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Whilst my father is applying for his first 10 year card, he is 3 days late due to illness.The BH Bludenz supplies you with a totally different form to the one provided normally. At the end it states if you’re late you must leave Austria and apply from abroad. A barefaced lie, on top of that it says you must sign that section to say you understand “this law”. I have photo evidence!
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The BMI introduced new forms sometime after the end of October which are linked on their Brexit website specifically for the upgrade. These are linked on our Website – https://www.britishinaustria.net/the-guide/residence/a50brits/article-50-cards-forms-and-guidance/
These can be found in the “Daueraufenthaltsrecht nach dem Austrittsabkommen” section of the BMI German Brexit site and also under the ” Permanent right of residence according to the Withdrawal Agreement” section in English (see links below).
https://www.bmi.gv.at/312/brexit/start.aspx
https://www.bmi.gv.at/312/brexit/files/400_2025_Antragsformular-C_BREXIT_Daueraufenthaltsrecht_DE_V20251016_webBF.pdf
https://www.bmi.gv.at/312_en/brexit/start.aspx
https://www.bmi.gv.at/312_EN/Brexit/files/400_2025_Antragsformular-C_BREXIT_Daueraufenthaltsrecht_EN_V20251016_webBF.pdfCould you please complete our Feedback form –
In addition, your father can contact the Consultate team – https://www.gov.uk/world/organisations/british-embassy-vienna#contact-us
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The information from the BMI on this topic is quite clear –
“If you are the holder of a residence permit “Artikel 50 EUV” with a validity period of 5 years you should apply for an extension before the 5 years expire. You won´t receive a reminder. Therefore, please make a note of this deadline and set a reminder in your calendar. However, a later application does not automatically lead to the loss of your right of residence.”“Wenn Sie einen Aufenthaltstitel “Artikel 50 EUV” mit einer Gültigkeitsdauer von 5 Jahren haben, sollten Sie vor Ablauf der 5 Jahre um eine Verlängerung ansuchen. Sie bekommen keine Erinnerung. Notieren sie sich daher diese Frist und setzen Sie eine Erinnerung in Ihrem Kalender. Eine spätere Antragstellung führt aber nicht automatisch zum Verlust ihres Aufenthaltsrechts.”
There are only a few reasons for someone to lose their residence rights and that is being absent from Austria for more than 6 months in a 12 month period (12 months for exceptional reasons) or some sort of criminal activity. I am not aware of anyone losing their A50 residence rights yet!
Just in case, here is the appeals process – https://www.britishinaustria.net/the-guide/residence/a50brits/art-50-euv-card-appeals/
and if you don’t get and joy there, you can take it up with the Volksanwaltschaft – https://volksanwaltschaft.gv.at/en/
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Thanks for your reply. I know this information thanks to the fantastic info on the website. My dad is 3 days late due to heart and cancer checks. The main issue I have is that BH Bludenz is circulating false information, presented as the law and forcing Brits to sign that they agree. This is highly illegal. They’re even printing it on their own forms. Very wrong, who should I report it to?
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I have sent you an email and would be grateful if you could send us the blank form, so that we can take a look. He may have been given a Third Country National form in error. It would be useful to establish if this has been an administrative error or something else. All the standard BMI forms are here – https://www.bmi.gv.at/312/60a/start.aspx
The information we have from the BMI is that the provinces (and the BH’s) are allowed to adapt their own forms and we had this case in Vienna last year. There is no legal requirement to use the BMI form, however they should however accept the published BMI form. If they want to use their own form they also need to publicise it (Article 37) Withdrawal Agreement.
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