My employer is nervous as I don’t have my Art 50 EUV card yet. What should I do?

We have had several people who had applied back in the summer for their 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 and it has yet to come through, and who have been chased up by HR at work or line managers who are unaware of the situation surrounding the Article 50 card.

We would advise furnishing the following two items (texts both in German) for your employer and providing them with a copy of the Bestätigung über die Antragstellung (confirmation that you have applied) for your 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..

  1. The ArbeitsmarktserviceArbeitsmarktservice 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. (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.) has an information page, and this page has already helped a number of Article 50 EUV card applicants assuage any fears. Importantly it states that you are only required to have applied for the card by 31.12.2021 – and that the Bestätigung über die Antragstellung remains valid until the conclusion of your procedure (and any appeal, in the event a card is not granted) https://www.ams.at/unternehmen/service-zur-personalsuche/beschaeftigung-auslaendischer-arbeitskraefte/brexit-informationen-fuer-staatsangehoerige-und-familienangehoerige
  2. The secondary legislation – the Brexit Implementation Regulation (Brexit-DVBrexit Durchführungsverordnung The Brexit Durchführungsverordnung (Brexit Implementation Regulation) is the Regulation/ordinance in Austrian law that will cover issues about residency for British citizens after the end of the transition period.; Brexit-Durchführungsverordnung) enacted by 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. (BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery.) clarifies the legal conditions for the application for the card and §3 (1) should be enough to satisfy your employer. https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20011419

Once you receive your card, submit copies of both sides of the card to your HR department and/or line manager. The reverse (back) of the card contains a remark that you have free access to the employment market.

Reverse of the Article 50 card – the Remarks at the top explain that you have “free access to the employment market under Article 18 (1) 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  ”

In case they ask for Article 18 of the Withdrawal Agreement – a side-by-side version is available on EUR-LEX at: https://eur-lex.europa.eu/legal-content/EN-DE/TXT/?uri=CELEX%3A12019W%2FTXT%2802%29

In 2021, 9,458 applications were made for the Article 50 EUV card (a figure that includes non-British Angehörige who have also applied). As of 01.01.2021 there were 11,529 UK Citizens resident in Austria.

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