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 BrucknerVienna Business Agency Expat Center

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