Will I be eligible for the Article 50 EUV card?

Many people are understandably worried. Maybe you don’t have a Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020). Maybe you are retired with little income. Maybe you are currently unemployed…

  1. For those who don’t yet meet the threshold for permanent residency (Bescheinigung des Daueraufenthalts see #9) you will be subject to the income requirement, unless you or a family member is working (see #11 below). EU rules state no exact monthly sum of income when applying for the 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. and the sums haven’t yet been fixed but it seems likely that they will be the same as the existing rules for 3rd Country nationals which require:
    • €1,000 net for individuals
    • €1,500 net for partners
    • An additional €143 net per child
  2. Notes to the income rules in #10 above:
    • There is no income requirement for anyone who has long-term residency status (Bescheinigung des Daueraufenthalts).
    • If somebody is a worker/self-employed, there is no income requirement under EU law – even if the work is only part-time. See FAQ: Current freedom of moment rules
    • The sums stated in #10 above are for discretionary income i.e. after paying rent, utility bills.
    • Unemployment benefits, child support etc. count as income.
    • The 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. stressed that they really don’t want to throw people who are living here out of the country. There will be some discretion given to the local authorities here for individual cases (so prepare your arguments well if you don’t meet the income requirements).
    • The BMI stressed that this might seem harsh but it would also be the case without Brexit. EU freedom of movement rules don’t allow someone to live in a foreign EU country for more than 3 months unless they have sufficient income.
  3. If you do satisfy the conditions for the Bescheinigung des Daueraufenthalts but haven’t yet applied for it, you still have time until the end of 2020, unless you live in Vienna (the appointment system there is full until 2021).

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