Where an employer has non-resident, non-Austrian, non-EU candidates for vacancies, they have to do a number of things before they are actually able to employ from this group:
- They are required to place a job ad for all vacancies with the 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. for at least 2 weeks.
- All Austrian/EU applicants applying through the AMS must be interviewed.
- The employer must provide the AMS with justification why the Austrian/EU applicants are not suitable for being employed (lack of qualifications/experience etc.).
At this point the Austrian authorities, typically but not exclusively the AMS, Arbeiterkammer, Wirtschaftskammer, Gewerkschaft, are required to review the employer’s justification not to employ EU citizens. In the case that the justification is accepted then a check is done about whether the visa quotas have been exceeded. If they have then the advertise/interview cycle is required to be resumed.
In the case that the visa quotas have not been exceeded, then the employer informs the candidate to apply for a visa. At this point the candidate should apply to the Austrian Embassy for a D type visa with a stamp granting permission to work.
H/T Keith Hill for the flowchart