Information for British Citizens not covered by the Withdrawal Agreement

This section contains information for British Citizens who were not resident in Austria as of 31.12.2020.

Already resident in Austria before 31.12.2020? Information for British Citizens who were resident in Austria before 31.12.2020 can be found here.

FAQs

I arrived in Austria after 31.12.2020, how long can I stay for?

As tourists, British citizens can stay in the Schengen AreaSchengen Area The Schengen Area is European border control-free travel area, consisting of all EU Member States except for Bulgaria, Croatia, Cyprus, Ireland and Romania, as well as Iceland, Norway, Switzerland and Liechtenstein. (including Austria) for a total of up to 90 days in any 180-day period, visa-free. Days spent in any Member State in Schengen count towards these 90 days (e.g. a holiday in Spain).

To be able to stay longer than 90 days, or to work in Austria, you will require a visa or a residency permit. Dual nationals (i.e. holding a British citizenship and the citizenship of an EU or EEAEEA The European Economic Area (EEA) consists of the 27 EU Member States as well as Iceland, Liechtenstein and Norway. The United Kingdom is not part of the EEA. country) can stay for longer by entering on their EU/EEA citizenship.

Marriage to an Austrian or EU/EEA national does not confer you any special status and you will still require a visa/residency permit.

Overstaying the 90 day limit in a rolling 180 day period could see you categorised as an “overstayer”, which can be punishable by a fine and a ban from entering the entire Schengen Area.

Useful Links:

GOV.UK – Visiting the EU, Switzerland, Norway, Iceland or Liechtenstein

MIGRATION.GV.AT – Permanent immigration

Austrian Embassy, Londen – Travelling to Austria, Entry Requirements

European Commission – Schengen Visas

UK Europe Arts Work – Counting your days in the EU

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I’m resident in another EU Member State. Can I come to work in Austria as a ski instructor?

I live in another EU Member State where I have residence, and wish to work in Austria, where I previously worked as a ski instructor. My ski school has stated I would need to become an Austrian resident to continue working in Austria? I have an Austrian sports instructor qualification and have worked 8 years in Austria.

Unfortunately to work in Austria now you would need to apply for an employment permit/visa. UK nationals are treated identically to other Third Country Nationals (3CNs3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states.). Your employer would need to contact the AMSArbeitsmarktservice The Austrian Public Employment Service (AMS) is Austria’s leading provider of labour-market related services, and matches candidates with job openings and assists jobseekers and companies by providing advice, information, qualification opportunities and financial assistance. for a work permit, and then you would apply for a type D visa through the Austrian Embassy in the country you are resident.

Ski qualifications received in Austria prior to Brexit will continue to be recognised by Austrian skiing authorities.

This question was adapted from a question raised at the British Embassy’s Outreach Q&A Session held on 23 September 2021. The full write-up of that event can be downloaded.

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What is the procedure for hiring a third country national in Austria?

Flowchart about employment of 3CNs
Flowchart provided by Keith Hill – please note disclaimer.

Where an employer has non-resident, non-Austrian, non-EU candidates for vacancies, they have to do a number of things before they are actually able to employ from this group:

  1. They are required to place a job ad for all vacancies with the AMSArbeitsmarktservice The Austrian Public Employment Service (AMS) is Austria’s leading provider of labour-market related services, and matches candidates with job openings and assists jobseekers and companies by providing advice, information, qualification opportunities and financial assistance. for at least 2 weeks.
  2. All Austrian/EU applicants applying through the AMS must be interviewed.
  3. The employer must provide the AMS with justification why the Austrian/EU applicants are not suitable for being employed (lack of qualifications/experience etc.).

At this point the Austrian authorities, typically but not exclusively the AMS, Arbeiterkammer, Wirtschaftskammer, Gewerkschaft, are required to review the employer’s justification not to employ EU citizens. In the case that the justification is accepted then a check is done about whether the visa quotas have been exceeded. If they have then the advertise/interview cycle is required to be resumed.

In the case that the visa quotas have not been exceeded, then the employer informs the candidate to apply for a visa. At this point the candidate should apply to the Austrian Embassy for a D type visa with a stamp granting permission to work.

H/T Keith Hill for the flowchart

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Do work visas prospects for the winter season depend on what job you do?

British citizens not covered by the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration   are now treated like other third country nationals (3CNs3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states.). In industries where there is a shortage of available labour, such as hospitality and gastronomy, it will be possible to obtain a visa relatively easily, however in areas where there are already sufficient Austrians and EU citizens able to do available jobs (e.g. ski technicians etc.) there will not be visas so freely granted. British citizens will frequently need to prove that they are able to do a job that an Austrian or EU citizen is unable to do.

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Where can I obtain assistance in English about various issues about living in Austria?

There are a number of services that provide advisory services in English, as follows:

Lower Austria: Work in Lower Austria

Upper Austria: Welcome to Upper Austria

Salzburg: Welcome Service

Styria: CINT – Club International Styria

Carinthia : CIC – Carinthia International Club

Tyrol: Welcome Service Tyrol (German in greater detail)

Vienna: Expat Center Vienna

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What legal consequences are there if you don’t exchange your UK driving licence?

What legal consequences exist if you don’t exchange your UK driving licence?

Anyone resident in Austria has six months from establishing residence to exchange their UK driving licences for Austrian ones. This applies to citizens of all nationalities.

This means that all UK citizens qualifying for the Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card must have exchanged their driving licence by 30 June 2021.

The ÖAMTC specifically states in its information:

If a vehicle is driven without a valid driving licence, liability insurance may in the event of a traffic accident reclaim any payments made to the victim up to € 11.000 from the driver and the owner of the vehicle. A non-EEAEEA The European Economic Area (EEA) consists of the 27 EU Member States as well as Iceland, Liechtenstein and Norway. The United Kingdom is not part of the EEA. licence is invalid if the holder fails to exchange it for an Austrian licence within 6 months of becoming a resident. If the vehicle is lent to another person, the owner must make sure that the driver is in possession of a valid driving licence.

Source: ÖAMTC on NON-EEA DRIVING LICENCES IN AUSTRIA

The penal provisions of the Austrian Driving Licence Act stipulate a minimum fine of EUR 363 for driving with an invalid licence. This fine is comparable to that for driving when your licence has been taken away. (§37 para. 3 no. 1 FSG). Subsequent offences incur higher fines, or up to six weeks imprisonment, although such imprisonment is only used as a last resort to stop reoffending in the case of serial offending.

Further Information

ÖAMTC Information in English

Austrian Driving Licence Act (FSG; Führerscheingesetz) – in German

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What is the legal basis for the taking of fingerprints?

A number of British citizens in Austria have mentioned that they were surprised about fingerprints being taken when they applied for the Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. card, and questioned the legality of this. The taking of fingerprints is stipulated in Regulation (EU) 2019/1157 (Full title: Regulation (EU) 2019/1157 on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement).

The Niederlassungs- und Aufenthaltsgesetz Durchführungsverordnung (NAG-DV) defines the procedure regarding fingerprints in § 2b.

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What should frontier workers living in Austria working in Liechtenstein bear in mind?

British citizens working for companies in Liechtenstein who are resident in Austria should bear the following in mind:

Prior to the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government., British citizens working in Liechtenstein residing in Austria were required to hold a GrenzgängermeldebestätigungGrenzgängermeldebestätigung The Grenzgängermeldebestätigung (GMB) is a permit for work issued by the authorities in Liechtenstein for EEA citizens resident in the EEA or Switzerland. There is no quota system for it. (GMBGrenzgängermeldebestätigung The Grenzgängermeldebestätigung (GMB) is a permit for work issued by the authorities in Liechtenstein for EEA citizens resident in the EEA or Switzerland. There is no quota system for it.) that were issued by the authorities in Liechtenstein for EEAEEA The European Economic Area (EEA) consists of the 27 EU Member States as well as Iceland, Liechtenstein and Norway. The United Kingdom is not part of the EEA. citizens resident in the EEA or Switzerland. Such GMB cards can be continued to be held for as long as they remain in their current job, or where there is a move between jobs and employers without a break within Liechtenstein.

In the event of there being a break between jobs, then British citizens would revert to third country national3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states. (3CN3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states.) status and as a result of the loss of freedom of movement would be required to apply for a Grenzgängerbewilligung (G), which is available to non-EEA or non-Swiss citizens resident in the EEA (e.g. Austria) or Switzerland. There is no quota system in place for the GMB, whereas quotas applied for the G.

Any British Citizen moving to Austria now would have to apply for a residency visa as they would not be within the scope of the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration  , as well as then also having to apply for a 3CN work visa to be able to work in Liechtenstein.

Further information can be obtained from the Ausländer- und Passamt of the Liechtensteinische Landesverwaltung.

Ausländer- und Passamt (APA)
Städtle 38, FL-9490 Vaduz
Tel: +423 236 61 41
http://www.apa.llv.li

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I want to come to Austria for seasonal work after 31.12.2020: Do I need a work permit?

As you weren’t resident in Austria on 31.12.2020 you will be considered a Third Country National3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states. (3CN3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states.). Each EU Member State has its own conditions to allow 3CNs3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states. to live and work in their country. Austria is no exception. They are free to set quotas and conditions for different jobs in different areas as they wish. Before Brexit, Britons enjoyed a priority equal to that of Austrians when looking for work. Now we come after Austrians, other EU citizens and other 3CNs who are already resident and integrated in Austria, so, we’re nearly the bottom of the list.

To be honest it’s a bit of a minefield, and you really need to get professional advice. But one thing is certain, you will need some sort of visa. You will not be able to come here as a tourist and just start working as you were able to do before Brexit.

  • Your future employer must apply for you and you must have the permit before you arrive in Austria.
  • You will not be given a permit while you are on a holiday visit to Austria. So you can’t come skiing, and then accept a job in a bar or as a snowboard instructor to tide you over. (not legally anyway)

You will need 2 things get them in this order:

  1. A seasonal quota permit from Austria. Your employer must apply to the relevant regional AMSArbeitsmarktservice The Austrian Public Employment Service (AMS) is Austria’s leading provider of labour-market related services, and matches candidates with job openings and assists jobseekers and companies by providing advice, information, qualification opportunities and financial assistance. for a quota permit for you as a seasonal worker, and is likely to cost around €60 in various fees. The AMS will conduct a number of checks and the permit will be granted if:
    • There is no Austrian/EU/other integrated worker who can be placed to do the job.
    • If a quota is still open,
    • Your employer adheres to various working and salary conditions,
    • your employer can show there is accommodation available locally for the whole length of your contract.
  2. A Schengen visa, issued by Austria. You must apply for this yourself at the Austrian Embassy or Consulate in the UK. There are two types of visa relevant for seasonal workers, category C and category D. The visa will be issued if:
    • you fulfil the general visa requirements and
    • you have the valid employment permit from point 1 above.

As you can see, your future employer is key to getting a job, as they have to do all the hard work first with no guarantee of success.

  • The quota permit is usually only valid for 6 months. Under quota permits you are only allowed to work for a maximum of 9 months in a 12 month period. So check your times if you want to work here in the Winter and in the Summer months.
  • Your permit may be renewed under certain circumstances, but your employer must do that for you.
  • If you intend to stay in the Schengen areaSchengen Area The Schengen Area is European border control-free travel area, consisting of all EU Member States except for Bulgaria, Croatia, Cyprus, Ireland and Romania, as well as Iceland, Norway, Switzerland and Liechtenstein. (including Austria) for more than 90 days, or you have a work permit for more than 90 days, you must apply for a category D visa.
  • If your visa runs out while you are still working, you can apply for an extension at the local police headquarters (LPD, BH) or Magistrat.
  • Category C visa: Normally costs €60 and is for 90 days, and allows you entry for employment (British citizens are allowed to travel for non-working visits within Schengen for 90 in 180 days without a visa)
  • Category D visa: Costs €100 and is for working stays of over 90 days

Other conditions for a visa.

You will also need:

  • fully comprehensive heath insurance (minimum of €30,000 cover),
  • proof that you will return home, such as a return air, or ferry ticket
  • Your passport must be less than 10 years old, must be valid for 3 months longer than your visa is valid, and must have at least 2 empty pages for entry/exit stamps etc.

Austrian government webpage for seasonal workers: https://www.migration.gv.at/en/types-of-immigration/fixed-term-employment/seasonal-workers/ (in English)

Austrian Visa conditions, government web page (German only)

The AMS page for seasonal workers, for your boss: https://www.ams.at/unternehmen/service-zur-personalsuche/beschaeftigung-auslaendischer-arbeitskraefte/beschaeftigung-auslaendischer-saison-arbeitskraefte

If you are a performer, artist or doing temporary or short-term work in the EU, there is a great resource, UKArtsWork.Info compiled by Ian Smith.

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Can returning seasonal workers access hardship funds or unemployment money from Austria?

Having worked in the resort until lockdown in March and returning in October to self-isolate in time for the anticipated resort opening, my job fell through and they will probably have to lay me and others off until the New Year. Can I work from January onwards? (ie. after the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government.) Am I able to get any unemployment money or access any hardship funds?

Eligibility for benefits in Austria is tied to contributions to the Austrian social security system. Further information can be found at: https://ec.europa.eu/social/main.jsp?catId=1101&langId=en&intPageId=4410

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Do UK driving licences exchanged in another EU Member State, need to be exchanged again?

UK driving licences, irrespective of the citizenship you hold, are required to be exchanged for an Austrian licence by 30.06.2021. In some cases people may have already exchanged their licence in another EU country, and subsequently moved to Austria with that (non-Austrian) EU licence.

Austria does not always permit exchange of EU licences that were themselves obtained by exchange from third country licences (for example, if your original driving licence was obtained in a country not accepted by Austria, but then converted to a Spanish licence, your Spanish licence may well not be accepted and you will have to take an Austrian driving test). In the case of holding a licence issued elsewhere, it is necessary to abide my the Austrian regulations for that country. Not all countries’ driving licences are listed as equivalent. (List of countries classed as equivalent can be found here (in German))

UK driving licences are required to be exchanged for an Austrian one within 6 months of arriving in Austria. Holders of licences issued in other jurisdictions must abide by Austrian regulations for that jurisdiction. Licences from other EU countries do not need to be exchanged when you move within the EU. However, if you are, or intend to be, a long-term resident, it may be advisable to exchange your licence for an Austrian one.

Holders of British driving licences as at the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government. (31.12.2020) had until 30 June 2021 to exchange their British driving licence for an Austrian one, if resident in Austria. Continuing to drive on a British licence under this circumstance is illegal and incurs heavy fines and may render insurance ineffective.
See also: https://www.gov.uk/guidance/living-in-austria#driving-in-austria

Updates:

13.05.2021 – new deadline for exchanging driving licences (30.06.2021)

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Will it be possible to move ageing parents over to Austria for care purposes in the future?

Under the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration  , UK nationals covered by the Withdrawal Agreement will be able to be joined by close family members in the host state in which they reside at any point in the future, based on current EU rules, where the relationship existed before the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government..

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Will British Citizens be able to use their UK driving licence in Austria?

The answer depends on whether you are resident in Austria or not (and of for employment in Austria you are likely to be required to be resident). Under Austrian law relating to driving licences, British citizens resident in Austria will need to exchange their licences by 30 June 2021. Family members joining you in Austria will have 6 months to exchange their licences after arrival.

British citizens residing in the UK, on the other hand, will be able to use their UK licence for trips to Austria (i.e. as tourists), but will be limited in terms of amount of time that can be spent in Austria to 90 days out of 180 days. (Source: https://www.gov.uk/visit-europe-1-january-2021)

Holders of British driving licences as at the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government. (31.12.2020) had until 30 June 2021 to exchange their British driving licence for an Austrian one, if resident in Austria. Continuing to drive on a British licence under this circumstance is illegal and incurs heavy fines and may render insurance ineffective.
See also: https://www.gov.uk/guidance/living-in-austria#driving-in-austria

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Why do I need to change my UK Driving Licence to an Austrian one?

If you are resident in Austria, you will need to exchange your UK driving licence for an Austrian one by 30 June 2021. Validity of licences with additional categories (e.g. for driving certain types of vehicle or pulling large trailers) that are issued in another EEAEEA The European Economic Area (EEA) consists of the 27 EU Member States as well as Iceland, Liechtenstein and Norway. The United Kingdom is not part of the EEA. state will expire at the time stated on the driver’s licence, but no later than five years after transferring of residence.

Holders of British driving licences as at the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government. (31.12.2020) had until 30 June 2021 to exchange their British driving licence for an Austrian one, if resident in Austria. Continuing to drive on a British licence under this circumstance is illegal and incurs heavy fines and may render insurance ineffective.
See also: https://www.gov.uk/guidance/living-in-austria#driving-in-austria

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I am due to marry an Austrian? Are there legal advantages to marrying sooner rather than later?

In terms of residency rights after the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government., marriage will not alter your right to the Article 50 EUV cardAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. in 2021. If you are legally resident in Austria prior to 1 January 2021 you will qualify for the Article 50 EUV card.

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I have a partner/family member who is planning to join me in Austria in future, will my residency have a bearing on their right to live and work in Austria?

Yes it can.
In 2021 you must apply either for the Article 50 EUV cardAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. under the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration  , or for one of the titles to be able to stay as a 3rd country national3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states.. The 27 EU nations and the UK wouldn’t have argued for 2 years to get this deal if it were worse than the alternative. In our eyes it’s a no-brainer. The Article 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. wins hands down.

Withdrawal AgreementR-W-RRot-Weiss-Rot, Daueraufenthalt EU and Blaue Karte EU Titles The EU Blue Card is issued in the shape of a bank card and is a combination of residence permit and employment permit. If you are the holder of an EU Blue Card, you are entitled to temporary settlement and to employment with a specific employer. It is issued for a validity period of two years. If you held an EU Blue Card for two years, you may apply for a Red-White-Red Card plus, provided you were employed for at least 21 months during the previous 24 months in a job matching your qualification. The Red-White-Red Card  is a combination of residence permit and employment permit. It is valid for two years and entitles you as the holder to settlement and employment with a specific employer. If you change your employer within the first two years, you have to apply for a new Red-White-Red Card. The Red-White-Red Card plus   entitles its holder to settlement and unrestricted employment. If you are the holder of a Red-White-Red Card plus, you may change your employer at any time without having to apply for a new permit. If you held a Red-White-Red Card for two years, you may apply for a Red-White-Red Card plus, provided you were employed in accordance with the eligibility requirements for a minimum of 21 months during the previous 24 months. Family members of Red-White-Red Card holders and of holders of an EU Blue Card may apply for a Red-White-Red Card plus right away.  
Who can come?core familycore family Direct and close family members. Spouse, registered partner, children under 21 (or over 21 if still dependent), direct parents or grandparents; Adopted children are treated as natural children. (spouse/partner, children, grandchildren, parents, grandparents…)spouse/partner and unmarried children
Language testnoneA1 – may not be more than 1 year old.
After 5 years B1 is required for longer residence
Income test(nominally €1,375 for couples but unlikely to be applied), or a job at least 5.5 hours a week€ 1,524.99 for couples
Duration of permit and cost5 years (€50), then permanent residence is awarded (€70)3 years (€120). After 5 years (€120)
Who can get one? Anyone resident in Austria before 01.01.2021Only highly qualified, or people in a required profession.
Comparison of Withdrawal Agreement against Rot-Weiss-RotRot-Weiss-Rot, Daueraufenthalt EU and Blaue Karte EU Titles The EU Blue Card is issued in the shape of a bank card and is a combination of residence permit and employment permit. If you are the holder of an EU Blue Card, you are entitled to temporary settlement and to employment with a specific employer. It is issued for a validity period of two years. If you held an EU Blue Card for two years, you may apply for a Red-White-Red Card plus, provided you were employed for at least 21 months during the previous 24 months in a job matching your qualification. The Red-White-Red Card  is a combination of residence permit and employment permit. It is valid for two years and entitles you as the holder to settlement and employment with a specific employer. If you change your employer within the first two years, you have to apply for a new Red-White-Red Card. The Red-White-Red Card plus   entitles its holder to settlement and unrestricted employment. If you are the holder of a Red-White-Red Card plus, you may change your employer at any time without having to apply for a new permit. If you held a Red-White-Red Card for two years, you may apply for a Red-White-Red Card plus, provided you were employed in accordance with the eligibility requirements for a minimum of 21 months during the previous 24 months. Family members of Red-White-Red Card holders and of holders of an EU Blue Card may apply for a Red-White-Red Card plus right away.   residency for family members

Austrian migration website FAQs

There is a calculator here to see if you qualify for any of the third country national3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states. (3CN3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states.) cards.

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Is there a difference between rights gained before or after 2020?

Yes. If you qualified for your rights under the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration   before the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government. you are considered as a right holderRight Holder This is the person who was resident in Austria before 2021 and in their own right is covered by the WA.  Family members who do not themselves hold independent residency rights derive their right from this person. in the context of family reunions. It is important to note that you need to be a right holder to have your family join you, and that you can only be a right holder if you were living in Austria legally before end of 2020.

Only family members who were here before the end of the transition period can become right holders just like you, even if they were dependents previously. They, like you, will be able to have their core families join them later.

Those core familycore family Direct and close family members. Spouse, registered partner, children under 21 (or over 21 if still dependent), direct parents or grandparents; Adopted children are treated as natural children. members who joined you after the end of the transition period will not be able to become right holders. They will not be allowed to have their future families join them.

Your core family can eventually gain Withdrawal Agreement residency rights for themselves (e.g. by getting a job, becoming a student, or after 5 years of residency in Austria). Depending on whether they were here before or after the end of 2020 will determine whether they can later bring their core families to Austria.

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How long does my family have to register after they arrive?

Family members arriving in 2021 must register within 3 working days for the MeldebestätigungMeldezettel Austria requires everyone living in Austria (both Austrians and foreigners) to register their place(s) of residence with the local authorities. The confirmation of this registration is called a Meldebestätigung (EN: confirmation of registration), although it is still affectionately known to many by its former name (the Meldezettel). This is done at your Meldeamt in the Gemeinde or Bezirk you live in. You are required to do your registration within three days of arrival. It is important to do this also because your qualification for permanent residence starts to run from the point of your registration., and must apply within 3 months of arrival for their Article 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. cards. You as the right holderRight Holder This is the person who was resident in Austria before 2021 and in their own right is covered by the WA.  Family members who do not themselves hold independent residency rights derive their right from this person. must either already have your Article 50 EAV card, or you can apply at the same time as your family.

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Can my family members become right holders themselves?

Only someone who themselves have the right to residence in Austria can become right holders. That means that your spouse, who was working and living in Austria before the end of 2020, will in their own right be a right holderRight Holder This is the person who was resident in Austria before 2021 and in their own right is covered by the WA.  Family members who do not themselves hold independent residency rights derive their right from this person.. If they arrived after the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government. ended they will never be able to become a right holder, but can still obtain independent residency rights after five years.

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I am not married or in a registered partnership, can my partner still come?

If you are in a so-called durable partnership and you partner was living in Austria before the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government., they will be covered under the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.   If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria.   Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations.   https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration   with you as the right holderRight Holder This is the person who was resident in Austria before 2021 and in their own right is covered by the WA.  Family members who do not themselves hold independent residency rights derive their right from this person., as long as you stay together and they remain in Austria.

If your partner was not living in Austria before the end of the transition period, they will not have any automatic rights, but Austria must “facilitate entry and residence in accordance with its national laws”. This will involve extensive examination of your personal situation, for which you must be prepared to provide proof. If accepted, your partner can come under the Withdrawal Agreement. If not accepted, they will have to apply as a third country national3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states. (3CN3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states.).

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I am a lawyer and Austrian law does not permit me to practice law as a third country national. What should I do?

Amendments of the Rechtsanwaltsordnung and the EIRAG (the law that allows “passporting” of lawyers) are currently in public consultation. The main thing to do at this time is to check that you are entered into the Liste der Rechtsanwälte or Liste der Rechtsänwaltsanwärter through your local Rechtanwaltskammer. Subject to a trade deal being signed between the UK and the EU, British citizens will remain equivalent for the purposes of these laws.

Information on the gov.uk Living in Austria site

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What future prospects exist of Austria allowing dual citizenship?

Note: this relates to dual citizenship by naturalisation (durch Verleihung). Children of parents of two citizenships, of which one is Austrian (e.g. Austrian mother and British father) may now hold dual citizenship by descent (durch Abstammung).

From September 2020 there has been the possibility for (re)acquiring citizenship by declaration (durch Anzeige) for the victims of persecution under the Nazi regime (who fled Austrian up until May 1955) as well as for their direct descendants. The party submitting the declaration is not required to renounce their previous citizenship in this case. The only other case of dual citizenship being allowed through naturalisation is where citizenship is awarded in the interests of the Republic of Austria (Verleihung im Interesse der Bundesrepublik Österreich).

There have been several initiatives to try to allow dual citizenship, predominantly for Austrians wanting to take a second citizenship and maintaining their Austrian citizenship. This is already possible by exercising a right to retain Austrian citizenship (Beibehaltungsrecht), although the justification to do needs to be well substantiated rather than perceived as trivial.

Any such change would need amendments to be made to Austrian law and therefore require significant political backing since the process would have to make its way through parliament, and many Austrian political parties are not known to be in favour of any relaxation of the law.

It is infeasible that such a landmark change to the law would be made for a single country, and political sensibilities might be particularly averse to any relaxation for citizens from third countries.

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Do I need to change/update my proof of residence if my employment/educational circumstances change?

§51 (2) of the Settlement and Residence Act (NAGNiederlassungs- und Aufenthaltsgesetz The Niederlassungs- und Aufenthaltsgesetz (Residency and Settlement Act) is the Austrian law governing residency for foreign citizens in Austria.; Niederlassungs- und AufenthaltsgesetzNiederlassungs- und Aufenthaltsgesetz The Niederlassungs- und Aufenthaltsgesetz (Residency and Settlement Act) is the Austrian law governing residency for foreign citizens in Austria.) covers the situation of retaining a right to remain for citizens of EEAEEA The European Economic Area (EEA) consists of the 27 EU Member States as well as Iceland, Liechtenstein and Norway. The United Kingdom is not part of the EEA. signatory states in the event that their lose their job, so that if you obtain your AnmeldebescheinigungAnmeldebescheinigung Every EU citizen who intends to stay longer than 3 months, must apply for the Anmeldebescheinigung within 4 months of first arrival in Austria. This is essentially a snap-shot of your status at that time, and confirms you have fulfilled the conditions to stay in Austria for longer. Your residence is still subject to certain rules. Note: British Citizens could only apply for the Anmeldebescheinigung until the end of the transition period (31.12.2020) as an employee or self-employed that you remain “erwerbstätig” (i.e. having employed status) under certain circumstances:

  • Due to incapacitation due to an accident or illness
  • Due to being laid off (your employment terminated) after being employed for over one year (provided that you sign on with the unemployment office (AMSArbeitsmarktservice The Austrian Public Employment Service (AMS) is Austria’s leading provider of labour-market related services, and matches candidates with job openings and assists jobseekers and companies by providing advice, information, qualification opportunities and financial assistance.)
  • You commence vocational training related to the previously held position.

Note: for employment relationships of under one year but over six months, a shorter employment relationship (of at least 6 months) will be considered on a pro rata basis.

If this occurs, you should inform the AMS as well as also the residency authorities (Bezirkshauptmannschaft or MA35Magistratsabteilung 35 Residency and citizenship issues in Vienna are handled by Magistratsabteilung 35 (MA35). It has several offices in Vienna and where you need to go depends on whether or not you are an EU citizen (you go to one or other of its EU Referat offices depending on the district you live in), or its premises for third country nationals. (Vienna)) as soon as possible after the change in circumstances.

If you change from being employed to studying full-time (and have the means to support yourself and the necessary healthSozialministerium The Austrian Ministry of Social Affairs, Health, Care and Consumer Protection is responsible for the following fields: The health care system Initiatives for people with disabilities Consumer protection Public health and medical issues Care and support The rights of consumers and the protection of their health Senior citizens’ policy Social policy Social insurance insurance coverage), you are deemed to be changing from one eligible group to another one, you should inform the residency authorities of this. This would ensure that there are no doubts that your right to remain in Austria was legal both at the point of your receiving your Anmeldebescheinigung as well as currently following changes in personal circumstances, in say the event of applying for a “Bescheinigung des Daueraufenthaltes” (you would probably be asked to prove your student status as well as your situation in terms of finances and insurance coverage).

Thanks to staff from Vienna Business Agency’s Expat Center for their assistance in providing this answer.

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What is a regulated profession?

A regulated profession is one where a qualification or certificate of proficiency is required. These include e.g.: healthSozialministerium The Austrian Ministry of Social Affairs, Health, Care and Consumer Protection is responsible for the following fields: The health care system Initiatives for people with disabilities Consumer protection Public health and medical issues Care and support The rights of consumers and the protection of their health Senior citizens’ policy Social policy Social insurance professionals, architects, lawyers, doctors, or any of those professions performed on a commercial basis.

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What is nostrification?

Nostrification (Nostrifizierung) is the accreditation process of deeming a foreign degree to be equivalent to an Austrian one. This not only includes checking that your concluding your course ties in with completing an Austrian degree course, but also relates to the rights and obligations arising from holding a specific course of studies or a degree (e.g. the right to use your academic title or an authorisation to practice in certain jobs).

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Who qualifies for social assistance?

To summarise http://bit.ly/ATsocialassistance – mentioned in our flowchart about residence, unrestricted qualification for social assistance (Anspruch auf Leistungen der Sozialhilfe) for foreign citizens in Austria is only possible for citizens of EU Member States or EEA Signatory States who have a claim to social assistance or minimum benefits if they have been employed in Austria or have already been legally resident for five years or longer.

Third country nationals only have a right to such benefits once they have already been legally resident in Austria for more than five years.

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