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Hello
I would really appreciate any advice that you may have. I have a rather complicated situation. I moved to Austria in 2010 as a scientific researcher. My project ended in late 2013. My partner (British) also moved with me. At that time he was an early career researcher. We both managed on each others’ support. In late 2013, I hurt my back and my health went down. Unfortunately, I couldn’t access the health insurance and I was extremely poor. I never accessed the AMS or any other social services. We were sadly unaware of co-insurance. Long story short my partner got his TEU 50 card at the end of 2021. But I was so afraid of being rejected and I decided not to apply for it.
We lived hand to mouth as my partner’s funding came to an end. He recently got his 5 year position and has co-insured me. My Hauptwohnsitz has now come to 5 years. After my parents’ deaths in 2013, I have nowhere to go and my siblings aren’t going to support me. I suffer from severe depression and I can’t manage without my partner. I have 2 options before me:
1. Should I apply for the permit next week? I can’t offer any documents verifying my illnesses and suffering. As thankfully my health has recovered a lot. I am worried that my application is likely to be rejected.
2. Should I remain undocumented for 12 months until I have enough money to pay for my accommodation back in the UK? Then return to my partner to reset my stay in Austria.
I hope someone can offer me some insight. Please be kind but honest, as I am doing the best I can.
Many thanks -
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!
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Hello,
Thanks for your reply and for your advice.I submitted my application last week along with a letter explaining the situation. I opted to be honest, and apologized for my actions. I don’t work as unfortunately I got ill (without a health insurance), and its really been in the last few months or so that I have been better. I am not married to my long-term partner of over 20 years (I simply don’t want to get married to anyone even if it made things easier). I have been living with my partner at my current address for a number of years, and only recently he managed to co-insure me. Unfortunately, we were not aware about the option of Mitversicherung (co-insurance) until very recently. I know that my case looks weak, and of course, I am really anxious and scared. The thought of being separated from my partner who I can’t expect or want to leave his academic research here, is frankly very hard to bear. Yes, I am healthy enough now to get a job, but I can’t do that until I have some form of permit that would allow me. I don’t want to apply for jobs without a permit, as I feel in my situation that would be wrong to mislead a potential employer or annoy the government here. I will be honest, I wasn’t thinking clearly and I made a terrible decision of not applying before the deadline out of shear paranoia. I have to wait and see, what their decision is and if they can help me out in some form.
I was wondering do you/or anyone else know, if I get the deportation orders or Schengen Ban, would my friend/sibling (British) be able to drive me and my belongings back to the UK in a vehicle (with a UK registration plate)? It would be easier for me go by road, as i would have to move my belongings. Would I be able to return to Austria after a time period, let’s say on a student visa as I am keen to change my career? If that’s a not an option, would I be able to move to Ireland (CTA) despite a Schengen ban?
Many thanks once again for your time and help.
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I also want to add that when I rang the Brexit hotline (3 or 4 different occasions) the advisors were very clear that they will view any applicants who claim AMS or any social benefits in a negative light. I thought I didn’t stand a chance, as I could not show a continued health cover for the past 5 years (I never used their social benefits or AMS). Its interesting that you say that Austrian government were kind to people who were in fact claiming AMS and social benefits. That didn’t help at all. Of course, I am glad for others that they got their permit, but I am puzzled why the Brexit hotline advisors gave me such unhelpful advice. Oh well….
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On the proviso that you were issued with a Bestätigung über die Antragstellung (https://www.ris.bka.gv.at/Dokumente/Begut/BEGUT_COO_2026_100_2_1798418/COO_2026_100_2_1798439.pdf) which provides proof you have applied for an Article 50 card under the Withdrawal agreement, you are allowed to stay in Austria until all appeals are exhausted. The BMI answered the question re. AMS in at least one of the Embassy outreash events. See the answer to Q6 in the September 2021 Embassy outreach event. https://www.gov.uk/government/news/british-embassy-outreach-events-in-austria. Did the Brexit hotline provide these answers in writing or was it verbal?
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Thanks for your rapid response. I do have a confirmation letter provided by MA35 and they said they would be in touch. I rang the Brexit hotline so I don’t have a written record that I could use as evidence. I wasn’t aware of the outreach events by the British Embassy either. I will just have to wait for their decision.
Thanks for your help once again.
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