaches of the Covid-19 Einreiseverordnung (Covid-19 EinreiseV).
While the sanctioning provisions are not contained in the text of the Covid-19 EinreiseV itself, they are clearly stated in the Epidemiegesetz. The Regulation was issued by the SozialministeriumSozialministerium 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 on the strength of the power being conferred upon it in Articles 16, 25 and 25a of the Epidemiegesetz (EpiG; Epidemic Act) to issue the Regulation.
Article 40 para. 1 lit. c EpiG states that breaches of Regulations enacted on the basis of the EpiG are classified as administrative offences (Verwaltungsübertretungen), and the sanctions are imposed in what is known as administrative penalty proceedings (Verwaltungsstrafverfahren), with maximum fines of EUR 1,450 or alternatively up to four weeks imprisonment in the event that there is no way of recovering the amount of the fine (known as an Ersatzfreiheitsstrafe).
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Can I get an Article 50 EUV card without a valid passport?
It is not possible to get 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. without a valid passport, but this should not deter you from applying:
- You can submit your application with a copy of your expired passport as well as a copy of proof that you have applied for a new passport. However the card will only be issued once you have a new passport and have submitted this information to the authority processing your card. In Vienna it is likely that MA35Magistratsabteilung 35 Residency and citizenship issues in Vienna are handled by Magistratsabteilung 35 (MA35). It has several offices in Vienna and where you need to go depends on whether or not you are an EU citizen (you go to one or other of its EU Referat offices depending on the district you live in), or its premises for third country nationals. will send you a letter asking for you to submit a copy of your new passport along with any other documentation they believe necessary for concluding processing.
- In this case, in light of the impending deadline for submission of an application, you should ensure that you receive a Bestätigung über die Antragstellung for your Article 50 card application. This is the confirmation that remains valid until the legally final conclusion of your application (including any appeals in the case that your application is rejected).
- You may be charged an additional sighting charge (of EUR 14.30) for the new passport submitted – there seems to be some discretion by issuing authorities in various precedents.
- Please note that the Article 50 card is neither a travel document in its own right or proof of British citizenship, it is merely a residence permit.
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How can I get my vaccine information into ELGA without an e-card or SV number?
This is particularly useful in connection with Covid-19 vaccinations to have your vaccination information added into your electronic healthcare file (ELGA). The easiest way is by sending an e-mail to:
vsnr-dringend@oegk.at
with a scan of your passport in order to request a temporary number for the purpose of uploading vaccine information. Once you receive your temporary number by e-mail you can take it to your Hausarzt (GP) or pharmacy to have vaccination information added.
H/T: Carol Black in the Facebook Groups
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What health insurance policies are accepted for “privatier” applications for the Article 50 card?
During 2021, the following 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 solutions have proven to acceptable for applications as a “privatier” 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..
There are three main options:
Austrian State Healthcare
The Austrian State Health Self Insurance scheme (ÖGK Selbstversicherung) which costs approximately EUR 495,58 (2024 value) per month is approved, provided there is no 6-month wait. There is a 6 month wait if you are unable to prove UK NI payments in the last 6-12 months (e.g CA3916) and you also need a Legislation Letter from the UK to prove that the NHS is no longer responsible for your care (not applicable for S1).
In order to join the scheme you need to contact your local branch of ÖGK and complete the forms.
If you are over the age of 65, this is likely to be your best option.
For spouses/registered partners of employees you can also look at co-insurance (Mitversicherung) which is provided by OeGK and BVAEB (depends on who insures the employee).
Notes:
- This may take time to set up and is reliant on information from the UK
- Discounts are available and there are options to add family members.
Private Healthcare
The only publicly available list of approved healthcare providers is the one provided by the City of Vienna which may not be the latest (i.e. some policies listed may no longer be valid). It lists policies from the following insurance companies: Generali, Wiener Städtische, Uniqa, Allianz, Care Concept, Donau Versicherung.
The Care Concept policy is one that can be purchased on-line and is called Care Austria 364 and can be purchased direct from Care Concept DE or from brokers. Some of the Uniqa policies can also be purchased directly via Feelsafe.
For the other providers you will need to contact an insurance broker.
From feedback from BiAthe 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 group members the following criteria apply to these policies:
- It must be for permanent residency (NOT a Visa Policy)
- It can’t mention the words “travel insurance”/ “Reiseversicherung”
- There must be no waiting period and no exclusions.
- Coverage must be similar to OeGK.
- It must be known to be accepted by MA35Magistratsabteilung 35 Residency and citizenship issues in Vienna are handled by Magistratsabteilung 35 (MA35). It has several offices in Vienna and where you need to go depends on whether or not you are an EU citizen (you go to one or other of its EU Referat offices depending on the district you live in), or its premises for third country nationals..
Notes:
- Some of these providers may be restrictive on ages and pre-existing conditions.
- Some of these policies may be 3-year minimum terms.
Other Options
For those in receipt of a UK State pension, the S1 route should be explored which means the NHS covers the cost. Posted workers also have options here.
NHS.UK – Moving Abroad – Planning your Healthcare
If you or your family are an employee or former employee of a special organisation (e.g. UN, OPEC) then your Cigna policy is also likely to be accepted.
Those who are unemployed are covered by AMSArbeitsmarktservice The Austrian Public Employment Service (AMS) is Austria’s leading provider of labour-market related services, and matches candidates with job openings and assists jobseekers and companies by providing advice, information, qualification opportunities and financial assistance. and for those on SVS (self-employed) coverage is also provided by OeGK.
Last Update: 21st March 2023
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My employer is nervous as I don’t have my Art 50 EUV card yet. What should I do?
We have had several people who had applied back in the summer 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 and it has yet to come through, and who have been chased up by HR at work or line managers who are unaware of the situation surrounding the Article 50 card.
We would advise furnishing the following two items (texts both in German) for your employer and providing them with a copy of the Bestätigung über die Antragstellung (confirmation that you have applied) 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..
- The 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. (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.) has an information page, and this page has already helped a number of Article 50 EUV card applicants assuage any fears. Importantly it states that you are only required to have applied for the card by 31.12.2021 – and that the Bestätigung über die Antragstellung remains valid until the conclusion of your procedure (and any appeal, in the event a card is not granted) https://www.ams.at/unternehmen/service-zur-personalsuche/beschaeftigung-auslaendischer-arbeitskraefte/brexit-informationen-fuer-staatsangehoerige-und-familienangehoerige
- The secondary legislation – the Brexit Implementation Regulation (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.; Brexit-Durchführungsverordnung) enacted by the Ministry of the InteriorBMI The Bundesministerium für Inneres (BMI) - Austria's Ministry for the Interior - is the competent ministry for issues related to residency and citizenship. (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.) clarifies the legal conditions for the application for the card and §3 (1) should be enough to satisfy your employer. https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20011419
Once you receive your card, submit copies of both sides of the card to your HR department and/or line manager. The reverse (back) of the card contains a remark that you have free access to the employment market.
In case they ask for Article 18 of the Withdrawal Agreement – a side-by-side version is available on EUR-LEX at: https://eur-lex.europa.eu/legal-content/EN-DE/TXT/?uri=CELEX%3A12019W%2FTXT%2802%29
In 2021, 9,458 applications were made for the Article 50 EUV card (a figure that includes non-British Angehörige who have also applied). As of 01.01.2021 there were 11,529 UK Citizens resident in Austria.
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Can I be called for Jury Service in the UK if I live in Austria?
Since jury service duty in the UK in linked to being on the electoral register, there is some concern that you may be called for jury service if you remain registered with your previous local authority for voting purposes. However, we have received reassurance from the Jury Central Summoning Bureau, that if you are registered to vote from in your previous constituency/ward from an Austrian address you should not be called for jury service.
Wanting to register to vote in the UK from Austria?
Do so online at: https://www.gov.uk/voting-when-abroad
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I am waiting for my Article 50 card and wish to spend time away from Austria. What must I do?
I applied for an Article 50 card in Vienna at the start of 2021 and received the application certificate, but have still not received the Article 50 card. Is there any way I can chase this up? I’ve tried contacting 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. with no luck. I might be leaving Austria next month but hope to be back next year to work – will I need to have received the card in order to do this?
If you have applied for residency in Austria and you have the documentation to confirm your application, you can use this to travel. MA35 have provided the following e-mail address to follow up on the progress of your Article 50 card: anliegen@ma35.wien.gv.at
Please state the following information:
- your individual case number in the subject line of the e-mail (it can be found on the Bestätigung der Antragstellung confirming your application);
- forename, surname;
- date of birth
Please note: for UK nationals granted long-term residence status (Daueraufenthaltsrecht) in Austria, the UK national can be out of/away from Austria for up to 5 years without it affecting your immigration status.
Otherwise, UK nationals who do not have long-term residency can only be out of Austria for 6 months (in special circumstance such as illness, pregnancy, study this can be extended to 12 months).
This question was adapted from a question raised at the British Embassy’s Outreach Q&A Session held on 23 September 2021. The full write-up of that event can be downloaded.
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What prospects for UK citizens in Austria exist for regaining freedom of onward movement?
Are British citizens 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
limited to the Austrian labour market? Are any efforts being made to allow these individuals to work in the EEAEEA The European Economic Area (EEA) consists of the 27 EU Member States as well as Iceland, Liechtenstein and Norway. The United Kingdom is not part of the EEA. freely as before Brexit? Being restricted to the Austrian market impedes career development options.
The Withdrawal Agreement only protects the rights of UK nationals in the EU country where they were living before the end of 2020. The Withdrawal Agreement does not cover the right to onward movement or the right to continue to move freely to other Member States.
A UK national covered under the Withdrawal Agreement in Austria wishing to move to another EU Member State to live/work, the UK national would be subject to the immigration rules in that EU Member State for third country nationals (3CNs3rd 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.).
This question was adapted from a question raised at the British Embassy’s Outreach Q&A Session held on 23 September 2021. The full write-up of that event can be downloaded.
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I’m resident in another EU Member State. Can I come to work in Austria as a ski instructor?
I live in another EU Member State where I have residence, and wish to work in Austria, where I previously worked as a ski instructor. My ski school has stated I would need to become an Austrian resident to continue working in Austria? I have an Austrian sports instructor qualification and have worked 8 years in Austria.
Unfortunately to work in Austria now you would need to apply for an employment permit/visa. UK nationals are treated identically to other Third Country Nationals (3CNs3rd 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.). Your employer would need to contact the AMSArbeitsmarktservice The Austrian Public Employment Service (AMS) is Austria’s leading provider of labour-market related services, and matches candidates with job openings and assists jobseekers and companies by providing advice, information, qualification opportunities and financial assistance. for a work permit, and then you would apply for a type D visa through the Austrian Embassy in the country you are resident.
Ski qualifications received in Austria prior to Brexit will continue to be recognised by Austrian skiing authorities.
This question was adapted from a question raised at the British Embassy’s Outreach Q&A Session held on 23 September 2021. The full write-up of that event can be downloaded.
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Is money that I hold with providers like Revolut, N26 or Wise covered?
It will depend on which product you hold with which provider as to whether it is covered or not. If you are using such services (e.g. to transfer money between the UK and Austria) that are operated by them as an electronic money institution, then your money will not be covered if left in the “account”. However, if you are using their banking services (i.e. where the “account” is a fully-fledged current account or savings account) you would be covered – we would always advise people to check that they are covered before using such providers to deposit their money on a more permanent basis rather than to move money from UK to Austria or vice versa.
In case you are wondering what licences (including passported licences from other EU Member States) your provider holds, check out the FMA’s Company Database, which covers all entities that it supervises.
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I/We have accounts at banks in the UK. What is the situation there?
For information about the UK, see: https://www.fscs.org.uk/what-we-cover/banks-building-societies/
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We hold a joint account. How is this covered by deposit insurance?
The basic rule is a maximum coverage € 100,000 per customer at a bank. If you hold a joint account, you are considered as two customers and therefore the limit would be 2 x € 100,000. Banks may introduce terms about to whom the money is attributed to in the case of a pay-out event (so if you held € 200,000 in a joint account with your spouse, but € 150,000 is attributable to one partner and € 50,000 to the other, the bank might be able to say that only € 150,000 in total might by eligible for pay-out). It should be remembered that banks will also take into consideration individually held savings accounts by a single customer in addition to joint accounts.
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Are foreigners also covered by deposit insurance?
Yes. Austrian citizens and foreigners holding accounts with a bank are treated in the same way.
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What is the procedure for hiring a third country national in Austria?
Where an employer has non-resident, non-Austrian, non-EU candidates for vacancies, they have to do a number of things before they are actually able to employ from this group:
- They are required to place a job ad for all vacancies with the AMSArbeitsmarktservice The Austrian Public Employment Service (AMS) is Austria’s leading provider of labour-market related services, and matches candidates with job openings and assists jobseekers and companies by providing advice, information, qualification opportunities and financial assistance. for at least 2 weeks.
- All Austrian/EU applicants applying through the AMS must be interviewed.
- The employer must provide the AMS with justification why the Austrian/EU applicants are not suitable for being employed (lack of qualifications/experience etc.).
At this point the Austrian authorities, typically but not exclusively the AMS, Arbeiterkammer, Wirtschaftskammer, Gewerkschaft, are required to review the employer’s justification not to employ EU citizens. In the case that the justification is accepted then a check is done about whether the visa quotas have been exceeded. If they have then the advertise/interview cycle is required to be resumed.
In the case that the visa quotas have not been exceeded, then the employer informs the candidate to apply for a visa. At this point the candidate should apply to the Austrian Embassy for a D type visa with a stamp granting permission to work.
H/T Keith Hill for the flowchart
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Do work visas prospects for the winter season depend on what job you do?
British citizens not covered by the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020. If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria. Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations. https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration are now treated like other third country nationals (3CNs3rd 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.). In industries where there is a shortage of available labour, such as hospitality and gastronomy, it will be possible to obtain a visa relatively easily, however in areas where there are already sufficient Austrians and EU citizens able to do available jobs (e.g. ski technicians etc.) there will not be visas so freely granted. British citizens will frequently need to prove that they are able to do a job that an Austrian or EU citizen is unable to do.
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Are there any official statistics about applications for the Art 50 EUV card?
The Ministry of the InteriorBMI The Bundesministerium für Inneres (BMI) - Austria's Ministry for the Interior - is the competent ministry for issues related to residency and citizenship. (BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery.) publishes statistics at monthly intervals, with statistics usually published at https://www.bmi.gv.at/312/statistiken/start.aspx#nag_aktuell around 6-8 weeks after the reporting date (e.g. in mid-late September for July). The statistics appear at around p.47 or so of the monthly statistics files.
The AMSArbeitsmarktservice The Austrian Public Employment Service (AMS) is Austria’s leading provider of labour-market related services, and matches candidates with job openings and assists jobseekers and companies by providing advice, information, qualification opportunities and financial assistance. have seperate figures for the 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". Permits (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)
Below are the illustrative figures for March 2023:
In total 9432 Article 50 residence permits have been approved to the end of March 2023 (includes family members). There are 7 RWR+ (Brexit) residence permits and 8 people have been issued with Article 50 Frontier Worker permits from another host state.
Note: As of 1.1.2023, there were 11,002 British citizens registered as living in Austria.
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I have lost my Austrian driving licence. Is there a replacement fee for issuing a new card?
The standard charge for a replacement Austrian driving licence is EUR 49.50. There is an additional “express fee” of EUR 11.25 if you require a new card urgently.
Source: https://www.oesterreich.gv.at/themen/dokumente_und_recht/fuehrerschein/3/Seite.040200.html
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I am travelling to the UK. The rules/restrictions are changing, which rules/restrictions apply?
Covid-19 restrictions change at short notice, but often with a few days between their being announced and their coming into effect. The applicable rules that are in force at the time you enter the UK continue to apply.
E.g. announcement (of easing/tightening of rules) on 27 July with effect from 3 August.
- Rule changes (unless otherwise indicated) are from 04:00 (GMT/BST depending on time of year) of the day from which they are effective.
- If you arrive in the UK on 2 August, the previously applicable rules continue to apply regarding quarantine/test to release etc.
- If you arrive any time after 04:00 BST on 3 August the new rules apply regarding quarantine/test to release etc.
H/T: British Embassy, Vienna for clarification.
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If I buy a car and register a car in Austria, can I drive it in Britain without having to import it there?
You can usually use a vehicle with foreign number plates without registering or taxing it in the UK provided that all of the following conditions apply:
- you’re visiting the UK and do not plan to live in the UK
- the vehicle is registered and taxed/insured in Austria
- the vehicle is only used for a total of up to 6 months in a 12 month period (i.e. as a single extended visit or several shorter visits over the course of 12 months)
Beware: You will need to register the vehicle if you want to move it between England, Scotland and Wales (the mainland) and Northern Ireland.
Information about importing a vehicle (GOV.UK)
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Where can I obtain assistance in English about various issues about living in Austria?
There are a number of services that provide advisory services in English, as follows:
Austria (General & Students): Work in Austria
Austria (Students): OeAD
Lower Austria: Work in Lower Austria
Upper Austria: Welcome to Upper Austria
Salzburg: Welcome Service
Styria (employees of members companies only): CINT – Club International Styria
Carinthia : CIC – Carinthia International Club
Tyrol: Welcome Service Tyrol
Vienna: Expat Center Vienna , Business Immigration Office and Start Wien
Note: Queries related to students should be referred to OeAD or the Working in Austria Team.
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I got my first Covid-19 vaccination shot in the UK – how do I get a 2nd shot in Austria?
There may be a different approach to take depending on which region you live in. From posts in the British in Austria Facebook group, the following approaches have proven successful for getting the first shot from the UK registered.
- Calling 1450 to arrange a vaccination date – and taking your 1st jab vaccination card with you, so that the type of vaccination (e.g. Pfizer-BioNTech, AstraZeneca or Moderna) can be entered and also the batch information.
- (Vienna): Calling MA15 and having an Amtsarzt add your UK vaccination added to your official 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 record. Your Hausarzt may also be able to do this.
- Using the NHS app (not the NHS Covid-19 app) to produce a vaccination certificate, you can then receive a PDF version of it, in order to have it added to your Austrian records.
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I’m struggling, who can help me with my Art 50 EUV card application?
If you have a long-term involvement with the healthSozialministerium The Austrian Ministry of Social Affairs, Health, Care and Consumer Protection is responsible for the following fields: The health care system Initiatives for people with disabilities Consumer protection Public health and medical issues Care and support The rights of consumers and the protection of their health Senior citizens’ policy Social policy Social insurance system, whether for mental or physical health reasons, you may be able to get access to a social worker if you do not already have one assigned. Similarly, if you are currently living in a safe house or shelter, your social worker may also be able to help. From individual cases that we have been aware of, and have had contact with, it has proven to be well worth getting your social worker to assist your application process.
Your social worker may well be in a position to contact your local residency authority (e.g. MA35Magistratsabteilung 35 Residency and citizenship issues in Vienna are handled by Magistratsabteilung 35 (MA35). It has several offices in Vienna and where you need to go depends on whether or not you are an EU citizen (you go to one or other of its EU Referat offices depending on the district you live in), or its premises for third country nationals. or the Bezirkshauptmannschaft depending on where you are based) to obtain the list of necessary documentation that is required and fill them in on your situation, as well as obtaining the necessary proof that you are in long-term treatment or therapy, and to assist in terms of helping to obtain the necessary documentary proof regarding your circumstances e.g. about your being unfit to work, being incapacitated etc.
Regardless of whether your situation is related to poor physical/mental health, long-term unemployment or financial hardship, our advice would be to not delay in establishing contact with the authorities, where possible through your social worker, to resolve the situation.
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What legal consequences are there if you don’t exchange your UK driving licence?
What legal consequences exist if you don’t exchange your UK driving licence?
Anyone resident in Austria has six months from establishing residence to exchange their UK driving licences for Austrian ones. This applies to citizens of all nationalities.
This means that all UK citizens qualifying 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 must have exchanged their driving licence by 30 June 2021.
The ÖAMTC specifically states in its information:
If a vehicle is driven without a valid driving licence, liability insurance may in the event of a traffic accident reclaim any payments made to the victim up to € 11.000 from the driver and the owner of the vehicle. A non-EEAEEA The European Economic Area (EEA) consists of the 27 EU Member States as well as Iceland, Liechtenstein and Norway. The United Kingdom is not part of the EEA. licence is invalid if the holder fails to exchange it for an Austrian licence within 6 months of becoming a resident. If the vehicle is lent to another person, the owner must make sure that the driver is in possession of a valid driving licence.
Source: ÖAMTC on NON-EEA DRIVING LICENCES IN AUSTRIA
The penal provisions of the Austrian Driving Licence Act stipulate a minimum fine of EUR 363 for driving with an invalid licence. This fine is comparable to that for driving when your licence has been taken away. (§37 para. 3 no. 1 FSG). Subsequent offences incur higher fines, or up to six weeks imprisonment, although such imprisonment is only used as a last resort to stop reoffending in the case of serial offending.
Further Information
Austrian Driving Licence Act (FSG; Führerscheingesetz) – in German
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Can I still use my Austrian EHIC in the UK?
If you are entitled to a European 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 Card (EHIC) issued by Austria, this card remains valid for use when you visit the UK, and other EEAEEA The European Economic Area (EEA) consists of the 27 EU Member States as well as Iceland, Liechtenstein and Norway. The United Kingdom is not part of the EEA. countries.
The EHIC (on the back of your e-card) will cover you for any necessary medical care during a temporary stay in the UK. Remember that the EHIC is not an alternative to insurance, and you should always make sure you travel with insurance that covers your needs.
(Remember that the blue side of your card should not contain a load of asterisks – * – if it does you with need a PEB)
H/T UK In Austria – British Embassy Vienna
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Will moving within Austria invalidate my Art 50 EUV card?
If you move before the decision has been made to issue your card has been taken from one province to another your card would be invalid. For example if you move from Vienna to another province before a decision has been reached about your application, you may have to reapply in your new province. One possible course of action might be to change your MeldebestätigungMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration. and to send it to the respective authorities of your new place of residence and the old place of residence. That way the office for your new residence may be able to receive the documents through from your old province (or request further information).
If you apply for a card and receive it and subsequently move to another province, your renewal process may be delayed as the authority in your new place of residence will probably need to get your previous file from another province. It is therefore worth ensuring that if you hold a five-year card that you do not leave renewal to the very last minute prior to your card expirying.
H/T Friedrich Bruckner
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Can someone else sign for my Art 50 EUV card?
In Vienna, where Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. cards are sent out by post, using an RsA-Brief, recipients are required to sign for their card personally. If you are not in when the postman delivers, you receive a yellow slip and have to sign (taking a photo ID (e.g. your passport) with you to the post office listed on the yellow slip.
If you are away for an extended period and expecting delivery of your card, to avoid that your card is returned to MA35Magistratsabteilung 35 Residency and citizenship issues in Vienna are handled by Magistratsabteilung 35 (MA35). It has several offices in Vienna and where you need to go depends on whether or not you are an EU citizen (you go to one or other of its EU Referat offices depending on the district you live in), or its premises for third country nationals. as undelivered, you can set up a Vertretungsvollmacht. This allows you to nominate any person legally resident at an Austrian address to represent you.
The process is simple, you would need to send the completed form, along with a copy of an ID of the person you are nominating, to MA35 and then your card would be delivered the nominated person’s address.
Further information about powers of attorney and/or representation (Vollmacht/Vertretung) can be found here.
H/T: Friedrich Bruckner, Wirtschaftsagentur, Expat Center
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I didn’t have a Bescheinigung des Daueraufenthalts. Can I still get a 10 year Art 50 EUV card?
Not previously having held a Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020) does not disqualify you from being able to get a 10 year Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card. During the application procedure for the Art 50 EUV, your case will be assessed on its merits – namely whether or not you fulfil the criteria of five years continuous legal residence or not.
Your residence may be considered to have been interrupted in the past, if say you were between employment for a longer period of time and not registered with the AMSArbeitsmarktservice The Austrian Public Employment Service (AMS) is Austria’s leading provider of labour-market related services, and matches candidates with job openings and assists jobseekers and companies by providing advice, information, qualification opportunities and financial assistance., and did not have intact insurance coverage.
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What can be used as proof of legal residence for 5 years or more?
What proof should be submitted to prove actual legal residence for a period of five years or more?
From experience from a number of applicants, especially retired applications formerly holding Legitimationskarten, submission of bank statements, proof of doctor’s appointments etc. were successfully lodged with the authorities.
The BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery. advises, however, that there is no definitive list of documents since every document submitted is required to be reviewed and appraised separately.
As a rule, however, the applicant’s entry in the Central Residence Register (ZMR; Zentralmelderegister) is the source that is consulted initially. In the event that there is not a continuous residence record, or where other submitted documents create doubt about continuous residence, further proof is necessary.
In addition to the aforementioned documents, other possible documents also include confirmations of being in full-time education.
In cases where the applicant feels that they have been wrongly issued “only” a five-year residence permit, it is recommended to contact the authority without delay, in order to rule out that a clerical error has occurred. In the case that the applicant only submits documents at this stage that prove their right of permanent residence, then it will be necessary to officially appeal in order for such proof to be able to be considered.
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Is my application procedure considered to be legally final upon receipt of my card?
Is my application procedure considered to have been concluded in a legally final manner when I receive my Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card?
The card that is issued constitutes an administrative decision (Bescheid), and in the event the applicant does not feel that the outcome does not correspond fully with their expectation, they have a right of appeal (Beschwerde). For example, if you had applied for a ten year card, but the card that was issued was only for five years, then you have up to 4 weeks following the legal receipt of the card to lodge an appeal to the regional administrative court (LVWG; Landesverwaltungsgericht).
Before taking this step, it is however advised that you seek further clarification from the issuing authority, to eliminate the possibility that a clerical error has occurred during processing (e.g. we have heard of cases of a five year card issued bearing the designation “Daueraufenthaltsrecht” or a card issued for nine years rather than ten years).
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Can I contest the decision or ask to see my record about my Art 50 EUV card?
If you wish to contest the justification behind the decision regarding the decision over a 5/10 year card, or wish to consult your official file to establish when you may “convert” your card from a five year one to a ten year one, can you do so?
Yes. Applicants have the right to request to inspect their file (Akteneinsicht) and to do would have to make an appointment with the issuing authority. Copies of documents in the file may be made, although the authority is allowed to charge you for any costs arising should you choose to do so.
Prior to doing so, you might like to contact the authority to see if this information can be provided on an informal basis.
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Can I go to my own doctor for my medical for exchanging my driving licence?
No. You need to go to a Doctor who is on the list for where you are exchanging your licence other than your normal doctor. This is done on purpose to ensure that doctors are not placed under duress to sign someone off as fit to drive.
Lists of doctors can be found for the following regions:
- Burgenland
- Carinthia/Kärnten
- Lower Austria/Niederösterreich
- Salzburg
- Styria/Steiermark
- Tyrol/Tirol | Innsbruck
- Upper Austria/Oberösterreich | Linz
- Vienna/Wien
- Vorarlberg
Doctors on this list are officially mentioned as:
sachverständige Ärzte gem.§ 34 Abs.1 Z 2 Führerscheingesetz 1997
H/t to Hendrik Bower for these links.
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How can periods of unemployment affect A50 residency status?
Some applicants for the Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card have been requested to provide additional proof of insurance or employment for periods where they were between jobs (a frequent issue for seasonal workers, who are not employed year-round and where there is a shoulder season between the winter and summer seasons). While it is not possible to rectify previous uninsured periods, there is usually a period after the end of a contract that you continue to be insured for, but the onus is on you to contact the AMSArbeitsmarktservice The Austrian Public Employment Service (AMS) is Austria’s leading provider of labour-market related services, and matches candidates with job openings and assists jobseekers and companies by providing advice, information, qualification opportunities and financial assistance. to ensure you are registered with them for such periods.
Some periods might be relatively short (e.g. a number or days through to a couple of weeks) and not pose a problem in this regard, but it can become more difficult if the period between jobs is longer (even if you have the funds to tide you over and a job due to start soon), which is why it is essential to register with the AMS.
Such a gap could end up constituting an interruption of your continuous legal residence, meaning that if you have been living and working in Austria for over five years, but with a gap classed as an interruption, your period of residence would only count from the date your coverage was resumed.
This would possibly prevent you from qualifying for the 10 year Art 50 EUV card until you again reach the threshold of five years continuous legal residence.
Provided that your previous employment was for at least 26 weeks in the last twelve months cover extends for a period of up to six weeks after the end of the employment relationship. Beware that periods of longer than six weeks could be considered to have interrupted “continuous legal residence”. (Legal basis: Article 122 para. 2 no. 2 ASVG).
H/T: Friedrich Bruckner – Vienna Business Agency Expat Center
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UK Driving Licences must be renewed when you turn 70, is this the case in Austria?
UK licences are required to be renewed when the holder turns 70, whereas an Austrian licence does not have a fixed expiry date. However, standard 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 checks apply to all ages when applying 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. for an Austrian licence (since 1 January 2021, this has also applied to British citizens exchanging UK licences for an Austrian one).
Further information can be found about exchanging a UK licence for an Austrian one on the oesterreich.gv.at website at: –https://www.oesterreich.gv.at/en/themen/dokumente_und_recht/fuehrerschein/3/Seite.040500.html
Note: If your UK licence has expired or needs renewing you will require a certificate of entitlement from the UK DVLA in order to apply for an Austrian licence.
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Are UK Citizens still eligible for financial assistance for IVF treatment?
In early April 2021, it was brought to our attention that the IVF-Fonds-Gesetz, which governs access to financial assistance for IVF treatment in Austria, did not cover UK Citizens 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 such citizens having previously been eligible for assistance for up to 70% of the costs of IVF/ICSI treatment (Legal basis: § 4 (4a) nos. 1-7 of the IVF-Fonds-Gesetz). We advised the British Embassy that a couple had been rejected funding due to the UK no longer being a member/signatory state of the EU, EEAEEA The European Economic Area (EEA) consists of the 27 EU Member States as well as Iceland, Liechtenstein and Norway. The United Kingdom is not part of the EEA. or EFTA.
The British Embassy contacted the Ministry that oversees the Fund and confirmation was received that UK citizens covered by the Withdrawal Agreement (ie those legally resident in Austria since 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.) continue to be eligible to access the IVF Fund. An amendment to the law will be necessary in due course and the Ministry is aware of this issue.
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I have my 5 year card and am now eligible for a 10 year card? Can I apply for it now?
It is possible to apply for the 10 year card already, and from our understanding the process uses the same form (make sure that you tick box 35 on the new form post November 2023, previously this was box 32 on the form) . The field is labelled “Inhaber eines Daueraufenthaltsrechts” or “Holder of a permanent right of residence”. You may need to resubmit some documents (in case of any changes in personal circumstances). We have been advised that priority will however be given to initial applications over “upgrades” to ensure that everyone is able to apply for their first Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card during 2021.
Possible Issues
If the official informs you that you can only apply 3 months before the expiry date; please politely ask them to check with their superiors as this information is incorrect. Confirmation that you can apply early (as soon as you qualify) is also on two official Austrian Government websites; under the “Verlängerung” section on the oesterriech.gv.at website in German and “Extension” section on 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. website in English .
Note 1: Article 50 Applications now receive the same priority as every other residence permit!
Note 2: For those with a Familienangehöriger Article 50 card (FAMILIE) your rights are dependent on the original full Article 50 rights older and so slightly different criteria may apply.
You might also like to see…
This question was also raised at the British Embassy’s Online Q&A session in April 2021 – you might like to see further Q&As via the Embassy’s blog.
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Is there any guidance in English about completing an Austrian tax return?
Yes there is. While you have to submit the E1 form in German, the BMF does have two items to help guide you:
- An English version of the Income Tax Return Form for 2020 (to assist you with filling the German form.
- Complete Instructions for Filling the Income Tax Return Form for 2020 in English.
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I exchanged my British driving licence for an Austrian one. Do I need to get my British licence back to drive in the UK?
Just as you can drive on a British licence in Austria if visiting for a short visit (e.g. a holiday), you can also drive in the UK on your Austrian licence if visiting (Source: gov.uk Living in Austria).
If you move back to the UK, you can continue to drive on your EU Member State driving licence until the age of 70, but if you move back to the UK you will have to exchange licences when you turn 70. (Source: gov.uk Exchange a Foreign Driving Licence)
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. |
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What does the Art 50 EUV card look like?
The Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card is in cheque card format, and is securely printed. Page 15 of the BMI’s information about residence titles under the Settlement and Residence Act (NAG) shows what the following cards should look like.
- Art 50 EUV card with 5 year validity
- Art 50 EUV card with 10 year validity (right of permanent residence)
- Art 50 EUV card with 5 year validity – family member
- Art 50 EUV card with 10 year validity – family member (right of permanent residence)
Please note: the observation about free access to the employment market (as per Article 18 (1) of the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020. If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria. Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations. https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration ) is found on the back of the card (so if submitting a copy of your card to an employer, please make sure you make copies of both sides!)
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I have my Art 50 EUV card. If my employment circumstances change, do I need to do anything?
- Holders of the 5-year EUV card are not required to inform the competent residence authorities if they e.g. change from private person status to employee or from employee to self-employee or similar changes. However, they are required to inform the authorities at some stage in the event that NONE of these statuses apply to them anymore, which could then still result in the competent residence authorities initiating a process to end their stay in Austria in the future, where the conditions for holding an Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card are no longer met.
- For 10-year card holders such problems would only occur if the holder were to leave Austria for more than five years, or in the case of their being convicted of very severe criminal offences.
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The Austrian authorities have notified me that my benefits will be suspended until I can prove that I am legally resident. What can I do?
Note: this FAQ only applies for British Citizens who were legally resident in Austria before 1 January 2021.
British in Austria has received several reports from around Austria from British citizens, 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 , who have had their access to unemployment and family benefits (in particular in relation to maternity leave) suspended. Those affected had received communications from the competent bodies (typically regional service centres of the ÖGK in the case of family benefits and 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. offices in the case of unemployment benefits), advising that their benefits had been suspended until they could provide proof of valid residence in Austria (i.e. Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card) as their previous residency documents (AnmeldebescheinigungAnmeldebescheinigung Every EU citizen who intends to stay longer than 3 months, must apply for the Anmeldebescheinigung within 4 months of first arrival in Austria. This is essentially a snap-shot of your status at that time, and confirms you have fulfilled the conditions to stay in Austria for longer. Your residence is still subject to certain rules. Note: British Citizens could only apply for the Anmeldebescheinigung until the end of the transition period (31.12.2020) or Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020)) were no longer valid. A small sample of cases covering different benefits were escalated to the British Embassy and the BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery. as Ministry in charge of the enforcement of the legislation about residency. The BMI has clarified that it is not the competent ministry for benefits-related enquiries. Subsequently the Embassy has had contacts to the Sozialministerium and Bundeskanzleramt.
The outcome from the Embassy’s contact to the SozialministeriumSozialministerium 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 and Bundeskanzleramt is the clarification that for British citizens who were legally resident in Austria before 1 January 2021 and continue to live in Austria, access to Austrian benefits remains unchanged compared to EU nationals. Until 31 December 2021, access to such benefits is not dependent on having applied for or received an 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.. The ministry is now contacting the registration authorities handling Art 50 EUV card applications to ensure that they are aware of this.
In light of this development, we would recommend that people in this situation try to obtain an appointment to apply for their Art 50 EUV card at their local registration authority at the earliest possible opportunity. As soon as you receive the Bestätigung der Antragstellung, you should send a copy of this to the authority that has contacted you about your benefits being suspended, and to then send a copy of your Art 50 EUV card once you receive it.
Other related items:
- Useful links to official texts: Employment
- FAQ about Art 50 EUV card applications if you are expecting a child
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My Art 50 EUV card covering letter contains a section about “Rechtsmittelbelehrung” Do I need to do anything?
Note: this FAQ most commonly affects applications in Vienna, where Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. cards issued by MA35Magistratsabteilung 35 Residency and citizenship issues in Vienna are handled by Magistratsabteilung 35 (MA35). It has several offices in Vienna and where you need to go depends on whether or not you are an EU citizen (you go to one or other of its EU Referat offices depending on the district you live in), or its premises for third country nationals. are posted as RsA-Briefe to applicants.
The issuance of your card is ultimately in the form of an administrative decision (Bescheid) which the letter from MA35 is. All such decisions contain information about the right of appeal, which is contained in the section of the letter/Bescheid entitled “Rechtsmittelbelehrung” (ordinary right of appeal).
Since the right of appeal has to be made within four weeks of receipt of the Bescheid, this is another reason why cards are being sent out as RsA-Briefe, so that start of the four week period in which an appeal may be lodged is clear (i.e. at the point of legal delivery of the letter to you).
In the case that you have received the card, you are likely to not wish to appeal against the decision, so you just ignore this part of the letter (and the Bescheid then becomes legally effective upon expiry of the this four week period).
In case you do wish to complain about the decision, you would have to submit a full justification in writing about the grounds on which you wish to appeal (Beschwerde), including the grounds on which the Bescheid is legally inadmissible and any information that serves of proof that the decision is inaccurate. You must also state whether you wish an oral hearing (mundliche Verhandlung) at the Administrative Court (Verwaltungsgericht) at the time that you submit your appeal (Beschwerde). You are also required to pay a EUR 30 fee for appealing.
Note: Update 16.05.2021 This appeal process also applies for people issued a five year card, who believe that they should have received/were entitled to a ten year card, however they are advised to first contact the authority they applied through to check that a clerical error has not occurred. Please also consult this page for a full list of FAQs about appeals.
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Can the Art 50 EUV card be used as a travel document?
No. The Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card is a residence permit, not a travel document. It is also not proof of citizenship. When you travel, even within the Schengen AreaSchengen Area The Schengen Area is European border control-free travel area, consisting of all EU Member States except for Bulgaria, Croatia, Cyprus, Ireland and Romania, as well as Iceland, Norway, Switzerland and Liechtenstein., you should continue to carry your British passport on you when crossing borders. When entering the Schengen area, you should show your Art 50 EUV card with your passport to avoid having your passport stamped.
It is also important to note that additional validity rules may apply on your passport when outside Austria. For those rules and the rules for other Austrian residence permits, please see this link.
Note: Be aware, that even within the internal Schengen borders they can carry out spot checks and Temporary Border Controls are allowed. With Romania and Bulgaria starting to join Schengen in 2024 spot checks may increase
For those with an urgent need to travel, who have an expired UK Passport, you can apply for 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.: https://www.gov.uk/emergency-travel-document/how-to-apply
Last Update:
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Some people leave feedback on Facebook others via the website. Why?
A lot of people have left feedback about their experiences on Facebook, but the website is intended to also help us reach people who actively choose not to use Facebook. In addition, Facebook does not have a satisfactory data collection process, and we therefore use the forms to be able to alert the specific team members about the particular cases.
We have a number of mail filters set up that pre-process the feedback forms – splitting them by province, Bezirk (for all provinces except Vienna) rating, status of the applicant. For the second form, we are also able to identify cases where people have been requested to submit new information, or gain an idea about the time it takes to process the new cards around the country, as well as any bottlenecks for their delivery.
In addition, we use our website to ensure that the data remains in the EU, rather than wherever Facebook chooses it to be hosted.
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Why are there two feedback forms?
It became necessary to have two feedback forms to help split 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. application process into two parts. The actual application at the competent authority throughout Austria forms only the first part of the process. Once cards were issued and requests for additional information and documentation occurred, it was necessary to add a second form – so that this part of the process could also be logged.
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Am I required to officially import a UK registered car if I bring it to Austria?
The short answer is “yes”, you have 1 month grace.
The ÖAMTC website has basically all the information you need about how to go about it.
A quick summary:
If your main residence is in Austria (and if you are on this site, it probably is), that is, you are not here on holiday or a business trip, you have one month from the date of the vehicle’s first entry into Austria to import and register the vehicle. Short trips abroad will not reset the clock. After that first month you must either import it or remove it from the country. This applies to any vehicle with foreign plates – even ones from another EU country. The authorities will assume (legally) that you car is here permanently, and the onus is on you to prove that it has been here less than a month.
To import your car you are required to register your car, pay a one-off fuel consumption tax called NoVANormverbrauchsabgabe The Normverbrauchsabgabe (NoVA) is a one-off fuel consumption tax to be paid at your local tax office when importing a car previously on foreign number plates. (NormverbrauchsabgabeNormverbrauchsabgabe The Normverbrauchsabgabe (NoVA) is a one-off fuel consumption tax to be paid at your local tax office when importing a car previously on foreign number plates.) at your local tax office and exchange your UK number plates for Austrian plates at your nearest vehicle registration office (Kfz-Zulassungsstelle). You are required to have valid motoring insurance in order to be able to exchange your number plates.
Potential consequences
- A “VerwaltungsstrafeVerwaltungsstrafe A Verwaltungsstrafe is a fine issued by an administrative authority rather than a court in relation of (minor) breaches of legal provisions. Examples of offences include fail to register an imported vehicle within the required timeframe, failure to have the necessary residence documents etc.” (administrative fine) for not importing in time.
- Your UK insurance coverage may be invalid, and you could be liable for a huge amount if you have an accident.
- Fines and court process due to tax evasion (road tax, NoVA and VAT)
Legal basis (in German):
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. |
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I applied in early January 2021, why is my Art 50 EUV card post-dated?
The validity of the Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card does not start with the date of the application, but instead with the conclusion of the underlying procedure and the decision to grant the card to the applicant (which is only concluded after further checks after the initial appointment).
In the time between the appointment and the issuing of the card, you are still legally resident on the basis of the Bestätigung des AntragsBescheinigung über die Antragstellung When applying for the Art 50 EUV card, you will be given a certificate, the Bescheinigung über die Antragstellung (Bestätigung des Antrags) that confirms your legal residence until your Art 50 EUV card is issued..
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What is the legal basis for the taking of fingerprints?
A number of British citizens in Austria have mentioned that they were surprised about fingerprints being taken when they applied for the Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card, and questioned the legality of this. The taking of fingerprints is stipulated in Regulation (EU) 2019/1157 (Full title: Regulation (EU) 2019/1157 on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement).
The Niederlassungs- und Aufenthaltsgesetz Durchführungsverordnung (NAG-DV) defines the procedure regarding fingerprints in § 2b.
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What kinds of extra documentation requests have been received by applicants from MA35?
Some applicants have been asked to provide further documentation after their initial appointment with MA35Magistratsabteilung 35 Residency and citizenship issues in Vienna are handled by Magistratsabteilung 35 (MA35). It has several offices in Vienna and where you need to go depends on whether or not you are an EU citizen (you go to one or other of its EU Referat offices depending on the district you live in), or its premises for third country nationals. in Arndtstrasse (UnterlagenanforderungUnterlagenanforderung An Unterlagenanforderung is a communication from an authority processing the Art 50 EUV card requesting supplementary information to assist them in making a decision on your application.) to support their application. We are collecting feedback from applicants about this second stage, and will add to this question accordingly as new information becomes available. The following list is a compiled list of the requested extra documentation that we have been made aware of by applicants applying in Vienna:
- Documentary proof of residence in Austria for the last 5 years (suggested items include purchase contracts for real estate, medical statements, utility bills, bank statements etc.)
- A Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020) (requested from someone resident since prior to 1.1.2006, where they had ticked Daueraufenthaltsrecht, but no Bescheinigung des Daueraufenthalts had been submitted with their application).
- Proof of insurance (in the case of someone privately insured holding a Bescheinigung des Daueraufenthalts as the subsequent checks by MA35 had thrown up a query due to their not being in the ÖGK/SVS system).
- Copy of a valid passport (the applicant’s passport had expired between the appointment and the subsequent checks). Note: according to the Federal Chancellery Website, there is no requirement for a minimum remaining validity of six months as some people have been informed when applying in other parts of Austria.
- A signature on the “Personalisierungsblatt” – in the hurry to get applications through, MA35 were not asking people to physically sign in front of them. Note: people receiving this request do however receive clarification about the length of card they will receive as it contains information about the validity of the card to be issued.
- Parents applying for children of school age and student age have been requested to supply a number of documents: in the case of a young school pupil, confirmation that they are attending school (Schulbesuchsbestätigung) as well as school reports (Schulzeugnisse) since achieving school age. In the case of students, proof of social insurance cover (where held by the student themselves or if they were mitversichert), and proof that their parents are covering their living expenses.
Legal Basis for requesting further information:
Article 18 (k) – (n) of the Withdrawal Agreement
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What should frontier workers living in Austria working in Liechtenstein bear in mind?
British citizens working for companies in Liechtenstein who are resident in Austria should bear the following in mind:
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., British citizens working in Liechtenstein residing in Austria were required to hold a GrenzgängermeldebestätigungGrenzgängermeldebestätigung The Grenzgängermeldebestätigung (GMB) is a permit for work issued by the authorities in Liechtenstein for EEA citizens resident in the EEA or Switzerland. There is no quota system for it. (GMBGrenzgängermeldebestätigung The Grenzgängermeldebestätigung (GMB) is a permit for work issued by the authorities in Liechtenstein for EEA citizens resident in the EEA or Switzerland. There is no quota system for it.) that were issued by the authorities in Liechtenstein for EEAEEA The European Economic Area (EEA) consists of the 27 EU Member States as well as Iceland, Liechtenstein and Norway. The United Kingdom is not part of the EEA. citizens resident in the EEA or Switzerland. Such GMB cards can be continued to be held for as long as they remain in their current job, or where there is a move between jobs and employers without a break within Liechtenstein.
In the event of there being a break between jobs, then British citizens would revert to 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.) status and as a result of the loss of freedom of movement would be required to apply for a Grenzgängerbewilligung (G), which is available to non-EEA or non-Swiss citizens resident in the EEA (e.g. Austria) or Switzerland. There is no quota system in place for the GMB, whereas quotas applied for the G.
Any British Citizen moving to Austria now would have to apply for a residency visa as they would not be within 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 , as well as then also having to apply for a 3CN work visa to be able to work in Liechtenstein.
Further information can be obtained from the Ausländer- und Passamt of the Liechtensteinische Landesverwaltung.
Ausländer- und Passamt (APA)
Städtle 38, FL-9490 Vaduz
Tel: +423 236 61 41
http://www.apa.llv.li
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I have 5 years legal residency but couldn’t get an appointment in 2020. Can I still get a 10 year Art 50 EUV card?
- I have reached 5 years legal residence, but couldn’t get an appointment for the necessary residency permit under EU law before the end of 2020. Is it still possible to get a 10 year Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card?
As a rule a 10-year card may be issued where a right of permanent residency has been obtained in the past, however a in individual cases, the circumstances may be considered on a case-by-case basis. In this case it is recommended that the applicant contacts their case officer.
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From what age are children required to attend Art 50 EUV card appointments and be fingerprinted?
Rules define that fingerprints are to be taken for all persons aged 6 and over, and therefore all children aged 6 and over are required to attend in person.
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Which relatives should I list in my Art 50 EUV application?
- Should all relatives be listed on the application form, or only those who live here or wish to live here?
- Should deceased children or adult children not living here be listed?
MA35Magistratsabteilung 35 Residency and citizenship issues in Vienna are handled by Magistratsabteilung 35 (MA35). It has several offices in Vienna and where you need to go depends on whether or not you are an EU citizen (you go to one or other of its EU Referat offices depending on the district you live in), or its premises for third country nationals. advises to applicants to raise these questions when applying in person, however as a rule only relatives currently living in Austria are required to be listed.
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My residency document under EU law was not able to be issued before 31.12.20, what can I do?
I was in the process of getting my AnmeldebescheinigungAnmeldebescheinigung Every EU citizen who intends to stay longer than 3 months, must apply for the Anmeldebescheinigung within 4 months of first arrival in Austria. This is essentially a snap-shot of your status at that time, and confirms you have fulfilled the conditions to stay in Austria for longer. Your residence is still subject to certain rules. Note: British Citizens could only apply for the Anmeldebescheinigung until the end of the transition period (31.12.2020)/Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020) at the end of 2020, but the process was not concluded before 31.12.2020.
Applicants should make an appointment for the Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card using the MA35 online appointment calendar with Referat 5.2 (MA35Magistratsabteilung 35 Residency and citizenship issues in Vienna are handled by Magistratsabteilung 35 (MA35). It has several offices in Vienna and where you need to go depends on whether or not you are an EU citizen (you go to one or other of its EU Referat offices depending on the district you live in), or its premises for third country nationals. will update its website further).
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What fees are applicable for the Art 50 EUV card?
The fee for the “Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms.” residency permit has been set at € 61.50 in the Gebührengesetz (amended in December 2020 and published in the Federal Legal Gazette in January 2021). In addition charges also apply, where not already charged for, for documents added to a file of € 14.30 for a passport and € 7.20 for documents about your personal status (e.g. birth or marriage certificates).
Update: July 2022 – Reduced application fee for minors:
Following an amendment to the Gebührengesetz earlier in July 2022, there has been a change to the charges for applicants under the age of 16. The cost for an under 16 is now EUR 26.30, with the cut-off date being the date of the application. This applies to both the first time application (e.g. newborns) as well as any renewals (e.g. conversion from a 5 to 10 year card and/or replacement following theft). More importantly the change is retroactive with effect from 01.01.2021. In the event that you paid more than EUR 26.30 (excluding additional charges for sighting of documents about personal status) for the application by a minor, you are entitled to a refund.
First time application free of charge (applies only for exchanges from documents conferring a permanent residency status).
In the case that the applicant holds any of the following documents granting a right of permanent residence in Austria, then the €61.50 is waived (this procedure is known as “Umtausch” – a straight swap):
- Bescheinigung des Daueraufenthaltes (§53a NAGNiederlassungs- und Aufenthaltsgesetz The Niederlassungs- und Aufenthaltsgesetz (Residency and Settlement Act) is the Austrian law governing residency for foreign citizens in Austria.),
- Daueraufenthaltskarte (§54a NAG)
- Aufenthaltstitel „DaueraufenthaltDaueraufenthalt Daueraufenthalt simply means permanent residence. If you have permanent residence rights, usually from having been legally resident for 5 years, you are eligible for a 10 year residency permit.–EU“ (§ 45 NAG)
- Or any other (older) residency title that confers a permanent residency right in Austria
In the case of a British citizen being continuously resident in Austria for five years and satisfying the conditions for a residency permit under EU law, they are deemed to have acquired the right to permanent residence, even in the case of their not having had an AnmeldebescheinigungAnmeldebescheinigung Every EU citizen who intends to stay longer than 3 months, must apply for the Anmeldebescheinigung within 4 months of first arrival in Austria. This is essentially a snap-shot of your status at that time, and confirms you have fulfilled the conditions to stay in Austria for longer. Your residence is still subject to certain rules. Note: British Citizens could only apply for the Anmeldebescheinigung until the end of the transition period (31.12.2020) or Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020) issued, but in this case the free “Umtausch” is not possible.
Useful links:
BKA – Brexit – Residency and Access to the Labour Market
BKA – Brexit – Aufenthalt und Zugang zum Arbeitsmarkt
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I am currently employed on a short-term contract ending soon? Can I apply for my Art 50 EUV card?
Original question to Embassy Q&A in November 2020 – response January 2021. “Can a contract as proof of employment be accepted when applying for the Aufenthaltstitel Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card even where the contract is issued with an end date only a short time in the future?”
A temporary contract is proof of being employed (right now). However the authority has to take into account the future situation of the applicant to an extent. If this is a person who has been living in Austria for a while and has always held temporary jobs, that should not be a concern. On the other hand, if a person moved to Austria only recently and has only worked for a short time (eg a few months) and no further contracts for employment yet, that person will most likely have to show sufficient income and comprehensive healthSozialministerium The Austrian Ministry of Social Affairs, Health, Care and Consumer Protection is responsible for the following fields: The health care system Initiatives for people with disabilities Consumer protection Public health and medical issues Care and support The rights of consumers and the protection of their health Senior citizens’ policy Social policy Social insurance insurance. It really depends on the individual circumstances, which will be taken into account by the offices. The best advice in this situation is still to apply once the person has a job/binding job offer as that makes the process much easier for all concerned. Application is possible until the end of 2021.
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What are the rules about passport photos for my Art 50 EUV card?
Source: https://www.bmi.gv.at/607/files/Passbild_Kriterien_052021.pdf
There are a number of points to remember about your passport photo. Shops offering passport photos may still be open even in a lockdown, but it is a good idea to phone them to check, as their opening hours might differ from their normal ones. If you request Passbilder, more often than not they will print them on a card with four pictures and a fifth one that proves they are biometrically in line as well as having a date on them. Take the entire sheet with you – the authorities will be able to cut out a photo and you will have proof that they are recent (i.e. less than 6 months old).
From the BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery. guidance, the following applies:
- The photographs must be less than six months old.
- The photographs must be sharp, well lit and with good contrast.
- The face must be straight on and centred in the picture.
- If wearing a face covering, the face must be visible from the base of the chin to above the eyes.
- The paper should be glossy (and not contoured as is often the case with school photos taken for children)
- “Red eye” pictures cannot be accepted.
- If you wear glasses, your eyes must not be obscured by the frames of your glasses or light reflections in your glasses.
- Babies should not have a dummy in, and not be crying in the photo, and should not be wearing a hat on.
- In the case of black and white pictures, the contrast and lighting requirements must also be observed.
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Will the “Art 50 EUV” allow me to enter Schengen countries, and to return to Austria without any difficulty?
Yes, third country nationals who hold a residency permit issued by an Austrian authority that is competent for settlement and residence will be able to spend up 90 days within a 180 day period in the territory of other Schengen countriesSchengen Area The Schengen Area is European border control-free travel area, consisting of all EU Member States except for Bulgaria, Croatia, Cyprus, Ireland and Romania, as well as Iceland, Norway, Switzerland and Liechtenstein., while their residency permit is valid. You will be required to have a valid passport, and you will only be allowed to visit other countries for leisure/tourist purposes. Prior to commencing your journey to the destination country, please check what conditions apply if you are travelling for work.
When you apply for the “Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms.” card, you will receive a confirmation that you have applied. This confirmation (carried with a valid passport will allow you to leave and (re)enter Austria again.
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What will the “Art 50 EUV” residency title allow me to do? What will I be able to do in the future?
The “Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms.” residency title authorises you to stay and work in Austria. It will allow you, for example to change from working as an employee in fixed employment to being self-employed or vice versa.
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Does registration in Austria as a secondary residence or holiday home affect whether I can apply for residency?
The quality of your registration as principle or secondary residence (HauptwohnsitzHauptwohnsitz Your Hauptwohnsitz is your principle place of residence, i.e. where you typically have the centre of your vital interests. Other residences are known as Nebenwohnsitze. or NebenwohnsitzZweitwohnsitz Secondary places of residence (e.g. holiday homes that you spend some time in yourself, pied-à-terres, granny flats) are known as Zweitwohnsitze (in legal terms) or Nebenwohnsitze (in common parlance). While you may reside at a secondary residence for part of the time, it does not constitute the centre of your vital interests. It is of course possible to change your residence status (i.e. from your Zweitwohnsitz to Hauptwohnsitz - known as Ummeldung) to reflect changes in circumstances, although you should be aware that "flipping" is not intended for short-term changes and that doing so can affect the status of grants etc. contingent on the location of your vital interests. respectively), is not decisive, but your actual residency in Austria. If you spend most of your time in Austria each year (more than 6 months) and wish to continue to live here you will have to apply for an “Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms.” card by the end of 2021, or for an Austrian non-EU residence permit which is restrictive and difficult to get. If, you only visit say a couple of times of year (e.g. to spend a vacation in a holiday home) and don’t spend most of the year in Austria, then you are not covered by the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020. If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria. Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations. https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration and will have to apply for a residency title under the Settlement and Residency Act (NAGNiederlassungs- und Aufenthaltsgesetz The Niederlassungs- und Aufenthaltsgesetz (Residency and Settlement Act) is the Austrian law governing residency for foreign citizens in Austria.; Niederlassungs- und AufenthaltsgesetzNiederlassungs- und Aufenthaltsgesetz The Niederlassungs- und Aufenthaltsgesetz (Residency and Settlement Act) is the Austrian law governing residency for foreign citizens in Austria.).
Further information about the various residency permits in Austria can be found at: https://www.migration.gv.at/en/welcome/?no_cache=1
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I am a resident in Austria since before 31.12.2020. I recently lost my job and am looking for work. Do I have to leave Austria?
From information published by the BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery. on 17.12.2020 – No, you do not have to leave Austria. From 01.01.2021 it will be necessary to apply for the “Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms.”. As was the case as a citizen of an EU Member State, in the case that you are not in employment you and your family must be able to afford to live in Austria without recourse to social assistance (money received from the AMSArbeitsmarktservice The Austrian Public Employment Service (AMS) is Austria’s leading provider of labour-market related services, and matches candidates with job openings and assists jobseekers and companies by providing advice, information, qualification opportunities and financial assistance. are not considered as social assistance, but as insurance-based funds) and have healthSozialministerium The Austrian Ministry of Social Affairs, Health, Care and Consumer Protection is responsible for the following fields: The health care system Initiatives for people with disabilities Consumer protection Public health and medical issues Care and support The rights of consumers and the protection of their health Senior citizens’ policy Social policy Social insurance insurance coverage. Unemployment benefit is also considered as means to support yourself since it is insurance-based funds rather than social assistance.
You can apply for the Art 50 EUV card until 31.12.2021, so it is possible to first of all find a job and then apply for the “Art 50 EUV” residency title. You are entitled to remain in Austria for the time until you make your application for the Art 50 EUV card.
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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 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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We’re expecting a child in 2021, how should we do the Art 50 EUV card application?
Based on having the necessary residency paperwork in place that proves your residence in Austria prior to 31 December 2020, the following applies in 2021. The BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery. advises that you will only need to have applied for the Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union.
The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card yourself/yourselves. You will be issued with a Bescheinigung über die AntragstellungBescheinigung über die Antragstellung When applying for the Art 50 EUV card, you will be given a certificate, the Bescheinigung über die Antragstellung (Bestätigung des Antrags) that confirms your legal residence until your Art 50 EUV card is issued. that says you have applied, and which confirms your legal entitlement to stay in Austria until the actual Art 50 EUV card is issued.
You will then have to apply for a residence permit for your child in the same way as you apply for yourself – and will have until 31 December 2021 to do so (according to the Brexit-DVBrexit Durchführungsverordnung The Brexit Durchführungsverordnung (Brexit Implementation Regulation) is the Regulation/ordinance in Austrian law that will cover issues about residency for British citizens after the end of the transition period. that covers the residency title of British citizens living in Austria as of 31.12.2020).
Your child’s application will require:
- A copy of their birth certificate (you would be well advised to get an international birth certificate issued, and to have two copies done of it when you register the birth)
- A passport photo
- A British passport for your child
Other information about new babies can be found on https://www.oesterreich.gv.at/themen/familie_und_partnerschaft/geburt.html
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Is there any way I can obtain permanent residency before 5 years?
Yes, under certain specific circumstances you can obtain permanent residency without having to stay for 5 years. If you qualify you can apply directly for the permanent (10 year) Article 50 card.
You qualify for permanent residency before 5 years if you are no longer working AND:
- If you were (self-)employed, and when you stopped working had reached the Austrian pension age (no residency duration requirement.)
- If you were self-employed, but Austrian law doesn’t grant your category of work a pension right, you can claim at age 60 (no residency duration requirement.)
- If you were (self-)employed and when you stopped working took an early pension, you must have lived in Austria for 3 years and been working for at least the last 2 years before you retired.
- If you were (self-)employed and have lived in Austria continuously for more than 2 years, and you stopped working because of a permanent incapacity to work.
- If you were (self-)employed in and have lived in Austria continuously for at least 2 years and you stopped working because of a permanent incapacity.
- If that incapacity was due to an accident at work, or an occupational illness that grants you social benefits, you qualify straight away (no residency duration requirement.)
If you are a family member of someone who has permanent residence because of one of the cases above, you also gain it.
- If a (self-)employed person who has not yet earned permanent residence rights dies, family members residing with him at the time will straight-away qualify for permanent residence, provided that the deceased had resided and worked in Austria continuously for at least the previous two years.
- As in point 4 above, if the death was due to an accident at work or occupational disease, there is no time restriction.
Reference: Article 13(1) Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020. If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria. Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations. https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration (EU Directive 2019/C 384 I/01) which refers directly to Article 17 (1)a,b,c of the “Freedom of Movement” (EU Directive 2004/38/EC)
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I am considering taking Austrian citizenship. What are the comparative benefits of naturalisation or permanent residence?
Even if you are considering applying to take Austrian citizenship, it would be advisable to apply for the Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card in 2021 to cover the eventuality of your naturalisation procedure taking a long time (even the swiftest procedures take months as a minimum).
Naturalisation may require you to prove proficiency in German language and display an adequate degree of integration, whereas the Art 50 EUV card does not stipulate having attained a certain language proficiency.
Austria does not typically allow dual citizenship, so naturalisation apart from under a couple of very specific circumstances would require you to renounce your British citizenship.
One blog – From Brexit to Ex-Brit – covers the naturalisation process in detail.
It should however be noted that from after the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government., British citizens naturalising can expect to be treated as third country nationals (this will remove some of the pathways for naturalisation that are only afforded to citizens of other EU Member States.)
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For pre-2006 arrivals, does a Meldezettel suffice for the Art 50 EUV card application?
For British citizens resident in Austria since prior 1 January 2006, original residence registration form (e.g. MeldezettelMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration.) will also be your registration certificate. Authorities may ask for more evidence of your life in Austria when you apply for the Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card, although the Interior Ministry (BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery.) have made repeated assurances that they are “looking for reasons to grant status, not to refuse status”.
Update 12.01.2021 – information from MA35Magistratsabteilung 35 Residency and citizenship issues in Vienna are handled by Magistratsabteilung 35 (MA35). It has several offices in Vienna and where you need to go depends on whether or not you are an EU citizen (you go to one or other of its EU Referat offices depending on the district you live in), or its premises for third country nationals.:
In the case of anyone who had legally settled in Austria prior to 1.1.2006 registered in accordance with the Meldegesetz 1991 (ie. holding a Meldezettel/MeldebestätigungMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration.) this registration document has the equivalent quality of a certificate of registration (AnmeldebescheinigungAnmeldebescheinigung Every EU citizen who intends to stay longer than 3 months, must apply for the Anmeldebescheinigung within 4 months of first arrival in Austria. This is essentially a snap-shot of your status at that time, and confirms you have fulfilled the conditions to stay in Austria for longer. Your residence is still subject to certain rules. Note: British Citizens could only apply for the Anmeldebescheinigung until the end of the transition period (31.12.2020)), but does not confer an automatic right to permanent residency, since the requirements for permanent residence are required to exist continuously over a period of five years. In the casae of people only holding a Meldezettel, it is necessary to check whether they satisfy the conditions to qualify for a 10 year Art 50 EUV but a 10 year card will in this case be charged for, and it is not possible to “exchange” this existing status into an “Article 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms.” residency title free of charge. The application for Article 50 EUV cardAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. must be submitted by 31.12.2021.
The Austrian government’s Brexit FAQs contains further information: https://www.bundeskanzleramt.gv.at/en/topics/brexit/residency-and-access-to-the-labour-market.html
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Can short-term employment contracts be used as proof for Art 50 EUV card applications?
This issue has been passed on to the Austrian authorities for further clarification. (Update 30.12.2020 – no response received)
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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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What checks and balances and appeals procedures will there be for Art 50 EUV card applications?
UK nationals and their family members have a wide range of routes of redress and complaint available to them under the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020. If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria. Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations. https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration and elsewhere. These routes broadly mirror those currently available to UK nationals when exercising free movement rights in the EU.
UK nationals can complain to relevant public bodies in Member States and are granted a statutory right of appeal (administrative and judicial review) in their Member State of residence under the Withdrawal Agreement.
UK nationals will continue to have access to the European Commission’s complaints system; Your Europe Advice; CHAPs; the European Ombudsman; and “PETI”, the European Parliament’s Committee on Petitions.
The European Commission will continue to monitor compliance with EU law via complaints or on its own initiative. This includes rights under the Withdrawal Agreement.
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What is the minimum number of employment hours required for the Article 50 EUV card?
There is no published minimum income or number of hours. When applying for the Article 50 EUV cardAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms., you will need to provide evidence of your personal situation (as a worker, student, self-sufficient person, British family member or British spouse of an Austrian national) as well as proof of comprehensive healthSozialministerium The Austrian Ministry of Social Affairs, Health, Care and Consumer Protection is responsible for the following fields: The health care system Initiatives for people with disabilities Consumer protection Public health and medical issues Care and support The rights of consumers and the protection of their health Senior citizens’ policy Social policy Social insurance insurance. As a guidleline, the BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery. assured us that a minimum of around 5 1/2 hours per week would be enough. This is not set in stone and cases that are borderline will also be considered
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How will temporary absences be calculated in relation to the Art 50 EUV card?
For holders of the 5-year card, absences “not exceeding six months a year” are allowed. The Austrian authorities have confirmed that absences will be calculated on a rolling basis, that means a total of 6 months in the last 12 months. This might catch you out if you take a long winter holiday and a long summer holiday away from Austria.
Seasonal workers leaving Austria at the end of the winter season to only return for the following winter season must take particular care about how many days they spend outside of Austria.
Holders of 10-year cards (ie permanent residence) 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.
Special conditions apply for one-off longer absences in exceptional situations, such as for studying (for a year abroad), caring for an elderly relative (not explicitly mentioned), postings abroad by your Austrian employer, or military service. This absence is also referred to on the Austrian BMI Brexit Website
The advice we have received in 2021 from Your Europe Advice (ref: 334484) on the extended absences is that:
- “There is no specific process you need to follow to notify the Austrian authorities of such absences. You will need to retain documentation which explain the reasons for your absence in case this is requested.“
- “In such cases, upon your return to Austria, we consider that you would have to remain there for a least six-months in order to reset the clock on permitted absences”
If you break the rules and are away for too long, you risk permanently 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 .
Notes:
- HealthSozialministerium The Austrian Ministry of Social Affairs, Health, Care and Consumer Protection is responsible for the following fields: The health care system Initiatives for people with disabilities Consumer protection Public health and medical issues Care and support The rights of consumers and the protection of their health Senior citizens’ policy Social policy Social insurance insurance cover in Austria may be used to determine the length of absence. Ensuring that you have health insurance cover in Austria is therefore essential (a travel insurance policy does not suffice for residence purposes).
- Periods of unemployment, where there is no health insurance coverage, may also affect your future eligibility for a 10 year card.
Non British/Non-EU Spouse
Please be VERY careful if you have a non-British/Non-EU Spouse with a 5 year 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. FAMILIE card. Your absence can also affect their right of residence in Austria! The advice from Your Europe Advice is:
“The right of residence of UK citizens and their family members after BREXIT is set out in Article 13 of the Withdrawal Agreement which refers to Directive 2004/38/EC. The case of departure of the UK citizen normally also leads to the loss of the right of residence of the non-EU family members, except in cases according to Article 12 (3) of Directive 2004/38/EC, to which Article 13 of the Withdrawal Agreement refers:
Departure of the UK citizen (for more than six months) does therefore not affect the right of residence of his/her children or of the parent who has actual custody of the children, if the children reside in the host Member State and are enrolled at an educational establishment, for the purpose of studying there, until the completion of their studies.”
Useful Links:
Gov.uk – Explainer for part two (citizens’ rights) of the agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union (see para. 14 (5 year card absence rules) & para. 18 (10 year card absence Rules)
See also British Embassy, Vienna Q&A November 2020
Last revised: 25.08.2023
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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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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.
Useful Links
- Austrian Government Brexit Website: https://www.bundeskanzleramt.gv.at/en/topics/brexit/education-studying-youth-mobility-and-research.html
- UK Government Guidelines on Recognition of Professional Qualifications
- Working in Austria Competency Assessment
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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. |
Updates:
13.05.2021 – new deadline for exchanging driving licences (30.06.2021)
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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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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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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 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. |
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I hold a passport of another EU Member State in addition to British citizenship. Do I need to get an Art 50 EUV card?
If you originally registered in Austria using a British passport, have not included your other nationality on your MeldebestätigungMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration. or AnmeldebescheinigungAnmeldebescheinigung Every EU citizen who intends to stay longer than 3 months, must apply for the Anmeldebescheinigung within 4 months of first arrival in Austria. This is essentially a snap-shot of your status at that time, and confirms you have fulfilled the conditions to stay in Austria for longer. Your residence is still subject to certain rules. Note: British Citizens could only apply for the Anmeldebescheinigung until the end of the transition period (31.12.2020), you will need to update these accordingly so the authorities are aware of your other (and therefore EU) nationality, otherwise you will have to apply for the new Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card in 2021.
In addition, you should also inform both the ÖGK and Finanzamt – your employer may be able to assist in this regard through payroll accounting.
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I am a long-term resident with an Austrian spouse. Will I have to change my residency paperwork?
Regardless of who you are married to, or how long you have been here before 2021, every British citizen must apply for either an Article 50 card, or for the more restrictive non-EU citizen residency permit before the end of 2021.
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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 EEAEEA The European Economic Area (EEA) consists of the 27 EU Member States as well as Iceland, Liechtenstein and Norway. The United Kingdom is not part of the 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. |
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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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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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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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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).
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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.
If a photo is held on file, you’ll be sent a photo e-card before your old one runs out (which could be as late as the end of 2023).
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.
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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.
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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.
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If my passport is being renewed, can I use an Emergency Travel Document for my Art 50 EUV card application?
Background: Some people in the Facebook groupsthe Facebook groups Britishinaustria.net draws upon its two Facebook groups as a source of questions to address in FAQs or to refer to the authorities or to request clarification from government ministries or HM British Embassy. These groups can be found at: British in Austria: https://www.facebook.com/groups/BritishAustria British in Europe ~ Austria: https://www.facebook.com/groups/BritishinAustria have asked whether they can use an Emergency Travel DocumentEmergency Travel Document The Emergency Travel Document (sometimes also called an Emergency Passport) is issued for British citizens abroad who need to travel who do not have a passport for travel (e.g. due to loss/theft/expiry of their previous travel document) and are unable to apply for one in time. Full eligibility criteria can be found on the section of the UK Government Website about Emergency Travel Documents. (ETDEmergency Travel Document The Emergency Travel Document (sometimes also called an Emergency Passport) is issued for British citizens abroad who need to travel who do not have a passport for travel (e.g. due to loss/theft/expiry of their previous travel document) and are unable to apply for one in time. Full eligibility criteria can be found on the section of the UK Government Website about Emergency Travel Documents.) in the case that their passport is being renewed for their Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card application.
Response from HM Embassy – received 09.11.2020.
UK nationals will need to use their standard British passports when applying for the new Article 50 EUV cardAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms.. We would like to reassure you that the COVID-related backlog in processing passport applications earlier in the year has now been cleared.
The application process for the new residency card will be open for the whole of 2021, so it is not necessary for everyone to apply at the start of January. There is no requirement for future validity (i.e. 6 months) on a passport used as proof of nationality when evidencing rights under the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020. If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria. Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations. https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration .
UK nationals resident in Austria whose passports are approaching expiry should replace the documents in good time.
HM Embassy to britishinaustria.net
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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 Agreement | R-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), dependent direct parents or grandparents; Adopted children are treated as natural children. (spouse/partner, children, grandchildren, parents, grandparents…) | spouse/partner and unmarried children |
Language test | none | A1 – 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 cost | 5 years (€50), then permanent residence is awarded (€70) | 3 years (€120). After 5 years (€120) |
Who can get one? | Anyone resident in Austria before 01.01.2021 | Only highly qualified, or people in a required profession. |
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.
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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.
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What happens if I/we divorce, or I leave Austria, or I die?
Your family members that haven’t gained independent right of residence may still be covered by the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020. If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria. Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations. https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration through “retained rights”. This is a complex subject and you should seek expert advice.
Your family members that have gained independent right of residence will be covered by the Withdrawal Agreement and can stay as before.
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Is there a difference between rights gained before or after 2020?
Yes. If you qualified for your rights under the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020. If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria. Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations. https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration before the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government. you are considered as a right holderRight Holder This is the person who was resident in Austria before 2021 and in their own right is covered by the WA. Family members who do not themselves hold independent residency rights derive their right from this person. in the context of family reunions. It is important to note that you need to be a right holder to have your family join you, and that you can only be a right holder if you were living in Austria legally before end of 2020.
Only family members who were here before the end of the transition period can become right holders just like you, even if they were dependents previously. They, like you, will be able to have their core families join them later.
Those core familycore family Direct and close family members. Spouse, registered partner, children under 21 (or over 21 if still dependent), dependent direct parents or grandparents; Adopted children are treated as natural children. members who joined you after the end of the transition period will not be able to become right holders. They will not be allowed to have their future families join them.
Your core family can eventually gain Withdrawal Agreement residency rights for themselves (e.g. by getting a job, becoming a student, or after 5 years of residency in Austria). Depending on whether they were here before or after the end of 2020 will determine whether they can later bring their core families to Austria.
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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.
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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.).
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Which family members can and cannot join me in Austria?
- 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), 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
- Persons whose presence is necessary so that the sponsor is not deprived of his or her right of residence granted 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
.
- Who may be able to join me under the Withdrawal Agreement:
- Your extended family who were not living in Austria before 31.12.20, BUT who applied to join you before that date.
- Your partner in a durable relationship who was not resident in Austria before 31.12.20, provided the durable relationship existed before 31.12.20.
- Who cannot join me under the Withdrawal Agreement
- Your extended family who were not living in Austria before 31.12.2020 and did not apply before the end of transition
- If you marry someone, enter in to a registered partnership or become a partner in a durable relationship, but you were not in a relationship 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.
For dependent parents and grandparents: Proof is required that they are financially dependent on the sponsor at the time of the application and that the sponsor has a history of supporting them financially. Physicial dependency and/or emotional dependency does not factor here, unless it’s discretionary. In other cases they might need to look at the quota based privateer/retiree permit.
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.
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How long does my family have to register after they arrive?
Family members arriving in 2021 must register within 3 working days for the MeldebestätigungMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration., and must apply within 3 months of arrival for their Article 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. cards. You as the right holderRight Holder This is the person who was resident in Austria before 2021 and in their own right is covered by the WA. Family members who do not themselves hold independent residency rights derive their right from this person. must either already have your Article 50 EAV card, or you can apply at the same time as your family.
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I am resident in Austria, and the rest of my family will move in 2021. What will we have to do?
Your core familycore family Direct and close family members. Spouse, registered partner, children under 21 (or over 21 if still dependent), dependent direct parents or grandparents; Adopted children are treated as natural children. members can join you at any time, provided your relationship already existed by 31.12.2020.
Firstly, registration: Get their MeldebestätigungMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration..
They must then apply for their Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. cards as your family members within 3 months of arrival. You can do this either if you already have your own Art 50 EUV card, or alternatively you can apply for the whole family at the same time – there is no fixed recommendation in this regard – so you may choose either way, depending on what is more convenient for you. Confirmations of application will be issued to cover the period until their cards come through.
They will have to show they are supported by you or have their own jobs. As long as you are (self-)employed or self-sufficient they will be covered by you. The order in which to do things or exactly how to get them covered by your Krankenkasse has not yet been resolved. Therefore it would be advisable to contact the ÖGK as soon as you know when your relations are going to be moving out to Austria to join you.
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Can my family members become right holders themselves?
Only someone who themselves have the right to residence in Austria can become right holders. That means that your spouse, who was working and living in Austria before the end of 2020, will in their own right be a right holderRight Holder This is the person who was resident in Austria before 2021 and in their own right is covered by the WA. Family members who do not themselves hold independent residency rights derive their right from this person.. If they arrived after the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government. ended they will never be able to become a right holder, but can still obtain independent residency rights after five years.
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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.).
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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
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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.
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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.
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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
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Where can I find The Withdrawal Agreement text?
The EU has it here for all to see. On that page are also some explanatory notes. Warning : It is over 500 pages long.
If you find that too daunting, our mother group British in Europe has some great guides to the WA
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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 EEAEEA The European Economic Area (EEA) consists of the 27 EU Member States as well as Iceland, Liechtenstein and Norway. The United Kingdom is not part of the 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. Note: British Citizens could only apply for the Anmeldebescheinigung until the end of the transition period (31.12.2020) 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 (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.)
- 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 healthSozialministerium The Austrian Ministry of Social Affairs, Health, Care and Consumer Protection is responsible for the following fields: The health care system Initiatives for people with disabilities Consumer protection Public health and medical issues Care and support The rights of consumers and the protection of their health Senior citizens’ policy Social policy Social insurance insurance coverage), 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.
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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. Note: British Citizens could only apply for the Anmeldebescheinigung until the end of the transition period (31.12.2020), 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.
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What is a regulated profession?
A regulated profession is one where a qualification or certificate of proficiency is required. These include e.g.: 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 professionals, architects, lawyers, doctors, or any of those professions performed on a commercial basis.
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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).
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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.
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Delays at the Passport Office
(Information as of 10th October 2020)
- We were assured that the backlog has now been cleared and the system is working efficiently again
- 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.
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Current freedom of movement rules
An explanation of the current rules of freedom of movement will be helpful to many people:
- EU citizens are entitled to enter without a visa. They have the right to stay in the Federal territory for a period of three months. This is regulated in the Foreign Police Act (FPG). Employed persons (employees, self-employed persons, service providers), but also those not gainfully employed, provided they have sufficient means of subsistence and comprehensive healthSozialministerium The Austrian Ministry of Social Affairs, Health, Care and Consumer Protection is responsible for the following fields: The health care system Initiatives for people with disabilities Consumer protection Public health and medical issues Care and support The rights of consumers and the protection of their health Senior citizens’ policy Social policy Social insurance insurance cover, have a right of residence for more than three months. The person concerned may not burden the social system of Austria.
The right exists for the following persons:
- Employed or self-employed persons and job seekers (for a certain period of time)
- Economically inactive persons (e.g. pensioners) who have sufficient own means of subsistence and comprehensive health insurance cover for themselves and all their family members, or
- Students and trainees who have sufficient own means of subsistence and comprehensive health insurance cover or
- Family members of a person, who fulfils one of the criteria listed above.
Therefore a person can rely on their status of economically inactive person, if they can show sufficient own means of subsistence and comprehensive health insurance.
Alternatively a person currently not employed can rely on their family members right to freedom of movement and get an AnmeldebescheinigungAnmeldebescheinigung Every EU citizen who intends to stay longer than 3 months, must apply for the Anmeldebescheinigung within 4 months of first arrival in Austria. This is essentially a snap-shot of your status at that time, and confirms you have fulfilled the conditions to stay in Austria for longer. Your residence is still subject to certain rules. Note: British Citizens could only apply for the Anmeldebescheinigung until the end of the transition period (31.12.2020)/Article 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. residence permit as a family member (that is the example with one family member working).
It is important to note that if a person is employed or self-employed there is no income requirement. Any person who, in the context of an employment relationship for remuneration, carries out real and genuine work for a certain period of time is considered a worker Only activities which are of such a small scale that they are completely subordinate and insignificant are disregarded. Neither the limited amount of the remuneration nor the origin of the resources for that remuneration can have any effect on the status of worker within the meaning of Union law. Therefore also persons who are only employed “geringfügiggeringfügig Geringfügige Beschäftigung (marginal employment) relates to low income employment, for which certain conditions and restrictions apply. Someone employed as "geringfügig" has a maximum monthly income of € 460.66 per month. It applies to part-time, season or casual employment relationships, and from an employer's perspective has lower ancillary costs.” or for a small number of hours a week are considered workers.
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Once you have your Article 50 EUV card
- Absence from Austria:
- With the 5-year card you are entitled to be abroad for up to 6 months each year (although there are circumstances such as being sent abroad by your employer, a serious healthSozialministerium The Austrian Ministry of Social Affairs, Health, Care and Consumer Protection is responsible for the following fields: The health care system Initiatives for people with disabilities Consumer protection Public health and medical issues Care and support The rights of consumers and the protection of their health Senior citizens’ policy Social policy Social insurance issue or studying in which this can be extended).
- With the 10-year card you are allowed 5 years of absence (which is better than the 2 years offered to EU citizens under the freedom of movement rules).
- 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.
- The Article 50 EUV card is NOT sufficient to cross an international border. You will need your passport too (including within the Schengen areaSchengen Area The Schengen Area is European border control-free travel area, consisting of all EU Member States except for Bulgaria, Croatia, Cyprus, Ireland and Romania, as well as Iceland, Norway, Switzerland and Liechtenstein.).
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Hauptwohnsitz/Nebenwohnsitz
- There will be a clear distinction in most cases:
- If your house in Austria is registered as your NebenwohnsitzZweitwohnsitz Secondary places of residence (e.g. holiday homes that you spend some time in yourself, pied-à-terres, granny flats) are known as Zweitwohnsitze (in legal terms) or Nebenwohnsitze (in common parlance). While you may reside at a secondary residence for part of the time, it does not constitute the centre of your vital interests. It is of course possible to change your residence status (i.e. from your Zweitwohnsitz to Hauptwohnsitz - known as Ummeldung) to reflect changes in circumstances, although you should be aware that "flipping" is not intended for short-term changes and that doing so can affect the status of grants etc. contingent on the location of your vital interests. but you live in it for 11 months/year, then it is your HauptwohnsitzHauptwohnsitz Your Hauptwohnsitz is your principle place of residence, i.e. where you typically have the centre of your vital interests. Other residences are known as Nebenwohnsitze. and it won’t stop you from obtaining the Article 50 EUV cardAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms..
- If you only live in your house in Austria for 1 month/year then it is a Nebenwohnsitz. You won’t be able to obtain the Article 50 EUV card, but this won’t stop you from living in the house for 1 month per year.
Clarification July 2021: Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card qualification has not been solely based on the quality of registration of a residence (i.e. people who were initially registered in Austria only as Nebenwohnsitz, but who were resident prior to 31.12.2020 have been able to get cards), however to retain their A50 status, they are required to keep any period of continuous absence to under six months. Some seasonal workers have been told to prove their continuing residence in Austria during the summer season to obtain their Art 50 EUV cards.
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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?
- If you have the Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020) then there is no problem – there is no income requirement.
- If you only have the AnmeldebescheinigungAnmeldebescheinigung Every EU citizen who intends to stay longer than 3 months, must apply for the Anmeldebescheinigung within 4 months of first arrival in Austria. This is essentially a snap-shot of your status at that time, and confirms you have fulfilled the conditions to stay in Austria for longer.
Your residence is still subject to certain rules.
Note: British Citizens could only apply for the Anmeldebescheinigung until the end of the transition period (31.12.2020) then:
- You may wish to strategically choose a time to apply when you or a family member do have a job, hoping that the labour market situation will improve during 2021. See next point.
- If one family member has a job (employed or self-employed; “real and genuine work”) for a minimum of 5.5 hours/week then there is no income requirement and you will all be able to obtain your Article 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. cards. See Current freedom of movement rules below (#29).
- Again, it was stressed in the British Embassy meeting in October 2020 that this might seem harsh, but this is simply applying EU freedom of movement rules – it would also be the case without Brexit.
- 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).
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I’m retired with a UK pension and I’m worried since my income is below the income requirement. Help me!
- Your UK pension will be considered as your income. If you have been here for more than 5 years than you can apply for the Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020) already in 2020 (if you haven’t already got it), then assuming you are successful, you will have peace of mind and be able to simply exchange that for your Article 50 EUV cardAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. in 2021 (see #17). Even if your income is indeed too low, it would be too low to remain in Austria even without Brexit anyway (see #31). But you won’t have to up and leave as the authorities will examine the individual case. For example, having lived in Austria for the past 10 years or owning property in Austria would make a strong case for being allowed to continue living in Austria (under Article 8 of the European Convention on Human Rights) even if the income requirements are not fulfilled.
- 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).
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What can we do to prepare?
- Continue to keep in touch with one another:
- Social media and support groups:
- British in Austria on Facebook https://www.facebook.com/groups/BritishAustria
- British in Austria blog https://www.britishinaustria.net
- UK Citizens in Austria https://ukcitizensinaustria.wordpress.com
- Active local groups such as English Speakers in Salzburg https://www.facebook.com/groups/english.salzburg
- UK government: https://www.gov.uk/guidance/living-in-austria
- Homepage of the Federal Chancellery: https://www.bundeskanzleramt.gv.at/en/topics/brexit.html
- Social media and support groups:
- 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).
- Make sure that you have a MeldebestätigungMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration. (MeldezettelMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration.) and at least the AnmeldebescheinigungAnmeldebescheinigung Every EU citizen who intends to stay longer than 3 months, must apply for the Anmeldebescheinigung within 4 months of first arrival in Austria. This is essentially a snap-shot of your status at that time, and confirms you have fulfilled the conditions to stay in Austria for longer. Your residence is still subject to certain rules. Note: British Citizens could only apply for the Anmeldebescheinigung until the end of the transition period (31.12.2020). If you arrive in the country in the last few months/weeks/days before 31 December 2021 get these quickly!
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What do I need to bring with me to my Article 50 EUV appointment?
- If you have a Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover.
Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021.
Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020) then all you will need to bring with you to apply for the Article 50 EUV cardAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union.
The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. is:
- Passport
- Passport photo (for the new card you will receive)
- Bescheinigung des Daueraufenthalts
- Note: The authority may exceptionally ask for further documents because for example a person has the Bescheinigung des Daueraufenthalts with their maiden name and has since married (and the passport is under his/her married name).
- If you don’t have a Bescheinigung des Daueraufenthalts then in addition to your passport and a passport photo you will need to bring proof of your status. This is all clearly stated in the supporting notes to the application form but might include:
- For employees: A work contract
- For the self-employed: Proof that you are self-employed. E.g. an income tax assessment
- For the economically inactive: Proof of sickness insurance cover; proof of sufficient financial resources to support yourself and family members (e.g. pension)
- For students/school pupils: Proof of enrolment; proof of sickness insurance cover; proof of sufficient financial resources
- For family members: AnmeldebescheinigungAnmeldebescheinigung Every EU citizen who intends to stay longer than 3 months, must apply for the Anmeldebescheinigung within 4 months of first arrival in Austria. This is essentially a snap-shot of your status at that time, and confirms you have fulfilled the conditions to stay in Austria for longer. Your residence is still subject to certain rules. Note: British Citizens could only apply for the Anmeldebescheinigung until the end of the transition period (31.12.2020) as a family member; birth certificate
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How to apply for the Article 50 EUV card
- 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.
- 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
- There may be an online appointment system in the office you need to attend – check online
- The cost of the 5-year card hasn’t yet been fixed but will be around €60.
- 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.
- Your fingerprints will be taken.
- Everybody who is claiming the Article 50 EUV card should have one of the following:
- An AnmeldebescheinigungAnmeldebescheinigung Every EU citizen who intends to stay longer than 3 months, must apply for the Anmeldebescheinigung within 4 months of first arrival in Austria. This is essentially a snap-shot of your status at that time, and confirms you have fulfilled the conditions to stay in Austria for longer. Your residence is still subject to certain rules. Note: British Citizens could only apply for the Anmeldebescheinigung until the end of the transition period (31.12.2020) (required after 3 months living in Austria)
- the Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020) (available for those who have paid social insurance payments continuously for 5 years)
- Only if you moved to Austria before 1/1/2006: A MeldezettelMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration./MeldebestätigungMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration.
Note: It will not be a problem if your status has changed since obtaining the document in #9 – e.g. between working, self-employed, geringfügiggeringfügig Geringfügige Beschäftigung (marginal employment) relates to low income employment, for which certain conditions and restrictions apply. Someone employed as "geringfügig" has a maximum monthly income of € 460.66 per month. It applies to part-time, season or casual employment relationships, and from an employer's perspective has lower ancillary costs., student and retired.
Note also: Even if a British national doesn’t have a document (in particular an Anmeldebescheinigung) but fulfils the requirements for one, he or she will be covered under the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020. If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria. Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations. https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration . So whether you forgot to apply, had applied but now lost the document or the document was destroyed or stolen, you are still covered by the Withdrawal Agreement and can continue to live and work in Austria as long as you fulfil the criteria for freedom of movement under EU law (see FAQ:Current freedom of movement rules).
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Will I be eligible for the Article 50 EUV card?
Many people are understandably worried. Maybe you don’t have a Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020). Maybe you are retired with little income. Maybe you are currently unemployed…
- 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
- 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.
- 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).
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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.
- 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).
- We were repeatedly told that EVERY British citizen living in Austria must apply including children and babies. We have plenty of time – the whole of 2021. There is no need to apply in January but they are secretly hoping that some of the straightforward cases (presumably anyone holding a Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020)) might apply early (from Monday 4 January) to prove to others that the system works (The BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery. and the Embassy called this “quick wins”).
- The application form is as short and simple as possible.
- 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.
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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).
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What is the Brexit-Durchführungsverordnung?
The Brexit Durchführungsverordnung (Brexit Implementation Regulation) is the Regulation/ordinance in Austrian law that covers 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 4.1.2021 to British citizens in Austria who are legally resident.
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When does the Brexit-DV enter into force?
After public consultation, 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. was published on 23.12.2020, and published in the Federal Law Gazette that day. It entered into force on 01.01.2021, allowing the application 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 to start on 04.01.2021.
The full text is accessible in German at: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20011419
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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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