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Am sorry, Have just seen this! Have you emailed them and asked them. Currently the rules do not specify Article 50, however Vienna has updated their Standard Property laws to include Article 50.
Apologies! It looks like this is being dealt with on our Facebook Forum – https://www.facebook.com/groups/BritishinAustria/posts/1680146649129915/
As advised to your wife. You should go back to them and respectfully ask them to check the rules with their superiors at the BMI. Here is the Austrian Federal Government site –
“Wann und wo müssen meine Familienangehörigen den Antrag stellen?
Die Familienangehörigen – bei Kindern unter 14 Jahre die gesetzliche Vertretung – müssen den Antrag persönlich spätestens innerhalb von 3 Monaten ab Einreise in Österreich stellen. Bei Geburt in Österreich zählt diese als Einreise.”
https://www.bundeskanzleramt.gv.at/themen/brexit/aufenthalt-zugang-zum-arbeitsmarkt.html
and in English
“When and where do my family members need to apply?
Each family member – in the case of children under 14 years of age the legal representative – must submit the application in person within 3 months of entry into Austria at the latest. In case of birth in Austria, this counts as entry.”
https://www.bundeskanzleramt.gv.at/en/topics/brexit/residency-and-access-to-the-labour-market.html
Basically if you do it within 3 months of the birth it should be fine.
I believe your wife is going to drop Mike an email as we have issues with Salzburg Stadt a few times.Here’s some official links for EES and ETIAS (due to launch sometime on 2024) https://travel-europe.europa.eu/index_en
and who does not need to apply for ETIAS – https://travel-europe.europa.eu/etias/who-should-apply_en#who-does-not-need-an-etias-travel-authorisationIf 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.
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/
Yes, I just looked it up and the WLTP did not come in until around September 2017, mandatory from September 2018. You really need to get Volvo to provide you with the figures to get anywhere. In addition given it’s a 10 year old car, you really need a proper estimate of a it’s current value and not the original cost.
I actually asked the OeMTC legal team regarding the fact that the UK was formerly an EU member and the response was that it’s the facts in evidence at the time of the import that counts. Basically you’d need a very good lawyer to try and argue that one.
“„Das Vereinigte Königreich hat mit Ablauf des 31. Jänner 2020 (Übergangsperiode bis 31. Dezember 2020) die Europäische Union verlassen, womit es nunmehr als Drittland anzusehen ist. Alle Kraftfahrzeuge, die aus diesem Gebiet importiert werden (unabhängig vom Erstzulassungsdatum), sind daher der Rechtslage im Zeitpunkt der Tatbestandsverwirklichung zu unterwerfen.“
The two things you can maybe argue with them are:
a) Get the manufacturers WLTP value for the vehicle. It’s not just about engine size, it’s about CO2 value and I would have thought a Hybrid should be lower.
b) You need to get a proper valuation for the vehicle as they can be over valued in AustriaDid you not look at the Importing guide on the website before doing it – https://www.britishinaustria.net/motoring-in-austria/importing-a-vehicle-to-austria/
The only exception that one of our members found was when the vehicle was first registered in the EU and then subsequently re-registered in the UK
I forgot. I think CIC in Villach run some events too which might be worth you joining – https://www.cic-network.at/
No worries! Will do, it’s a nice part of Austria! Have been there a few times with my better half!
Hi Sarah,
I don’t live in that neck of the woods but there are a few groups you could join.
a) We have a few people from that area in our British in Austria Facebook group – https://www.facebook.com/groups/BritishAustria
b) There’s the English Speakers in Carinthia Facebook group – https://www.facebook.com/groups/english.carinthia
c) There’s also the Austro British Society Carinthia – https://austrobritishcarinthia.at/
Hope that helps!Think this has been answered in the British in Europe~Austria Facebook Group. Essentially you use the Article 50 forms and tick box 32. But in Vienna the Referat 5.2 has closed, so you go elsewhere:
MA35: https://www.britishinaustria.net/faq/referat-5-2-at-ma35-no-longer-exists-where-do-i-go-for-further-applications-to-ma35/
Forms: https://www.britishinaustria.net/application-forms-for-art-50-euv-residency-card-online-2020-12-28/
Guidance: https://www.britishinaustria.net/faq/i-have-my-5-year-card-and-am-now-eligible-for-a-10-year-card-can-i-apply-for-it-now/If you have issues with the Ma35 saying you can’t do it until 3 months before the expiry date, ask them to double check with their superiors at the BMI.
We have now put an overview of the current situation on the website – https://www.britishinaustria.net/the-guide/property-buying-overview/
The official view of the EU Commission of stamping passports of Withdrawal Agreement beneficiaries is detailed in the document “Rules for UK nationals when entering or leaving the Schengen area” on the link below. Basically provided you always carry your Article 50 card with you and display that first, it should not be an issue: https://ec.europa.eu/info/strategy/relations-non-eu-countries/relations-united-kingdom/eu-uk-withdrawal-agreement/citizens-rights_en
Are you just coming here as a tourist and/or do you plan on working here? Also where in Austria are you staying as there are a number of free regional advice centres: https://www.britishinaustria.net/faq/where-can-i-obtain-assistance-in-english-about-various-issues-about-living-in-austria/
Maybe the Austrian Embassy in London thinks it’s easier for you to apply for something like a Temporary Residency Permit in Austria. Without more details it’s difficult to say. As a Brit you are allowed 90 days Visa free, but that is Schengen wide! https://www.migration.gv.at/en/types-of-immigration/temporary-residence/The best people to answer the Visa D questions are probably the Austrian Embassy in London. As far as I am aware, it comes in two versions. One is a tourist Visa which does not allow you to work (including home working) and for the work Visa you will need an employer/sponsor: https://www.bmeia.gv.at/en/austrian-embassy-london/travelling-to-austria/entry-requirements-visa-and-immigration/visa-d/
