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