Do I need to always carry ID in Austria?

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There is much confusion around whether it is mandatory for foreigners to always carry ID with them. This summary is based on the relevant legal text (Article 35 Sicherheitspolizeigesetz and Article 32 Fremdenpolizeigesetz) relating to specific circumstances and other sources.

Sicherheitspolizeigesetz

Article 35 of the Security Police Act (Sicherheitspolizeigesetz) defines the rules the police must follow to establish a person’s identity. They may request information related to a person’s identity which includes name, date of birth and their address. This applies to everyone in Austria including Austrians.

Fremdenpolizeigesetz

In addition, Article 32 of the Aliens Police Act (Fremdenpolizeigesetz) defines the obligations on foreigners to prove their right of residence. This requirement relates to requests by an authority.

In summary:

  • Foreign nationals must hand over documents relevant to their right of residence.
  • Foreign nationals must either carry their travel document (e.g. passport) with them, or keep it at such a distance from their current location to be able to present it within 1 hour.
  • An Austrian residence permit or documentation of the right of residence where residence is derived under the Settlement and Residence Act, is also acceptable as proof.
  • Where residence is derived from the Asylum Act 2005, proof is in the form of cards under Articles 51-52 of the Asylum Act 2005 or a photo ID under Article 5.
  • In justified cases, the police may also ask for information on the purpose and intended duration of their stay including proving that they have the means to support themselves.

Note: This only applies 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, Swiss citizens and beneficiary third-country nationals (family members of EEA, Swiss or Austrian nationals), insofar as it is not possible to prove their identity and nationality beyond doubt by other means. Similar rules also apply to Austrian citizens.

Oestereich.gv.at

The official Austrian Government website for EU and Swiss Nationals states the following:

“There is no general obligation to carry a travel document (passport or identification card) at all times. However, carrying proof of identity is recommended because public safety bodies (police) are empowered to check identity in certain circumstances (for example, in connection with possible criminal and administrative offences, or if they strongly suspect that a person does not have a right to reside in the country). They may also detain a person for an identity check if the person is apprehended in the act of committing an offence. This involves the exercise of a coercive or restraint power”

There is no such recommendation for Third Country Nationals.

The one hour rule

Here are two practical examples to illustrate how the “one hour rule” i.e. being able to produce ID within an hour, works.

J lives in Vienna and is off skiing in Tirol. She witnesses a traffic accident in the village she is staying at and gives a statement to the police. They need proof of identity in relation to the statement. She doesn’t have her passport with her, it is back at the hotel in the safe in her room. The police request her to return to the hotel and bring in to the police station. Had she left her passport in Vienna, she might have had to get her flatmate to get it to her.

N lives in Graz and locks himself out of his girlfriend’s flat. He decides to try to climb over the wall to get into the garden. In doing so, a passing police car spots him. The police stop him and ask for proof of identity. They let him phone his girlfriend, who confirms that he is staying with her, but still require ID from him, and once his girlfriend returns, they ask for his ID, which was inside the flat.

Summary

It is NOT mandatory for you to always carry ID with you in Austria. However the police do have a perfect right to check your identity and check whether you are legally resident. Always carrying photo ID is RECOMMENDED (e.g. residence permit). However, it also suffices for your photo ID to be within easy reach (less than 1 hour).

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