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:

  1. 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.
  2. 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.
  3. 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.

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