Child given a red white red residency card

[Ryan McGrath]

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Hi there,

My son was born this year in Hallein and we applied for the article 50 card for him. My wife, my daughter (born in 2021) and myself all have article 50 cards, with myself having the shortest duration of 5 years. Now we think Salzburg has just messed up the application. There was a bunch of confusion at the magistrate around what we were applying for, we took copies of every piece of documentation we had, our article 50 cards, our passports, his passport, our meldezettels, our marriage certificate, you name it the magistrate had it. We went to pick up his card today and for some reason they’ve given him a 1 year red white red visa.

Does anyone know what we have to do to get his article 50 card actually instated? As this seems like a clerical error their side as we’re certain he qualifies for the article 50 visa, and that’s what they told us he was going to get.

[Keith Davies]

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Apologies! It looks like this is being dealt with on our Facebook Forum – https://www.facebook.com/groups/BritishinAustria/posts/1680146649129915/

As advised to your wife. You should go back to them and respectfully ask them to check the rules with their superiors at the BMI. Here is the Austrian Federal Government site –
“Wann und wo müssen meine Familienangehörigen den Antrag stellen?
Die Familienangehörigen – bei Kindern unter 14 Jahre die gesetzliche Vertretung – müssen den Antrag persönlich spätestens innerhalb von 3 Monaten ab Einreise in Österreich stellen. Bei Geburt in Österreich zählt diese als Einreise.”
https://www.bundeskanzleramt.gv.at/themen/brexit/aufenthalt-zugang-zum-arbeitsmarkt.html
and in English
“When and where do my family members need to apply?
Each family member – in the case of children under 14 years of age the legal representative – must submit the application in person within 3 months of entry into Austria at the latest. In case of birth in Austria, this counts as entry.”
https://www.bundeskanzleramt.gv.at/en/topics/brexit/residency-and-access-to-the-labour-market.html
Basically if you do it within 3 months of the birth it should be fine.
I believe your wife is going to drop Mike an email as we have issues with Salzburg Stadt a few times.

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