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I am hoping to see if anyone has been in the same situation. I have been here since 2004 , have a business here and have 110 year article 50 card. My mother is 91 , she has been with me almost continually before Brexit, and has aa meldersettel from our Gemeinde that she has Hauptwohnsitz here We did not apply for the Article 50 card as honestly mum was in poor health and I did not think she would live on, but she has and now we find ourselves with a problem that she cannot stay. She is financially sound and lives with me. I have read that family members – dependent relatives can apply but when I have called the BH they say they cannot accept late applications. Vienna were more helpful but still say I have to apply in my local BH. Has anyone had any experience of applying more recently for a family member Article 50 card.
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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=ENPlease 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/
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If your mother does not have permanent residency in Austria and she has been away for more than 6 months in a 12 months period, she will have lost her A50 residency rights (no longer resident). You can still apply under the Family re-unification rules BUT she needs to be Financially dependent on you (there is no health dependency, unless it’s discretionary) AND that needed to have been done within 3 months of entry. More details here: https://www.britishinaustria.net/faq/which-family-members-can-and-cannot-join-me-in-austria/
https://www.bundeskanzleramt.gv.at/en/topics/brexit/residency-and-access-to-the-labour-market.htmlIf that fails another option is Settlement Permit Gainful Employment Excepted but that has strict quotas and runs out quickly – https://www.britishinaustria.net/the-guide/residence/residence-permits-with-quotas/
PS: As an aside having a Hauptwohnsitz Meldezettel without any other residency paperwork does not necessarily mean someone is legally resident.
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