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What are the rules about length of periods of absence from Austria which are allowed, or indeed combined periods of absence, before the 10 year Article 50 Card is at risk?
Is the rule a total amount of absence over the 10 year period which must not be exceeded in order to receive renewal.
Thank you in advance for any information that you may be able to provide.
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The absence rules are defined on the website: https://www.britishinaustria.net/faq/how-will-temporary-absences-be-calculated-in-relation-to-the-5-year-art-50-euv-card/
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Hi,
I have the 10 year Article 50 card and was wondering what you must do to maintain residency.My situation is that I may need to return to the UK for potentially a number of years.
Before the 5 year absence time period must I on re-entering Austria register an address (meldezettel)? Or is it simply enough to enter the country to reset the 5 year absence period?
I not been able to find the criteria on any of the websites.Thanks very much in advance.
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Firstly with a 10 year card you are allowed a 5 year CONTINUOUS absence. That means you can be away from Austria for up to 5 years without losing your residence rights. I have not actually seen it documented what you need to do to maintain this residence, however I do believe the EU were meant to clarify it. If it is of any consolation there was a recent case that went to European Court of Justice that relates to Austria (Long Term resident Third Country National) and they found it was sufficient to come back for a few days. We will get this clarified: https://curia.europa.eu/jcms/upload/docs/application/pdf/2022-01/cp220010en.pdf
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The information from the team at British in Europe is that “It is sufficient to come back for just a few days.” The European Commission are due to publish guidelines on this issue, but have not done so yet! The British in Europe team have seen a draft.
Just in case, here is the Case precedent which involves someone with a Long Term resident EU permit – https://curia.europa.eu/juris/document/document.jsf;jsessionid=C181B47DB18EE32CB80FCC99D8A4D945?text=&docid=252448&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=5212406
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I have a similar situation. Have been living in Austria (with my Austrian wife) for 5yrs soon and have an Aufenthaltskarte but will get the Daueraufenthaltskarte most probably soon. Is it then possible to go back
to the UK for let’s say 1 yr and also be employed there? Really don’t want to lose my card … -
On the assumption you have the 10 year Article 50 card, that allows for a 5 year continuous absence. Your Austrian wife will need to apply for a Visa if she wants to live in the UK for more than 6 months. She is also not allowed to work in the UK unless she has a Visa. – https://www.britishinaustria.net/faq/how-will-temporary-absences-be-calculated-in-relation-to-the-5-year-art-50-euv-card/
You and your wife should also check out this guide – https://www.britishinaustria.net/the-guide/moving-to-from-austria/moving-from-austria-back-to-the-uk/
The exception to the Visa rule would apply if your Austrian wife has EU Settled Status in the UK
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