Apart from the Meldezettel does she have any other residency paperwork (e.g. Anmeldebescheinigung) and how is she covered for health insurance. Provided your mother was legally resident prior to Brexit and maintained a continual residence the BH is technically wrong, they can evaluate the case. However given the Article 50 registration process ended 31st December 2021 and we are now in 2023, this is pushing it somewhat. The BH should double check with their superiors in the BMI and the reference is Brexit-DV § 3(4) which references the Withdrawal Agreement Article 18(1)(d)..This is what it says in English –
“where the deadline for submitting the application referred to in point (b) is not respected by the persons concerned, the competent authorities shall assess all the circumstances and reasons for not respecting the deadline and shall allow those persons to submit an application within a reasonable further period of time if there are reasonable grounds for the failure to respect the deadline”
Here are the links to use.
Brexit-DV – https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20011419
Withdrawal Agreement (DE) – https://eur-lex.europa.eu/legal-content/DE/TXT/HTML/?uri=CELEX:12019W/TXT(02)&from=EN
Please ensure you are polite with the BH as you need their support on this and it is better to take an apologetic/non-confrontational approach. You can’t use the excuse you were not aware of it as you have Article 50 cards, so you will need a valid reason. We have had a few late cases submitted in the Summer of 2022 and there are still a few on-going cases from 2021.
Given your mother’s age you might also want to make the British Embassy Citizen’s Rights Team aware of the situation – https://www.gov.uk/world/organisations/british-embassy-vienna#contact-us
If you want you can also use our Enquiry form and we will get back to you via email – https://www.britishinaustria.net/the-guide/residence/article-50-enquiry-form/
