In July 2022, an amendment to the Gebührengesetz reduced the charge (Gebühr) for an Art 50 TEU card application by a minor from EUR 61.50 to EUR 26.30. More importantly the change was made retroactively with effect from 1 January 2021 (i.e. thereby covering all applications made for the Article 50 TEU card).
For whom does the new reduced rate apply?
The new reduced fee is applicable for all Article 50 card applications by applicants under the age of 16 (whether initial applications, e.g. for a newborn baby that is the child of a cardholder, or a child/minor under the age of 16 on the day of the application being submitted, or any renewal prior to turning 16). The new fee also applies for replacement cards, provided that the cardholder has not reached the age of 16 before applying for their replacement card.
When does the new rate apply from?
The new rate has been applied retroactively from 01.01.2021, meaning that any previous applications made before a child’s 16th birthday, with the cut-off point being the date the application was made, are also covered.
How do I get a refund for an application made prior to the amendment of the Gebührengesetz?
The Ministry of the InteriorBMI The Bundesministerium für Inneres (BMI) - Austria's Ministry for the Interior - is the competent ministry for issues related to residency and citizenship. (as the competent ministry for residency law) together with the Ministry of Finance (as the competent ministry for the Gebührengesetz) have confirmed the following procedure for a refund:
Any minor (at the time of application) who was incorrectly charged EUR 61.50 (the adult fee) for their Art 50 TEU card application can receive a refund for the amount of the difference.
The application is required to be submitted in writing (by letter and not by e-mail) to the Finanzamt Österreich – Dienststelle Sonderzuständigkeiten.
Finanzamt Österreich – Dienststelle Sonderzuständigkeiten
The application for a refund must contain the following details:
- Documents that prove that the (incorrect) fees were paid. These are likely to be the receipt from the authority where you applied, and an bank account transaction statement.
- The case number (Geschäftszahl) of the application and the date of the application
- The name of the competent authority that collected the fees (e.g. local Bezirkshauptmannschaft, the Brexit Referat at 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.)
- The applicant’s bank details (Name of account holder, IBAN number)
- The applicant’s name and address and signature. In the case of a child/minor, a parent/guardian should state that they are applying on behalf of the applicant.
To make the application process easier, we have drawn up a template letter in German that can be submitted.
The BMF website contains further information (in German only) at: https://www.bmf.gv.at/themen/steuern/steuern-von-a-bis-z/gebuehrengesetz/Verfahren-zur-Entrichtung-der-festen-Geb%C3%BChren-durch-den-Geb%C3%BChrenschuldner.html.