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.