How will temporary absences be calculated in relation to the Art 50 EUV card?

For holders of the 5-year card, absences “not exceeding six months a year” are allowed. The Austrian authorities have confirmed that absences will be calculated on a rolling basis, that means a total of 6 months in the last 12 months. This might catch you out if you have a long winter holiday and a long summer holiday in Austria.

Holders of 10-year cards are allowed absences of up to 5 years in a block. So, for example, a period of 2 years away, then a month back and another absence of 4 years is allowed.

Card holders who spend a lot of time abroad are in any case advised to keep a note (and as necessary proof of travel) about dates of travel. If there is any doubt as to when you were in or out of Austria, the onus is on you to prove it.

There are special conditions for longer absences in exceptional situations, such as for studying, caring for an elderly relative, postings abrioad by your employer, or military service. These exceptions must be applied for.

If you break the rules and are away for too long, you risk losing your residency rights under the 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.   for ever.

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