Is there any way I can obtain permanent residency before 5 years?

Yes, under certain specific circumstances you can obtain permanent residency without having to stay for 5 years. If you qualify you can apply directly for the permanent (10 year) Article 50 card.


You qualify for permanent residency before 5 years if you are no longer working AND:

  1. If you were (self-)employed, and when you stopped working had reached the Austrian pension age (no residency duration requirement.)
    • If you were self-employed, but Austrian law doesn’t grant your category of work a pension right, you can claim at age 60 (no residency duration requirement.)
  2. If you were (self-)employed and when you stopped working took an early pension, you must have lived in Austria for 3 years and been working for at least the last 2 years before you retired.
  3. If you were (self-)employed and have lived in Austria continuously for more than 2 years, and you stopped working because of a permanent incapacity to work.
  4. If you were (self-)employed in and have lived in Austria continuously for at least 2 years and you stopped working because of a permanent incapacity.
    • If that incapacity was due to an accident at work, or an occupational illness that grants you social benefits, you qualify straight away (no residency duration requirement.)

If you are a family member of someone who has permanent residence because of one of the cases above, you also gain it.

  1. If a (self-)employed person who has not yet earned permanent residence rights dies, family members residing with him at the time will straight-away qualify for permanent residence, provided that the deceased had resided and worked in Austria continuously for at least the previous two years.
    • As in point 4 above, if the death was due to an accident at work or occupational disease, there is no time restriction.

Reference: Article 13(1) 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   (EU Directive 2019/C 384 I/01) which refers directly to Article 17 (1)a,b,c of the “Freedom of Movement” (EU Directive 2004/38/EC)

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