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Hi Jovan, I did see that link a while back but have been unable to verify the situation in Graz. I did ask the Österreichische Notariatskammer and was advised to speak to a local Notary. I think the first meeting is free. Steiermark does have quite a few localised property laws, so you would be advised to speak to a local Notary or property lawyer. You could also try in this Facebook Group: https://www.facebook.com/groups/english.styria. For Notaries this might help https://www.notar.at/notarfinder/. In general 3CN’s need prior approval to buy in Austria, with a few exceptions (e.g. married or Civil partner to an Austrian). The process in general is more costly AND they can refuse.
PS: British Citizens with an Article 50 residency permit are treated differently and Steiermark have confirmed that equal treatment to EU/Austrian Nationals apply.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=14Can 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
Thanks for getting back to me and glad it has been resolved. Not good about the lawyers fees though!
As and aside, we did contact the EU Commission recently regarding this issue and this was the response:
“The Europa website will be updated with further details on EES and ETIAS. In addition, there will be a website on ETIAS run by FRONTEX.
These websites will be available before the Entry into Operations of EES and ETIAS.”Can I suggest that you formally log the issue yourself with the consulate team (link is on the right hand side). It is just a lot of the interaction we had with the Consulate team is tailing off and by logging it formally yourself the powers that be in London have visibility: https://www.gov.uk/world/organisations/british-embassy-vienna#contact-us and if you are not happy with their response, you can raise the issue here: https://www.gov.uk/government/organisations/foreign-commonwealth-development-office/about/complaints-procedure.
If you are on Facebook, I would also recommend joining this group: https://www.facebook.com/groups/biatravelWe have had confirmation from the EU Commission that Article 50 holders in Austria are exempt from both ETIAS and EES. As to what the airlines and border agencies are doing I cannot comment. I believe ETIAS also does not apply to Third Country Nationals who hold valid residence permits. See Article 2, section 2. – https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32018R1240&from=EN
Just in case you are interested the Austro British Society in Carinthia have a new Facebook group –
https://www.facebook.com/groups/austrobritishcarinthia
I believe this is their website: https://www.austrobritish.com/
There is also the CIC Network
https://www.cic-network.at/en/home/ and Facebook https://www.facebook.com/groups/268541666901924The 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/
I don’t know if it helps but the Honorary Consul for Salzburg Dr. Harald Kronberger also runs a legal firm and perhaps he or his firm might be able to give you some pointers: https://www.eulaw.at/en/lawyers/harald-kronberger/
You can of course join our Facebook Groups too: https://www.facebook.com/groups/BritishAustria and for Visa/Residency questions, this one is better: https://www.facebook.com/groups/BritishinAustriaYou also need to be aware that the region of Salzburg is particularly strict around property ownership so you as a Third Country National will really struggle if your business plan involves buying any sort of premises.
Yes, the Austrian Embassy should be the ones to advise but you can also try Innovations Salzburg as they are also State funded and represent the Salzburg region. Their advice should be free https://www.itg-salzburg.at/en/internationalization/welcome-service However we have not had too much success with them. The British Embassy in Vienna also has a Trade Team who may be able to assist – https://www.gov.uk/world/organisations/british-embassy-vienna#contact-us . You could also join the Facebook Group for Self Employed in Austria – https://www.facebook.com/groups/SelfEmployedAT
The Embassy Consulate team advised us this week of the following:
“The UK government has recently raised the issue of property purchase in Salzburg with the European Commission and directly with the Austrian regional and national authorities. We very much hope that Land Salzburg will soon confirm equal treatment for UK nationals in scope of the Withdrawal Agreement.”In addition to that it has been reported that there have been a few successful property purchases in Zell am See, Salzburg Province using the notary Dr. Lorenz Reitstätter M.B.L. – https://www.notar-zellamsee.at/. I believe that these were for Hauptwohnsitz.
