I want to go off travelling in the future. What must I bear in mind regarding my residence status?

Article 50 EUV cardAufenthaltstitel "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. holders who do not hold a 10 year card (i.e. one marked DAUERAUFENTHALTSRECHT) need to take particular care when considering their options for going travelling. Here are a list of considerations to bear in mind if you hold a 5 year Article 50 EUV card:

  • Applications for a new card must be made before the expiry of your current five year card, so do not plan your grand tour for the final three months of its validity.
  • If you have not already satisfied the requirement of five years uninterrupted legal residence before you head off travelling, pay particular attention to how long you are away from Austria to avoid accidentally interrupting your residency. You may only be away for a period of 180 days in a rolling 12 month period if you hold the five year card. If your residence is interrupted by exceeding this, you will no longer be in scope of 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.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration   and you will not be able to get a new Article 50 card and will be handled like a 3rd country national3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states. (3CN3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states.). Some limited exceptions apply, e.g. if you are studying in Austria and spend a year abroad studying, or if you travel for medical reasons (e.g. for medical treatment in the UK) for up to 12 months on a one-off basis.
  • If you are unemployed / between jobs you should seek 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. advice about what travel is possible. In some situations, benefits may be dependent on your actively jobhunting and attending interviews and courses, and a dim view might be taken about going off travelling. Similarly you should also check that you remain covered for insurance purposes, to avoid a gap in insurance cover interrupting your residence, and impeding your qualifying for a ten year card.
  • “Popping back” for a weekend in the middle of your travels to reset the clock won’t work. You will have to ensure that Austria remains the “centre of your vital interests”.
  • If travelling within the Schengen areaSchengen Area The Schengen Area is European border control-free travel area, consisting of all EU Member States except for Bulgaria, Croatia, Cyprus, Ireland and Romania, as well as Iceland, Norway, Switzerland and Liechtenstein., remember that you can only spend 90 days in 180 outside the country of your residence.

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