Hi, apologies for not responding sooner but we don’t check the forum that often.
There are a few dependencies here as it’s not clear what nationality you are, whether you are married (registered partnership) with your partner, and what residence paperwork you have (e.g. anmeldebescheinigung or Bescheinigung des Daueraufenthalts).
The main issue here is that you have clearly missed the deadline of 31st December 2021. There is limited provision for late applications in the Withdrawal Agreement where there are reasonable grounds and the ones the Austrian authorities have detailed are:
“Reasonable grounds may exist in particular for victims of family/private violence, for (minor) applicants whose parents have not applied for them or for applicants with proven serious illnesses. The authority will carefully examine your individual situation and take into account all the circumstances you state.”
In your case, as your partner has an A50, you cannot say that you were not aware of the process. You have stated that you have had health issues, but my guess is, as you had limited or no insurance that will be difficult to prove. We are now also over 2 years past the deadline.
It is a real shame as we had people on AMS and they were approved.
It may be if you get a very sympathetic Beamte and are able to explain your situation fully, they may approve it, but my suspicion is that they will not given how late this application is. But who knows, we have had few approved where we didn’t think they would be approved.
If they do not issue an Article 50 card in your own right, you may be entitled to one as a family member of your partner as they have an A50. This depends on your marital status and the relationship status prior to 31st December 2020. Failing that you may need to apply for an RWR+ or some other residence permit which may require you to get an Employer to sponsor you.
The key issue at the moment is that if you are a British National you need to regularise your status or leave the country. Without an Article 50 card or some other residence permit you are not entitled to work here and only allowed to stay here for 90 days as a tourist.
From 31st December 2021 your status here is not very clear at best. Worst case scenario is that you could get deported and banned from Austria/Schengen for a period especially if you are caught working illegally!
You would probably be advised to talk to an immigration lawyer and/or one of the free advisory centres. It may also be worth you contacting the British Consulate in Vienna to advise them of your situation to see if they can assist.
Where can I obtain assistance in English about various issues about living in Austria?
If you want or need further advice, please reach out to us using the Enquiry Form – https://www.britishinaustria.net/the-guide/residence/article-50-enquiry-form/
Hope it helps!