My Art 50 EUV card covering letter contains a section about “Rechtsmittelbelehrung” Do I need to do anything?

Note: this FAQ most commonly affects applications in Vienna, where 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. cards issued by 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. are posted as RsA-Briefe to applicants.

The issuance of your card is ultimately in the form of an administrative decision (Bescheid) which the letter from MA35 is. All such decisions contain information about the right of appeal, which is contained in the section of the letter/Bescheid entitled “Rechtsmittelbelehrung” (ordinary right of appeal).

Since the right of appeal has to be made within four weeks of receipt of the Bescheid, this is another reason why cards are being sent out as RsA-Briefe, so that start of the four week period in which an appeal may be lodged is clear (i.e. at the point of legal delivery of the letter to you).

In the case that you have received the card, you are likely to not wish to appeal against the decision, so you just ignore this part of the letter (and the Bescheid then becomes legally effective upon expiry of the this four week period).

In case you do wish to complain about the decision, you would have to submit a full justification in writing about the grounds on which you wish to appeal (Beschwerde), including the grounds on which the Bescheid is legally inadmissible and any information that serves of proof that the decision is inaccurate. You must also state whether you wish an oral hearing (mundliche Verhandlung) at the Administrative Court (Verwaltungsgericht) at the time that you submit your appeal (Beschwerde). You are also required to pay a EUR 30 fee for appealing.

Note: Update 16.05.2021 This appeal process also applies for people issued a five year card, who believe that they should have received/were entitled to a ten year card, however they are advised to first contact the authority they applied through to check that a clerical error has not occurred. Please also consult this page for a full list of FAQs about appeals.

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