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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