Working in the Tyrol region

[iann1111]

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Hello
I was wondering if anyone else has had a similar exper The company did not give a reason just that they are within the Austrian labour laws. Has anyone got any experience/and knowledge or can help me here.iance. i am a Brit working abroad in Europe for the best part of 22 years and was abroad before Brexit took effect. I got a job in Austria and moved here prior to commencement of employment whilst waiting for my visa. The contract of employment was signed by both parties, all belongings were shipped and stared and arrival was paid for out of my own expenses. Then, I got an email yesterday stating that the company was terminating the contract and my employment was void.This has left me in Austria trying to get home, my belongings in storage somewhere in Austria and without employment.

[Keith Davies]

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Can you clarify when you arrived in Austria and what Visa you have applied for? If you applied for the Visa-D and/or a RWR residency permit, they are both dependent on your employer; which you no longer have! Freedom of Movement for Brits has now gone, did you apply for a residency permit in any other EU country before 31st December 2021. There is a Tirol Welcome Service, but I am not sure they can help in this case: https://www.welcomeservice.tirol/page.cfm?vpath=index&switchLocale=en_US

[iann1111]

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Hello

I arrived in Austria on the 27th of June and was applying through my employer for the visa D as far as i was aware.or likewise ro my two previoys visas a permit B. Previously i was resident in Visp in the canton of Valais in Switzerland. Here i had a residancy permit (a permit B) and priot to this i and my partner had a permit B in Poland . We left Switzerland because my partner could not get a permit/visa to stay because we were not wed

Also, do you know of a solicitor i can get in touch with to see where i stand legally as the contract was signed by both parties, was this legal.
Ian

[Keith Davies]

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This link may be useful to understand the process of Hiring a Third Country National in Austria: https://www.britishinaustria.net/faq/what-is-the-procedure-for-hiring-a-third-country-national-in-austria/ . I would have expected you to have to apply for the Visa-D yourself at your local Austrian Embassy after being given some paperwork from your potential employer. It may be they couldn’t get permission or they found someone who is already entitled to work here. What a crap situation and I don’t think they have been fair to you, but legally I don’t know! We can’t recommend any lawyers but this might give you some English speaking lawyers in Tirol who specialise in Employment law (Arbeitsrecht). The Arbeiterkammer might also be able to offer advice for free. I will also ask the rest of the team if they have any other advice.
https://tirol.arbeiterkammer.at/ueberuns/kontakt/Arbeitsrecht/Arbeitsrecht.html
https://www.tiroler-rak.at/anwaltssuche/?language=3&field=14

[Keith Davies]

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If you don’t mind me asking, what’s your area of work?

[iann1111]

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I am a trained Bio Technician/Bio process engineer. I have beeen involved in the industry for 33 years, been at operator, supervisor and manager.

[Author]

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[iann1111]

Up

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::

Hello
I was wondering if anyone else has had a similar exper The company did not give a reason just that they are within the Austrian labour laws. Has anyone got any experience/and knowledge or can help me here.iance. i am a Brit working abroad in Europe for the best part of 22 years and was abroad before Brexit took effect. I got a job in Austria and moved here prior to commencement of employment whilst waiting for my visa. The contract of employment was signed by both parties, all belongings were shipped and stared and arrival was paid for out of my own expenses. Then, I got an email yesterday stating that the company was terminating the contract and my employment was void.This has left me in Austria trying to get home, my belongings in storage somewhere in Austria and without employment.

[Keith Davies]

Up

0

Down

::

Can you clarify when you arrived in Austria and what Visa you have applied for? If you applied for the Visa-D and/or a RWR residency permit, they are both dependent on your employer; which you no longer have! Freedom of Movement for Brits has now gone, did you apply for a residency permit in any other EU country before 31st December 2021. There is a Tirol Welcome Service, but I am not sure they can help in this case: https://www.welcomeservice.tirol/page.cfm?vpath=index&switchLocale=en_US

[iann1111]

Up

0

Down

::

Hello

I arrived in Austria on the 27th of June and was applying through my employer for the visa D as far as i was aware.or likewise ro my two previoys visas a permit B. Previously i was resident in Visp in the canton of Valais in Switzerland. Here i had a residancy permit (a permit B) and priot to this i and my partner had a permit B in Poland . We left Switzerland because my partner could not get a permit/visa to stay because we were not wed

Also, do you know of a solicitor i can get in touch with to see where i stand legally as the contract was signed by both parties, was this legal.
Ian

[Keith Davies]

Up

0

Down

::

This link may be useful to understand the process of Hiring a Third Country National in Austria: https://www.britishinaustria.net/faq/what-is-the-procedure-for-hiring-a-third-country-national-in-austria/ . I would have expected you to have to apply for the Visa-D yourself at your local Austrian Embassy after being given some paperwork from your potential employer. It may be they couldn’t get permission or they found someone who is already entitled to work here. What a crap situation and I don’t think they have been fair to you, but legally I don’t know! We can’t recommend any lawyers but this might give you some English speaking lawyers in Tirol who specialise in Employment law (Arbeitsrecht). The Arbeiterkammer might also be able to offer advice for free. I will also ask the rest of the team if they have any other advice.
https://tirol.arbeiterkammer.at/ueberuns/kontakt/Arbeitsrecht/Arbeitsrecht.html
https://www.tiroler-rak.at/anwaltssuche/?language=3&field=14

[Keith Davies]

Up

0

Down

::

If you don’t mind me asking, what’s your area of work?

[iann1111]

Up

0

Down

::

I am a trained Bio Technician/Bio process engineer. I have beeen involved in the industry for 33 years, been at operator, supervisor and manager.

[Author]

Posts