Information for British Citizens covered by the Withdrawal Agreement

Following 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., information is now split into separate sections for those British citizens who were already resident in Austria as of 31.12.2020 and those who were not. The information below applies to British citizens already in Austria as of 31.12.2020.

Only moved to Austria after 31.12.2020? Information for British Citizens who moved in 2021 can be found here.

FAQs

Does my Austrian Article 50 residence permit allow me to work elsewhere in the EU?

Answer

The strict answer is NO! Following Brexit, British Citizens no longer enjoy EU Freedom of Movement Rights. Your 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   rights are only in your host state (i.e., Austria). An Austrian Article 50 residence permit does not give you any working rights elsewhere in the EU.

However, if you are employed by an Austrian company (or Self Employed in Austria) you may carry out limited business-related activities such as attending meetings or attending training courses in other EU States. 

You may also be temporarily seconded (max 90 days) by your employer to work elsewhere in the EU. You will however need to follow any country specific guidance around the Vander Elst rules (e.g. Visa is required for Germany).

For those with a 5-year Article residence permit you also need to be particularly aware of the absence rules (max 6 months in any 12-month period). In addition, if you live in Austria you need to maintain a valid 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 policy in Austria, failure to do so may count as absence.

For further advice people are recommended to contact Your Europe Advice

Known Exceptions

There are some known exceptions to this:

  1. Frontier WorkerFrontier worker In the EU context, any worker who is employed in the frontier zone of an EU Member State but who returns each day or at least once a week to the frontier zone of a neighbouring country in which they reside and of which they are nationals as called frontier workers. German uses the terms "Grenzarbeitnehmer" and "Grenzgänger". – If you were working and registered as a Frontier Worker prior to 1st January 2021, you can continue to do so.
  2. EU spouse/registered partner – You do enjoy limited EU Freedom of Movement Rights with your EU Spouse/partner. Provided they move with you to the other EU country.
  3. Ireland – You may live and work in Ireland by virtue of the Common Travel Area (CTA).

Switzerland

Switzerland is not in the EU but has started to negotiate a Free Trade Agreement (FTA) with the UK in May 2023. In the meantime this site might provide some useful information for those wanting to work there.

Useful Links

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What differences are there in UK S1 coverage depending on when I arrived in Austria?

Question: If I have my healthcare funded in Austria via the UK (e.g. Pensioner with a UK S1), is there a difference between the S1 coverage for those who move to Austria after 31 December 2020?

Answer: NHS Overseas Healthcare Services makes a clear distinction between those that arrived in the EU on or before 31 December 2020 and those that arrived afterwards.

The table below illustrates the main differences between those that are covered by the Withdrawal Agreement (arrived in the EU on or before 31 December 2020) and those who are covered by the EU-UK Trade and Co-operation Agreement  (Arrived in the EU after 31 December 2020).

EU Residence TypeUK NHS CoverageUK EHIC/GHIC Card
In the EU before 31 December 2020FULL NHS coverage, the same as a UK resident whilst visiting the UK provided they travel with the S1Can apply for a UK supplied EHIC card
Arrived in the EU after 31 December 2020NO NHS coverage whilst visiting the UK. Separate healthcare insurance required.Can apply for a UK supplied GHIC card
Table explaining difference based on residence type

Note 1: A UK supplied EHIC/GHIC card is NOT valid for treatment in the UK; whereas an Austrian supplied EHIC card (back of e-card) is valid in the UK

Note 2: If you receive a UK State Pension AND a pension from the country you have moved to (e.g. Austria), you may not get an S1 form. This is because the country you live in is responsible for your healthcare.

Useful Links

Can S1 form holders access healthcare whilst visiting the UK?
Where can I use a UK Global Health Insurance Card (UK GHIC) or UK European Health Insurance Card (UK EHIC)?
NHS.uk – Visitors from EU countries, Norway, Iceland, Liechtenstein or Switzerland
NHS Overseas Services Contact Us
NHS Overseas Services Knowledge Base
Facebook – NHS Overseas Healthcare Services

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How do I obtain a refund for an Article 50 card application that was overcharged for my child?

In July 2022, an amendment to the Gebührengesetz reduced the charge (Gebühr) for an Art 50 TEU card application by a minor from EUR 61.50 to EUR 26.30. More importantly the change was made retroactively with effect from 1 January 2021 (i.e. thereby covering all applications made for the Article 50 TEU card).

For whom does the new reduced rate apply?

The new reduced fee is applicable for all Article 50 card applications by applicants under the age of 16 (whether initial applications, e.g. for a newborn baby that is the child of a cardholder, or a child/minor under the age of 16 on the day of the application being submitted, or any renewal prior to turning 16). The new fee also applies for replacement cards, provided that the cardholder has not reached the age of 16 before applying for their replacement card.

When does the new rate apply from?

The new rate has been applied retroactively from 01.01.2021, meaning that any previous applications made before a child’s 16th birthday, with the cut-off point being the date the application was made, are also covered.

How do I get a refund for an application made prior to the amendment of the Gebührengesetz?

The Ministry of the InteriorBMI The Bundesministerium für Inneres (BMI) - Austria's Ministry for the Interior - is the competent ministry for issues related to residency and citizenship. (as the competent ministry for residency law) together with the Ministry of Finance (as the competent ministry for the Gebührengesetz) have confirmed the following procedure for a refund:

Any minor (at the time of application) who was incorrectly charged EUR 61.50 (the adult fee) for their Art 50 TEU card application can receive a refund for the amount of the difference.

The application is required to be submitted in writing (by letter and not by e-mail) to the Finanzamt Österreich – Dienststelle Sonderzuständigkeiten.

Address:

Finanzamt Österreich – Dienststelle Sonderzuständigkeiten
Postfach 222,
1000 Wien

The application for a refund must contain the following details:

  • Documents that prove that the (incorrect) fees were paid. These are likely to be the receipt from the authority where you applied, and an bank account transaction statement.
  • The case number (Geschäftszahl) of the application and the date of the application
  • The name of the competent authority that collected the fees (e.g. local Bezirkshauptmannschaft, the Brexit Referat at 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.)
  • The applicant’s bank details (Name of account holder, IBAN number)
  • The applicant’s name and address and signature. In the case of a child/minor, a parent/guardian should state that they are applying on behalf of the applicant.

To make the application process easier, we have drawn up a template letter in German that can be submitted.

The BMF website contains further information (in German only) at: https://www.bmf.gv.at/themen/steuern/steuern-von-a-bis-z/gebuehrengesetz/Verfahren-zur-Entrichtung-der-festen-Geb%C3%BChren-durch-den-Geb%C3%BChrenschuldner.html.

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What does the (Austrian) EHIC card cover?

The Austrian EHIC card provides “medically necessary” treatment in state-provided healthcare during a temporary stay in any of the 27 EU countries, Iceland, Liechtenstein, Norway, Switzerland or the UK.

The UK EHIC/GHIC card has similar coverage in Austria, but please remember it is NOT an acceptable policy for permanent residency purposes. Also when you become permanently resident in Austria, your UK EHIC card is no longer valid (unless covered by a UK S1)

Please also remember it is NOT a substitute for adequate travel insurance (e.g. does not cover repatriation, helicopter transfer to a hospital following injury on a ski slope). 

An EHIC card also is unlikely to cover any Private Healthcare treatment including ambulances.

Further information:

European Commission page on EHIC cards (the “benefits covered” link contains information about restrictions). 

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Will ETIAS apply to British citizens resident in Austria covered under the Withdrawal Agreement?

Frontex, the European Border and Coast Guard Agency, confirms that holders of residence permits 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   will be exempt from ETIASEuropean Travel Information and Authorisation System (ETIAS) The European Commission's proposed European Travel Information and Authorisation System (ETIAS) is intended to strengthen security checks on those persons who travel visa-free to the EU, currently nationals from over 60 countries. The largely automated IT system will identify any security or irregular migratory risks posed by visa-exempt visitors travelling to the Schengen area, whilst at the same time facilitating crossing borders for the vast majority of travellers who do not pose such risks. Non-EU nationals who do not need a visa to travel to the Schengen area will have to apply for a travel authorisation through the ETIAS system prior to their trip. It is due to go live in 2024.:

ETIAS exemptions for British nationals beneficiaries of the Withdrawal Agreement

Those UK nationals who are beneficiaries of the Withdrawal Agreement will be exempt from ETIAS: they can not only reside on the territory of their EU host country, but also travel to other Member States of 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. for a short-stay without an ETIAS travel authorisation.

Source: https://frontex.europa.eu/future-of-border-control/etias/#collapse-faq-AN2Z4-18

Official EU ETIAS Travel Site:
Official ETIAS FAQ Site:

EES

Approximately 6 months prior to the launch of ETIAS (source: Your Europe Direct), something called the Entry and Exit System (EES) is likely to become operational within Schengen. This introduces the EU Smart borders system which will be used to count how many days Third Country Nationals spend in the Schengen Area and will replace the old passport stamping. Withdrawal Agreement beneficiaries, along with other Austrian residence permit holders should also be exempt from this. However, people are advised to ensure that their passport information and residency permit information are in synch (e.g. update MeldezettelMeldezettel 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. with latest passport).

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How do I and my EU/EEA Family Members return to the UK for good? (Surinder Singh Route)

Since 1st January 2021, EU/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 no longer have an automatic right to reside in the UK (the exception being Irish Citizens who are covered under the CTA). They are classed as 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.).

If the British Citizen is a 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   beneficiary there is a deadline of 29th March 2022 for their EU/EEA family membersEU/EEA family member Family members of British citizens with a citizenship of an EU member state or EEA signatory state. to apply under the EU Settlement SchemeEUSS The EU Settlement Scheme is the scheme under which citizens of EU Member States as well as citizens of Iceland, Liechtenstein, Norway and Switzerland are able to apply to continue living in the UK following the UK's leaving the European Union. (Surinder Singh Route).

If accepted the EU/EEA family will be given pre-settled status (similar to the rights of a British Citizen with a 5-year Article 50 card in Austria)

If, however the British Citizen is not a Withdrawal Agreement beneficiary, or the application is made after the 29th March 2022 deadline, then the EU/EEA family members will have to apply under the standard UK visa system with associated costs and difficulty, including minimum income levels.

Please note that the Surinder Singh route is not an easy route and there have been reports on the BiE Facebook group of people experiencing difficulty with this process.

Help and assistance regarding the Surinder Singh applications can be obtained via this Facebook Group: Surinder Singh Route- EU Free Movement – Advice Centre & Support Group

gov.uk – Apply for an EU Settlement Scheme family permit to join family in the UK

gov.uk – UK Family Visa

london.gov.uk – Pre-Settled Status

immigrationbarrister.co.uk – Richmond Chambers – Surinder Singh and the EU Settlement Scheme

immigrationbarrister.co.uk – Settled Status, Permanent Residence and Indefinite Leave to Remain

whsolicitors.co.uk – Surinder Singh

Disclaimer: the links above are provided for information services and do not constitute a recommendation of a specific law firm.

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I want to go off travelling in the future. What must I bear in mind regarding my residence status?

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. holders who do not hold a 10 year card (i.e. one marked DAUERAUFENTHALTSRECHT) need to take particular care when considering their options for going travelling. Here are a list of considerations to bear in mind if you hold a 5 year Article 50 EUV card:

  • Applications for a new card must be made before the expiry of your current five year card, so do not plan your grand tour for the final three months of its validity.
  • If you have not already satisfied the requirement of five years uninterrupted legal residence before you head off travelling, pay particular attention to how long you are away from Austria to avoid accidentally interrupting your residency. You may only be away for a period of 180 days in a rolling 12 month period if you hold the five year card. If your residence is interrupted by exceeding this, you will no longer be in 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   and you will not be able to get a new Article 50 card and will be handled like 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. (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.). Some limited exceptions apply, e.g. if you are studying in Austria and spend a year abroad studying, or if you travel for medical reasons (e.g. for medical treatment in the UK) for up to 12 months on a one-off basis.
  • If you are unemployed / between jobs you should seek 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. advice about what travel is possible. In some situations, benefits may be dependent on your actively jobhunting and attending interviews and courses, and a dim view might be taken about going off travelling. Similarly you should also check that you remain covered for insurance purposes, to avoid a gap in insurance cover interrupting your residence, and impeding your qualifying for a ten year card.
  • “Popping back” for a weekend in the middle of your travels to reset the clock won’t work. You will have to ensure that Austria remains the “centre of your vital interests”.
  • If travelling within 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., remember that you can only spend 90 days in 180 outside the country of your residence.

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Can I get an Article 50 EUV card without a valid passport?

It is not possible to get your 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. without a valid passport, but this should not deter you from applying:

  • You can submit your application with a copy of your expired passport as well as a copy of proof that you have applied for a new passport. However the card will only be issued once you have a new passport and have submitted this information to the authority processing your card. In Vienna it is likely that 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. will send you a letter asking for you to submit a copy of your new passport along with any other documentation they believe necessary for concluding processing.
  • In this case, in light of the impending deadline for submission of an application, you should ensure that you receive a Bestätigung über die Antragstellung for your Article 50 card application. This is the confirmation that remains valid until the legally final conclusion of your application (including any appeals in the case that your application is rejected).
  • You may be charged an additional sighting charge (of EUR 14.30) for the new passport submitted – there seems to be some discretion by issuing authorities in various precedents.
  • Please note that the Article 50 card is neither a travel document in its own right or proof of British citizenship, it is merely a residence permit.

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What health insurance policies are accepted for “privatier” applications for the Article 50 card?

During 2021, the following 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 solutions have proven to acceptable for applications as a “privatier” 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..

There are three main options:

Austrian State Healthcare

The Austrian State Health Self Insurance scheme (ÖGK Selbstversicherung) which costs approximately EUR 495,58 (2024 value) per month is approved, provided there is no 6-month wait. There is a 6 month wait if you are unable to prove UK NI payments in the last 6-12 months (e.g CA3916) and you also need a Legislation Letter from the UK to prove that the NHS is no longer responsible for your care (not applicable for S1).

In order to join the scheme you need to contact your local branch of ÖGK and complete the forms.

If you are over the age of 65, this is likely to be your best option.

For spouses/registered partners of employees you can also look at co-insurance (Mitversicherung) which is provided by OeGK and BVAEB (depends on who insures the employee).

Notes:

  1. This may take time to set up and is reliant on information from the UK
  2. Discounts are available and there are options to add family members.

NHS Business Services Authority – Can written confirmation be sent if I am not entitled to an S1 form?

Private Healthcare

The only publicly available list of approved healthcare providers is the one provided by the City of Vienna which may not be the latest (i.e. some policies listed may no longer be valid). It lists policies from the following insurance companies: Generali, Wiener Städtische, Uniqa, Allianz, Care Concept, Donau Versicherung.

The Care Concept policy is one that can be purchased on-line and is called Care Austria 364 and can be purchased direct from Care Concept DE or from brokers. Some of the Uniqa policies can also be purchased directly via Feelsafe.

For the other providers you will need to contact an insurance broker.

From feedback from BiAthe Facebook groups Britishinaustria.net draws upon its two Facebook groups as a source of questions to address in FAQs or to refer to the authorities or to request clarification from government ministries or HM British Embassy. These groups can be found at: British in Austria: https://www.facebook.com/groups/BritishAustria British in Europe ~ Austria: https://www.facebook.com/groups/BritishinAustria   group members the following criteria apply to these policies:

  • It must be for permanent residency (NOT a Visa Policy)
  • It can’t mention the words “travel insurance”/ “Reiseversicherung”
  • There must be no waiting period and no exclusions.
  • Coverage must be similar to OeGK.
  • It must be known to be accepted by 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..

Notes:

  1. Some of these providers may be restrictive on ages and pre-existing conditions.
  2. Some of these policies may be 3-year minimum terms.

Other Options

For those in receipt of a UK State pension, the S1 route should be explored which means the NHS covers the cost. Posted workers also have options here.

NHS.UK – Moving Abroad – Planning your Healthcare

If you or your family are an employee or former employee of a special organisation (e.g. UN, OPEC) then your Cigna policy is also likely to be accepted.

Those who are unemployed are covered by 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. and for those on SVS (self-employed) coverage is also provided by OeGK.

Last Update: 21st March 2023

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My employer is nervous as I don’t have my Art 50 EUV card yet. What should I do?

We have had several people who had applied back in the summer for their 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 it has yet to come through, and who have been chased up by HR at work or line managers who are unaware of the situation surrounding the Article 50 card.

We would advise furnishing the following two items (texts both in German) for your employer and providing them with a copy of the Bestätigung über die Antragstellung (confirmation that you have applied) for your 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..

  1. The ArbeitsmarktserviceArbeitsmarktservice 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. (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.) has an information page, and this page has already helped a number of Article 50 EUV card applicants assuage any fears. Importantly it states that you are only required to have applied for the card by 31.12.2021 – and that the Bestätigung über die Antragstellung remains valid until the conclusion of your procedure (and any appeal, in the event a card is not granted) https://www.ams.at/unternehmen/service-zur-personalsuche/beschaeftigung-auslaendischer-arbeitskraefte/brexit-informationen-fuer-staatsangehoerige-und-familienangehoerige
  2. The secondary legislation – the Brexit Implementation Regulation (Brexit-DVBrexit Durchführungsverordnung The Brexit Durchführungsverordnung (Brexit Implementation Regulation) is the Regulation/ordinance in Austrian law that will cover issues about residency for British citizens after the end of the transition period.; Brexit-Durchführungsverordnung) enacted by the Ministry of the InteriorBMI The Bundesministerium für Inneres (BMI) - Austria's Ministry for the Interior - is the competent ministry for issues related to residency and citizenship. (BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery.) clarifies the legal conditions for the application for the card and §3 (1) should be enough to satisfy your employer. https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20011419

Once you receive your card, submit copies of both sides of the card to your HR department and/or line manager. The reverse (back) of the card contains a remark that you have free access to the employment market.

Reverse of the Article 50 card – the Remarks at the top explain that you have “free access to the employment market under Article 18 (1) 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  

In case they ask for Article 18 of the Withdrawal Agreement – a side-by-side version is available on EUR-LEX at: https://eur-lex.europa.eu/legal-content/EN-DE/TXT/?uri=CELEX%3A12019W%2FTXT%2802%29


In 2021, 9,458 applications were made for the Article 50 EUV card (a figure that includes non-British Angehörige who have also applied). As of 01.01.2021 there were 11,529 UK Citizens resident in Austria.

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I am waiting for my Article 50 card and wish to spend time away from Austria. What must I do?

I applied for an Article 50 card in Vienna at the start of 2021 and received the application certificate, but have still not received the Article 50 card. Is there any way I can chase this up? I’ve tried contacting 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. with no luck. I might be leaving Austria next month but hope to be back next year to work – will I need to have received the card in order to do this?

If you have applied for residency in Austria and you have the documentation to confirm your application, you can use this to travel. MA35 have provided the following e-mail address to follow up on the progress of your Article 50 card: anliegen@ma35.wien.gv.at

Please state the following information:

  • your individual case number in the subject line of the e-mail (it can be found on the Bestätigung der Antragstellung confirming your application);
  • forename, surname;
  • date of birth

Please note: for UK nationals granted long-term residence status (Daueraufenthaltsrecht) in Austria, the UK national can be out of/away from Austria for up to 5 years without it affecting your immigration status.

Otherwise, UK nationals who do not have long-term residency can only be out of Austria for 6 months (in special circumstance such as illness, pregnancy, study this can be extended to 12 months).

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 prospects for UK citizens in Austria exist for regaining freedom of onward movement?

Are British citizens 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   limited to the Austrian labour market? Are any efforts being made to allow these individuals to work in the 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. freely as before Brexit? Being restricted to the Austrian market impedes career development options.

The Withdrawal Agreement only protects the rights of UK nationals in the EU country where they were living before the end of 2020. The Withdrawal Agreement does not cover the right to onward movement or the right to continue to move freely to other Member States.

A UK national covered under the Withdrawal Agreement in Austria wishing to move to another EU Member State to live/work, the UK national would be subject to the immigration rules in that EU Member State for 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.).

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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Are there any official statistics about applications for the Art 50 EUV card?

The Ministry of the InteriorBMI The Bundesministerium für Inneres (BMI) - Austria's Ministry for the Interior - is the competent ministry for issues related to residency and citizenship. (BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery.) publishes statistics at monthly intervals, with statistics usually published at https://www.bmi.gv.at/312/statistiken/start.aspx#nag_aktuell around 6-8 weeks after the reporting date (e.g. in mid-late September for July). The statistics appear at around p.47 or so of the monthly statistics files.

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. have seperate figures for the Frontier WorkerFrontier worker In the EU context, any worker who is employed in the frontier zone of an EU Member State but who returns each day or at least once a week to the frontier zone of a neighbouring country in which they reside and of which they are nationals as called frontier workers. German uses the terms "Grenzarbeitnehmer" and "Grenzgänger". Permits (GrenzgängerFrontier worker In the EU context, any worker who is employed in the frontier zone of an EU Member State but who returns each day or at least once a week to the frontier zone of a neighbouring country in which they reside and of which they are nationals as called frontier workers. German uses the terms "Grenzarbeitnehmer" and "Grenzgänger".  und Grenzgängerinnen)

Below are the illustrative figures for March 2023:

In total 9432 Article 50 residence permits have been approved to the end of March 2023 (includes family members). There are 7 RWR+ (Brexit) residence permits and 8 people have been issued with Article 50 Frontier Worker permits from another host state.

Note: As of 1.1.2023, there were 11,002 British citizens registered as living in Austria.

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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:

Austria (General & Students): Work in Austria

Austria (Students): OeAD

Lower Austria: Work in Lower Austria

Upper Austria: Welcome to Upper Austria

Salzburg: Welcome Service

Styria (employees of members companies only): CINT – Club International Styria

Carinthia : CIC – Carinthia International Club

Tyrol: Welcome Service Tyrol

Vienna: Expat Center Vienna , Business Immigration Office and Start Wien

Note: Queries related to students should be referred to OeAD or the Working in Austria Team.

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I’m struggling, who can help me with my Art 50 EUV card application?

If you have a long-term involvement with the 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 system, whether for mental or physical health reasons, you may be able to get access to a social worker if you do not already have one assigned. Similarly, if you are currently living in a safe house or shelter, your social worker may also be able to help. From individual cases that we have been aware of, and have had contact with, it has proven to be well worth getting your social worker to assist your application process.

Your social worker may well be in a position to contact your local residency authority (e.g. 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. or the Bezirkshauptmannschaft depending on where you are based) to obtain the list of necessary documentation that is required and fill them in on your situation, as well as obtaining the necessary proof that you are in long-term treatment or therapy, and to assist in terms of helping to obtain the necessary documentary proof regarding your circumstances e.g. about your being unfit to work, being incapacitated etc.

Regardless of whether your situation is related to poor physical/mental health, long-term unemployment or financial hardship, our advice would be to not delay in establishing contact with the authorities, where possible through your social worker, to resolve the situation.

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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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Will moving within Austria invalidate my Art 50 EUV card?

If you move before the decision has been made to issue your card has been taken from one province to another your card would be invalid. For example if you move from Vienna to another province before a decision has been reached about your application, you may have to reapply in your new province. One possible course of action might be to change your 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 to send it to the respective authorities of your new place of residence and the old place of residence. That way the office for your new residence may be able to receive the documents through from your old province (or request further information).

If you apply for a card and receive it and subsequently move to another province, your renewal process may be delayed as the authority in your new place of residence will probably need to get your previous file from another province. It is therefore worth ensuring that if you hold a five-year card that you do not leave renewal to the very last minute prior to your card expirying.

H/T Friedrich Bruckner

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How can periods of unemployment affect A50 residency status?

Some applicants 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 have been requested to provide additional proof of insurance or employment for periods where they were between jobs (a frequent issue for seasonal workers, who are not employed year-round and where there is a shoulder season between the winter and summer seasons). While it is not possible to rectify previous uninsured periods, there is usually a period after the end of a contract that you continue to be insured for, but the onus is on you 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. to ensure you are registered with them for such periods.

Some periods might be relatively short (e.g. a number or days through to a couple of weeks) and not pose a problem in this regard, but it can become more difficult if the period between jobs is longer (even if you have the funds to tide you over and a job due to start soon), which is why it is essential to register with the AMS.

Such a gap could end up constituting an interruption of your continuous legal residence, meaning that if you have been living and working in Austria for over five years, but with a gap classed as an interruption, your period of residence would only count from the date your coverage was resumed.

This would possibly prevent you from qualifying for the 10 year Art 50 EUV card until you again reach the threshold of five years continuous legal residence.

Provided that your previous employment was for at least 26 weeks in the last twelve months cover extends for a period of up to six weeks after the end of the employment relationship. Beware that periods of longer than six weeks could be considered to have interrupted “continuous legal residence”. (Legal basis: Article 122 para. 2 no. 2 ASVG).

H/T: Friedrich BrucknerVienna Business Agency Expat Center

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Are UK Citizens still eligible for financial assistance for IVF treatment?

In early April 2021, it was brought to our attention that the IVF-Fonds-Gesetz, which governs access to financial assistance for IVF treatment in Austria, did not cover UK Citizens 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 such citizens having previously been eligible for assistance for up to 70% of the costs of IVF/ICSI treatment (Legal basis: § 4 (4a) nos. 1-7 of the IVF-Fonds-Gesetz). We advised the British Embassy that a couple had been rejected funding due to the UK no longer being a member/signatory state of the EU, 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. or EFTA.

The British Embassy contacted the Ministry that oversees the Fund and confirmation was received that UK citizens covered by the Withdrawal Agreement (ie those legally resident in Austria since 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.) continue to be eligible to access the IVF Fund. An amendment to the law will be necessary in due course and the Ministry is aware of this issue.

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I have my 5 year card and am now eligible for a 10 year card? Can I apply for it now?

It is possible to apply for the 10 year card already, and from our understanding the process uses the same form (make sure that you tick box 35 on the new form post November 2023, previously this was box 32 on the form) . The field is labelled “Inhaber eines Daueraufenthaltsrechts” or “Holder of a permanent right of residence”. You may need to resubmit some documents (in case of any changes in personal circumstances). We have been advised that priority will however be given to initial applications over “upgrades” to ensure that everyone is able to apply for their first 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 during 2021.

Possible Issues

If the official informs you that you can only apply 3 months before the expiry date; please politely ask them to check with their superiors as this information is incorrect. Confirmation that you can apply early (as soon as you qualify) is also on the Official Austrian Government Brexit website; under the “Verlängerung” section on the German site and “Extension” section on the English site.

Note: Article 50 Applications now receive the same priority as every other residence permit!

You might also like to see…

This question was also raised at the British Embassy’s Online Q&A session in April 2021 – you might like to see further Q&As via the Embassy’s blog.

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What does the Art 50 EUV card look like?

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 is in cheque card format, and is securely printed. Page 15 of the BMI’s information about residence titles under the Settlement and Residence Act (NAG) shows what the following cards should look like.

  • Art 50 EUV card with 5 year validity
  • Art 50 EUV card with 10 year validity (right of permanent residence)
  • Art 50 EUV card with 5 year validity – family member
  • Art 50 EUV card with 10 year validity – family member (right of permanent residence)

Please note: the observation about free access to the employment market (as per Article 18 (1) 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  ) is found on the back of the card (so if submitting a copy of your card to an employer, please make sure you make copies of both sides!)

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I have my Art 50 EUV card. If my employment circumstances change, do I need to do anything?

  • Holders of the 5-year EUV card are not required to inform the competent residence authorities if they e.g. change from private person status to employee or from employee to self-employee or similar changes. However, they are required to inform the authorities at some stage in the event that NONE of these statuses apply to them anymore, which could then still result in the competent residence authorities initiating a process to end their stay in Austria in the future, where the conditions for holding an 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 are no longer met.
  • For 10-year card holders such problems would only occur if the holder were to leave Austria for more than five years, or in the case of their being convicted of very severe criminal offences.

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The Austrian authorities have notified me that my benefits will be suspended until I can prove that I am legally resident. What can I do?

Note: this FAQ only applies for British Citizens who were legally resident in Austria before 1 January 2021.

British in Austria has received several reports from around Austria from British citizens, 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  , who have had their access to unemployment and family benefits (in particular in relation to maternity leave) suspended. Those affected had received communications from the competent bodies (typically regional service centres of the ÖGK in the case of family benefits and 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. offices in the case of unemployment benefits), advising that their benefits had been suspended until they could provide proof of valid residence in Austria (i.e. 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) as their previous residency documents (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) or Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020)) were no longer valid. A small sample of cases covering different benefits were escalated to the British Embassy and the BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery. as Ministry in charge of the enforcement of the legislation about residency. The BMI has clarified that it is not the competent ministry for benefits-related enquiries. Subsequently the Embassy has had contacts to the Sozialministerium and Bundeskanzleramt.

The outcome from the Embassy’s contact to the SozialministeriumSozialministerium 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 and Bundeskanzleramt is the clarification that for British citizens who were legally resident in Austria before 1 January 2021 and continue to live in Austria, access to Austrian benefits remains unchanged compared to EU nationals. Until 31 December 2021, access to such benefits is not dependent on having applied for or received an 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.. The ministry is now contacting the registration authorities handling Art 50 EUV card applications to ensure that they are aware of this.

In light of this development, we would recommend that people in this situation try to obtain an appointment to apply for their Art 50 EUV card at their local registration authority at the earliest possible opportunity. As soon as you receive the Bestätigung der Antragstellung, you should send a copy of this to the authority that has contacted you about your benefits being suspended, and to then send a copy of your Art 50 EUV card once you receive it.

Other related items:

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My Art 50 EUV card covering letter contains a section about “Rechtsmittelbelehrung” Do I need to do anything?

Note: this FAQ most commonly affects applications in Vienna, where 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. cards issued by 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. are posted as RsA-Briefe to applicants.

The issuance of your card is ultimately in the form of an administrative decision (Bescheid) which the letter from MA35 is. All such decisions contain information about the right of appeal, which is contained in the section of the letter/Bescheid entitled “Rechtsmittelbelehrung” (ordinary right of appeal).

Since the right of appeal has to be made within four weeks of receipt of the Bescheid, this is another reason why cards are being sent out as RsA-Briefe, so that start of the four week period in which an appeal may be lodged is clear (i.e. at the point of legal delivery of the letter to you).

In the case that you have received the card, you are likely to not wish to appeal against the decision, so you just ignore this part of the letter (and the Bescheid then becomes legally effective upon expiry of the this four week period).

In case you do wish to complain about the decision, you would have to submit a full justification in writing about the grounds on which you wish to appeal (Beschwerde), including the grounds on which the Bescheid is legally inadmissible and any information that serves of proof that the decision is inaccurate. You must also state whether you wish an oral hearing (mundliche Verhandlung) at the Administrative Court (Verwaltungsgericht) at the time that you submit your appeal (Beschwerde). You are also required to pay a EUR 30 fee for appealing.

Note: Update 16.05.2021 This appeal process also applies for people issued a five year card, who believe that they should have received/were entitled to a ten year card, however they are advised to first contact the authority they applied through to check that a clerical error has not occurred. Please also consult this page for a full list of FAQs about appeals.

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Can the Art 50 EUV card be used as a travel document?

No. 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 is a residence permit, not a travel document. It is also not proof of citizenship. When you travel, even within 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., you should continue to carry your British passport on you when crossing borders. When entering the Schengen area, you should show your Art 50 EUV card with your passport to avoid having your passport stamped.

It is also important to note that additional validity rules may apply on your passport when outside Austria. For those rules and the rules for other Austrian residence permits, please see this link.

Note: Be aware, that even within the internal Schengen borders they can carry out spot checks and Temporary Border Controls are allowed. With Romania and Bulgaria starting to join Schengen in 2024 spot checks may increase

For those with an urgent need to travel, who have an expired UK Passport, you can apply for an Emergency Travel DocumentEmergency Travel Document The Emergency Travel Document (sometimes also called an Emergency Passport) is issued for British citizens abroad who need to travel who do not have a passport for travel (e.g. due to loss/theft/expiry of their previous travel document) and are unable to apply for one in time. Full eligibility criteria can be found on the section of the UK Government Website about Emergency Travel Documents.: https://www.gov.uk/emergency-travel-document/how-to-apply

Last Update:

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I applied in early January 2021, why is my Art 50 EUV card post-dated?

The validity of 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 does not start with the date of the application, but instead with the conclusion of the underlying procedure and the decision to grant the card to the applicant (which is only concluded after further checks after the initial appointment).

In the time between the appointment and the issuing of the card, you are still legally resident on the basis of the Bestätigung des AntragsBescheinigung über die Antragstellung When applying for the Art 50 EUV card, you will be given a certificate, the Bescheinigung über die Antragstellung (Bestätigung des Antrags) that confirms your legal residence until your Art 50 EUV card is issued..

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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 kinds of extra documentation requests have been received by applicants from MA35?

Some applicants have been asked to provide further documentation after their initial appointment with 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. in Arndtstrasse (UnterlagenanforderungUnterlagenanforderung An Unterlagenanforderung is a communication from an authority processing the Art 50 EUV card requesting supplementary information to assist them in making a decision on your application.) to support their application. We are collecting feedback from applicants about this second stage, and will add to this question accordingly as new information becomes available. The following list is a compiled list of the requested extra documentation that we have been made aware of by applicants applying in Vienna:

  • Documentary proof of residence in Austria for the last 5 years (suggested items include purchase contracts for real estate, medical statements, utility bills, bank statements etc.)
  • A Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020) (requested from someone resident since prior to 1.1.2006, where they had ticked Daueraufenthaltsrecht, but no Bescheinigung des Daueraufenthalts had been submitted with their application).
  • Proof of insurance (in the case of someone privately insured holding a Bescheinigung des Daueraufenthalts as the subsequent checks by MA35 had thrown up a query due to their not being in the ÖGK/SVS system).
  • Copy of a valid passport (the applicant’s passport had expired between the appointment and the subsequent checks). Note: according to the Federal Chancellery Website, there is no requirement for a minimum remaining validity of six months as some people have been informed when applying in other parts of Austria.
  • A signature on the “Personalisierungsblatt” – in the hurry to get applications through, MA35 were not asking people to physically sign in front of them. Note: people receiving this request do however receive clarification about the length of card they will receive as it contains information about the validity of the card to be issued.
  • Parents applying for children of school age and student age have been requested to supply a number of documents: in the case of a young school pupil, confirmation that they are attending school (Schulbesuchsbestätigung) as well as school reports (Schulzeugnisse) since achieving school age. In the case of students, proof of social insurance cover (where held by the student themselves or if they were mitversichert), and proof that their parents are covering their living expenses.

Legal Basis for requesting further information:

Article 18 (k) – (n) of the Withdrawal Agreement

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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 have 5 years legal residency but couldn’t get an appointment in 2020. Can I still get a 10 year Art 50 EUV card?

  • I have reached 5 years legal residence, but couldn’t get an appointment for the necessary residency permit under EU law before the end of 2020. Is it still possible to get a 10 year 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?

As a rule a 10-year card may be issued where a right of permanent residency has been obtained in the past, however a in individual cases, the circumstances may be considered on a case-by-case basis. In this case it is recommended that the applicant contacts their case officer.

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From what age are children required to attend Art 50 EUV card appointments and be fingerprinted?

Rules define that fingerprints are to be taken for all persons aged 6 and over, and therefore all children aged 6 and over are required to attend in person.

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Which relatives should I list in my Art 50 EUV application?

  • Should all relatives be listed on the application form, or only those who live here or wish to live here?
  • Should deceased children or adult children not living here be listed?

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. advises to applicants to raise these questions when applying in person, however as a rule only relatives currently living in Austria are required to be listed.

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My residency document under EU law was not able to be issued before 31.12.20, what can I do?

I was in the process of getting my 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)/Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020) at the end of 2020, but the process was not concluded before 31.12.2020.

Applicants should make an appointment 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 using the MA35 online appointment calendar with Referat 5.2 (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. will update its website further).

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What fees are applicable for the Art 50 EUV card?

The fee 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.” residency permit has been set at € 61.50 in the Gebührengesetz (amended in December 2020 and published in the Federal Legal Gazette in January 2021). In addition charges also apply, where not already charged for, for documents added to a file of € 14.30 for a passport and € 7.20 for documents about your personal status (e.g. birth or marriage certificates).

Update: July 2022 – Reduced application fee for minors:

Following an amendment to the Gebührengesetz earlier in July 2022, there has been a change to the charges for applicants under the age of 16. The cost for an under 16 is now EUR 26.30, with the cut-off date being the date of the application. This applies to both the first time application (e.g. newborns) as well as any renewals (e.g. conversion from a 5 to 10 year card and/or replacement following theft). More importantly the change is retroactive with effect from 01.01.2021. In the event that you paid more than EUR 26.30 (excluding additional charges for sighting of documents about personal status) for the application by a minor, you are entitled to a refund.

Details about the Refund

First time application free of charge (applies only for exchanges from documents conferring a permanent residency status).

In the case that the applicant holds any of the following documents granting a right of permanent residence in Austria, then the €61.50 is waived (this procedure is known as “Umtausch” – a straight swap):

  • Bescheinigung des Daueraufenthaltes (§53a NAGNiederlassungs- und Aufenthaltsgesetz The Niederlassungs- und Aufenthaltsgesetz (Residency and Settlement Act) is the Austrian law governing residency for foreign citizens in Austria.),
  • Daueraufenthaltskarte (§54a NAG)
  • Aufenthaltstitel „DaueraufenthaltDaueraufenthalt Daueraufenthalt simply means permanent residence. If you have permanent residence rights, usually from having been legally resident for 5 years, you are eligible for a 10 year residency permit.–EU“ (§ 45 NAG)
  • Or any other (older) residency title that confers a permanent residency right in Austria

In the case of a British citizen being continuously resident in Austria for five years and satisfying the conditions for a residency permit under EU law, they are deemed to have acquired the right to permanent residence, even in the case of their not having had an 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) or Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020) issued, but in this case the free “Umtausch” is not possible.

Useful links:

BKA – Brexit – Residency and Access to the Labour Market

BKA – Brexit – Aufenthalt und Zugang zum Arbeitsmarkt

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I am currently employed on a short-term contract ending soon? Can I apply for my Art 50 EUV card?

Original question to Embassy Q&A in November 2020 – response January 2021. “Can a contract as proof of employment be accepted when applying for the Aufenthaltstitel 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 even where the contract is issued with an end date only a short time in the future?”

A temporary contract is proof of being employed (right now). However the authority has to take into account the future situation of the applicant to an extent. If this is a person who has been living in Austria for a while and has always held temporary jobs, that should not be a concern. On the other hand, if a person moved to Austria only recently and has only worked for a short time (eg a few months) and no further contracts for employment yet, that person will most likely have to show sufficient income and comprehensive 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. It really depends on the individual circumstances, which will be taken into account by the offices. The best advice in this situation is still to apply once the person has a job/binding job offer as that makes the process much easier for all concerned. Application is possible until the end of 2021.

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What are the rules about passport photos for my Art 50 EUV card?

Source: https://www.bmi.gv.at/607/files/Passbild_Kriterien_052021.pdf

There are a number of points to remember about your passport photo. Shops offering passport photos may still be open even in a lockdown, but it is a good idea to phone them to check, as their opening hours might differ from their normal ones. If you request Passbilder, more often than not they will print them on a card with four pictures and a fifth one that proves they are biometrically in line as well as having a date on them. Take the entire sheet with you – the authorities will be able to cut out a photo and you will have proof that they are recent (i.e. less than 6 months old).

From the BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery. guidance, the following applies:

  • The photographs must be less than six months old.
  • The photographs must be sharp, well lit and with good contrast.
  • The face must be straight on and centred in the picture.
  • If wearing a face covering, the face must be visible from the base of the chin to above the eyes.
  • The paper should be glossy (and not contoured as is often the case with school photos taken for children)
  • Red eye” pictures cannot be accepted.
  • If you wear glasses, your eyes must not be obscured by the frames of your glasses or light reflections in your glasses.
  • Babies should not have a dummy in, and not be crying in the photo, and should not be wearing a hat on.
  • In the case of black and white pictures, the contrast and lighting requirements must also be observed.

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What will the “Art 50 EUV” residency title allow me to do? What will I be able to do in the future?

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.” residency title authorises you to stay and work in Austria. It will allow you, for example to change from working as an employee in fixed employment to being self-employed or vice versa.

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Does registration in Austria as a secondary residence or holiday home affect whether I can apply for residency?

The quality of your registration as principle or secondary residence (HauptwohnsitzHauptwohnsitz Your Hauptwohnsitz is your principle place of residence, i.e. where you typically have the centre of your vital interests. Other residences are known as Nebenwohnsitze. or NebenwohnsitzZweitwohnsitz Secondary places of residence (e.g. holiday homes that you spend some time in yourself, pied-à-terres, granny flats) are known as Zweitwohnsitze (in legal terms) or Nebenwohnsitze (in common parlance). While you may reside at a secondary residence for part of the time, it does not constitute the centre of your vital interests. It is of course possible to change your residence status (i.e. from your Zweitwohnsitz to Hauptwohnsitz - known as Ummeldung) to reflect changes in circumstances, although you should be aware that "flipping" is not intended for short-term changes and that doing so can affect the status of grants etc. contingent on the location of your vital interests. respectively), is not decisive, but your actual residency in Austria. If you spend most of your time in Austria each year (more than 6 months) and wish to continue to live here you will have to apply for an “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 by the end of 2021, or for an Austrian non-EU residence permit which is restrictive and difficult to get. If, you only visit say a couple of times of year (e.g. to spend a vacation in a holiday home) and don’t spend most of the year in Austria, then you are 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   and will have to apply for a residency title under the Settlement and Residency 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.).

Further information about the various residency permits in Austria can be found at: https://www.migration.gv.at/en/welcome/?no_cache=1

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I am a resident in Austria since before 31.12.2020. I recently lost my job and am looking for work. Do I have to leave Austria?

From information published by the BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery. on 17.12.2020 – No, you do not have to leave Austria. From 01.01.2021 it will be necessary to apply 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.”. As was the case as a citizen of an EU Member State, in the case that you are not in employment you and your family must be able to afford to live in Austria without recourse to social assistance (money received from 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. are not considered as social assistance, but as insurance-based funds) and have 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. Unemployment benefit is also considered as means to support yourself since it is insurance-based funds rather than social assistance.

You can apply for the Art 50 EUV card until 31.12.2021, so it is possible to first of all find a job and then apply for the “Art 50 EUV” residency title. You are entitled to remain in Austria for the time until you make your application for the Art 50 EUV card.

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I’ve been in Vienna for 4 years, studying and working, will I be able to get an Art 50 EUV card?

If you have been living in Austria for less than 5 years, you will be eligible for an 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, with 5 years’ validity. You’ll have to provide evidence about your personal situation (as a worker, student, self-sufficient person, British family member or British spouse of an Austrian national) and proof of comprehensive 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. After you have been here for more than 5 five years, you may be eligible for long-term/permanent residency status, and time spent studying here would count.

There is further information in the Austrian government’s Brexit FAQs at: https://www.bundeskanzleramt.gv.at/en/topics/brexit/residency-and-access-to-the-labour-market.html

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I have a British spouse (not working) and hold a visa as a dependent of an EU citizen? Can we get the Art 50 EUV card?

Based on information supplied by the BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery.: eligibility is likely to be contingent on your respective employment statuses (and whether your spouse continued to be considered as “Erwerbstätig” for residency purposes if not currently working) in the case of your holding a Visa as an EU-Angehörige(r).

In the case that you have acquired long-term resident status (e.g. due to your spouse previously having worked for five continuous years or
having sufficient income and comprehensive 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 for five
continuous years), then your spouse’s income for this time could also be your legal income.

It is also possible to combine times of employment/self-employment for
your spouse and their proving (through you) sufficient income and comprehensive health insurance. If that is the case your spouse (and any children you have with British citizenship can apply for 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.
permanent residence, and you apply for Art 50 EUV – Familienangehörige(r).

If you have not got long-term resident status, you can both
still the respective Artikel 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. residence permits providing your earnings allow your wife to show sufficient income and you both have comprehensive health insurance.

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We’re expecting a child in 2021, how should we do the Art 50 EUV card application?

Based on having the necessary residency paperwork in place that proves your residence in Austria prior to 31 December 2020, the following applies in 2021. The BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery. advises that you will only need to have 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 yourself/yourselves. You will be issued with a Bescheinigung über die AntragstellungBescheinigung über die Antragstellung When applying for the Art 50 EUV card, you will be given a certificate, the Bescheinigung über die Antragstellung (Bestätigung des Antrags) that confirms your legal residence until your Art 50 EUV card is issued. that says you have applied, and which confirms your legal entitlement to stay in Austria until the actual Art 50 EUV card is issued.

You will then have to apply for a residence permit for your child in the same way as you apply for yourself – and will have until 31 December 2021 to do so (according to the Brexit-DVBrexit Durchführungsverordnung The Brexit Durchführungsverordnung (Brexit Implementation Regulation) is the Regulation/ordinance in Austrian law that will cover issues about residency for British citizens after the end of the transition period. that covers the residency title of British citizens living in Austria as of 31.12.2020).

Your child’s application will require:

  • A copy of their birth certificate (you would be well advised to get an international birth certificate issued, and to have two copies done of it when you register the birth)
  • A passport photo
  • A British passport for your child

Other information about new babies can be found on https://www.oesterreich.gv.at/themen/familie_und_partnerschaft/geburt.html

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Is there any way I can obtain permanent residency before 5 years?

Yes, under certain specific circumstances you can obtain permanent residency without having to stay for 5 years. If you qualify you can apply directly for the permanent (10 year) Article 50 card.


You qualify for permanent residency before 5 years if you are no longer working AND:

  1. If you were (self-)employed, and when you stopped working had reached the Austrian pension age (no residency duration requirement.)
    • If you were self-employed, but Austrian law doesn’t grant your category of work a pension right, you can claim at age 60 (no residency duration requirement.)
  2. If you were (self-)employed and when you stopped working took an early pension, you must have lived in Austria for 3 years and been working for at least the last 2 years before you retired.
  3. If you were (self-)employed and have lived in Austria continuously for more than 2 years, and you stopped working because of a permanent incapacity to work.
  4. If you were (self-)employed in and have lived in Austria continuously for at least 2 years and you stopped working because of a permanent incapacity.
    • If that incapacity was due to an accident at work, or an occupational illness that grants you social benefits, you qualify straight away (no residency duration requirement.)

If you are a family member of someone who has permanent residence because of one of the cases above, you also gain it.

  1. If a (self-)employed person who has not yet earned permanent residence rights dies, family members residing with him at the time will straight-away qualify for permanent residence, provided that the deceased had resided and worked in Austria continuously for at least the previous two years.
    • As in point 4 above, if the death was due to an accident at work or occupational disease, there is no time restriction.

Reference: Article 13(1) 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   (EU Directive 2019/C 384 I/01) which refers directly to Article 17 (1)a,b,c of the “Freedom of Movement” (EU Directive 2004/38/EC)

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I am considering taking Austrian citizenship. What are the comparative benefits of naturalisation or permanent residence?

Even if you are considering applying to take Austrian citizenship, it would be advisable to apply 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 in 2021 to cover the eventuality of your naturalisation procedure taking a long time (even the swiftest procedures take months as a minimum).

Naturalisation may require you to prove proficiency in German language and display an adequate degree of integration, whereas the Art 50 EUV card does not stipulate having attained a certain language proficiency.

Austria does not typically allow dual citizenship, so naturalisation apart from under a couple of very specific circumstances would require you to renounce your British citizenship.

One blog – From Brexit to Ex-Brit – covers the naturalisation process in detail.

It should however be noted that from 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., British citizens naturalising can expect to be treated as third country nationals (this will remove some of the pathways for naturalisation that are only afforded to citizens of other EU Member States.)

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For pre-2006 arrivals, does a Meldezettel suffice for the Art 50 EUV card application?

For British citizens resident in Austria since prior 1 January 2006, original residence registration form (e.g. MeldezettelMeldezettel 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.) will also be your registration certificate. Authorities may ask for more evidence of your life in Austria when you apply 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, although the Interior Ministry (BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery.) have made repeated assurances that they are “looking for reasons to grant status, not to refuse status”.

Update 12.01.2021 – information from 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.:

In the case of anyone who had legally settled in Austria prior to 1.1.2006 registered in accordance with the Meldegesetz 1991 (ie. holding a Meldezettel/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.) this registration document has the equivalent quality of a certificate of registration (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)), but does not confer an automatic right to permanent residency, since the requirements for permanent residence are required to exist continuously over a period of five years. In the casae of people only holding a Meldezettel, it is necessary to check whether they satisfy the conditions to qualify for a 10 year Art 50 EUV but a 10 year card will in this case be charged for, and it is not possible to “exchange” this existing status into an “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.” residency title free of charge. The application for 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. must be submitted by 31.12.2021.


The Austrian government’s Brexit FAQs contains further information: https://www.bundeskanzleramt.gv.at/en/topics/brexit/residency-and-access-to-the-labour-market.html

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Can short-term employment contracts be used as proof for Art 50 EUV card applications?

This issue has been passed on to the Austrian authorities for further clarification. (Update 30.12.2020 – no response received)

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Will NI contributions continue to be transferable during/after the transition period?

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  , the EU’s social security coordination rules will continue to apply in full to individuals in full scope, including UK nationals living and/ or working in the EU and EU citizens living and/ or working in the UK by the end of December 2020, for as long as they remain in full scope.

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What checks and balances and appeals procedures will there be for Art 50 EUV card applications?

UK nationals and their family members have a wide range of routes of redress and complaint available to them 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   and elsewhere. These routes broadly mirror those currently available to UK nationals when exercising free movement rights in the EU.

UK nationals can complain to relevant public bodies in Member States and are granted a statutory right of appeal (administrative and judicial review) in their Member State of residence under the Withdrawal Agreement.

UK nationals will continue to have access to the European Commission’s complaints system; Your Europe Advice; CHAPs; the European Ombudsman; and “PETI”, the European Parliament’s Committee on Petitions.

The European Commission will continue to monitor compliance with EU law via complaints or on its own initiative. This includes rights under the Withdrawal Agreement.

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What is the minimum number of employment hours required for the Article 50 EUV card?

There is no published minimum income or number of hours. When applying 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., you will need to provide evidence of your personal situation (as a worker, student, self-sufficient person, British family member or British spouse of an Austrian national) as well as proof of comprehensive 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. As a guidleline, the BMIBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery. assured us that a minimum of around 5 1/2 hours per week would be enough. This is not set in stone and cases that are borderline will also be considered

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How will temporary absences be calculated in relation to the Art 50 EUV card?

For holders of the 5-year card, absences “not exceeding six months a year” are allowed. The Austrian authorities have confirmed that absences will be calculated on a rolling basis, that means a total of 6 months in the last 12 months. This might catch you out if you take a long winter holiday and a long summer holiday away from Austria.

Seasonal workers leaving Austria at the end of the winter season to only return for the following winter season must take particular care about how many days they spend outside of Austria.

Holders of 10-year cards (ie permanent residence) are allowed absences of up to 5 years in a block. So, for example, a period of 2 years away, then a month back and another absence of 4 years is allowed.

Card holders who spend a lot of time abroad are in any case advised to keep a note (and as necessary proof of travel) about dates of travel. If there is any doubt as to when you were in or out of Austria, the onus is on you to prove it.

Special conditions apply for one-off longer absences in exceptional situations, such as for studying (for a year abroad), caring for an elderly relative (not explicitly mentioned), postings abroad by your Austrian employer, or military service. This absence is also referred to on the Austrian Government Brexit website

The advice we have received in 2021 from Your Europe Advice (ref: 334484) on the extended absences is that:

  • “There is no specific process you need to follow to notify the Austrian authorities of such absences. You will need to retain documentation which explain the reasons for your absence in case this is requested.
  • “In such cases, upon your return to Austria, we consider that you would have to remain there for a least six-months in order to reset the clock on permitted absences”

If you break the rules and are away for too long, you risk permanently losing your residency 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  .

Notes:

  • 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 cover in Austria may be used to determine the length of absence. Ensuring that you have health insurance cover in Austria is therefore essential (a travel insurance policy does not suffice for residence purposes).
  • Periods of unemployment, where there is no health insurance coverage, may also affect your future eligibility for a 10 year card.

Non British/Non-EU Spouse

Please be VERY careful if you have a non-British/Non-EU Spouse with a 5 year ARTIKEL 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. FAMILIE card. Your absence can also affect their right of residence in Austria! The advice from Your Europe Advice is:

“The right of residence of UK citizens and their family members after BREXIT is set out in Article 13 of the Withdrawal Agreement which refers to Directive 2004/38/EC. The case of departure of the UK citizen normally also leads to the loss of the right of residence of the non-EU family members, except in cases according to Article 12 (3) of Directive 2004/38/EC, to which Article 13 of the Withdrawal Agreement refers:

Departure of the UK citizen (for more than six months) does therefore not affect the right of residence of his/her children or of the parent who has actual custody of the children, if the children reside in the host Member State and are enrolled at an educational establishment, for the purpose of studying there, until the completion of their studies.”

Useful Links:

Gov.uk – Explainer for part two (citizens’ rights) of the agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union (see para. 14 (5 year card absence rules) & para. 18 (10 year card absence Rules)

See also British Embassy, Vienna Q&A November 2020

Last revised: 25.08.2023

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Do I need to nostrify / convert UK degrees and/or professional qualifications?

The recognition of academic degrees is not affected by the UK leaving the EU.
If you didn’t apply before the end of 2020 for recognition of any professional qualifications in regulated professions (such as teaching, law, nursing, etc), it is probably too late.

Useful Links

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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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If you meet residence criteria in more than one EU country, can you apply for residency in more than one country?

It is possible for a British citizen to fulfil the residence criteria 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   in more than one EU country (for example by having gained permanent residence in one EU country after more than five years working there, and then subsequently moving to work and reside in another EU country 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., you moved to work and reside in another EU country).

If you have gained a permanent residence in one EU country, you will be covered by the Withdrawal Agreement if you return there within five years of your departure (although this will depend on the host country rules as to whether you need to apply for a new permanent residence status under the Withdrawal Agreement). You can apply for protection of your Withdrawal Agreement rights in another EU country while still retaining the rights to permanent residence in a country you lived before for a certain period.

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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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When the Art 50 EUV card expires after 10 years will the same renewal process apply for the next 10 years?

No, not quite. The so-called 10-year card only needs renewing every 10 years because of the photograph, just as a passport is renewed. There can be no checks for employment or income limits, or whether you are on social-security or similar. Once you have earnerd permanent residency rights (which is confirmed by you having a 10-year card) the only checks they can make are to see if you have been away for more than 5 years or if you pose a serious risk to public or national security. Your residency is otherwise permanent, guaranteed for life.


You will still have to apply for renewal at your local “Ausländeramt” though, and there might be a small administration fee.

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What will the situation be for children of UK nationals living in the EU regarding studying in the UK in the future?

UK nationals living in the EU (or in 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./EFTA states and Switzerland) and who return to the UK to study will continue to be eligible for student support from Student Finance, home fee status, Further Education 19+ and apprenticeship funding provided they meet the prevailing published eligibility requirements. This right has been extended so that UK nationals living in the EU or Switzerland will continue to be eligible for support for courses starting within seven years of 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. (i.e. for courses starting prior to 1 January 2028).

The devolved administrations have made similar commitments. Education and skills funding is devolved and the exact entitlements and eligibility may vary between the separate parts of the UK.

Unfortunately the UK withdrew from the Erasmus and Erasmus+ schemes as part of the “future relationship deal” in December 2020

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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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I hold a passport of another EU Member State in addition to British citizenship. Do I need to get an Art 50 EUV card?

If you originally registered in Austria using a British passport, have not included your other nationality on your 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. or 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), you will need to update these accordingly so the authorities are aware of your other (and therefore EU) nationality, otherwise you will have to apply for the new 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 in 2021.

In addition, you should also inform both the ÖGK and Finanzamt – your employer may be able to assist in this regard through payroll accounting.

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I am a long-term resident with an Austrian spouse. Will I have to change my residency paperwork?

Regardless of who you are married to, or how long you have been here before 2021, every British citizen must apply for either an Article 50 card, or for the more restrictive non-EU citizen residency permit before the end of 2021.

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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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When can I apply for my Art 50 EUV card?

Applications open in January 2021 (4 January due to public holidays and the weekend). While you can already book appointments in Vienna for January 2021, the application can be made at any time in 2021. Before the end of 2020, you must make sure that your current residency documents are in order.

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I live in a neighbouring EU country and commute to Austria for work, what will I have to do?

British citizens holding permanent residence in a neighbouring country and working in Austria, commuting on a daily/weekly basis, in particular on cross-border contracts already classed as EU cross-border commuters, will continue to be recognised as such and won’t need work permits to continue this arrangement after 31 December 2020 as UK cross-border or “frontier” workers 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  . However they will not be entitled to an Aufenthaltstitel 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., but may apply for a certificate “Bestätigung gemäß § 3 Absatz 8 Ausländerbeschäftigungsgesetz für “Artikel 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.GrenzgängerFrontier worker In the EU context, any worker who is employed in the frontier zone of an EU Member State but who returns each day or at least once a week to the frontier zone of a neighbouring country in which they reside and of which they are nationals as called frontier workers. German uses the terms "Grenzarbeitnehmer" and "Grenzgänger". und Grenzgängerinnen” at the regional office of the Austrian Public Employment ServiceArbeitsmarktservice 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. (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.; ArbeitsmarktserviceArbeitsmarktservice 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.), certifying their frontier workerFrontier worker In the EU context, any worker who is employed in the frontier zone of an EU Member State but who returns each day or at least once a week to the frontier zone of a neighbouring country in which they reside and of which they are nationals as called frontier workers. German uses the terms "Grenzarbeitnehmer" and "Grenzgänger". status under Article 26 of the Withdrawal Agreement.

Further information: https://www.bundeskanzleramt.gv.at/en/topics/brexit/residency-and-access-to-the-labour-market.html

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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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If my passport is being renewed, can I use an Emergency Travel Document for my Art 50 EUV card application?

Background: Some people in the Facebook groupsthe Facebook groups Britishinaustria.net draws upon its two Facebook groups as a source of questions to address in FAQs or to refer to the authorities or to request clarification from government ministries or HM British Embassy. These groups can be found at: British in Austria: https://www.facebook.com/groups/BritishAustria British in Europe ~ Austria: https://www.facebook.com/groups/BritishinAustria   have asked whether they can use an Emergency Travel DocumentEmergency Travel Document The Emergency Travel Document (sometimes also called an Emergency Passport) is issued for British citizens abroad who need to travel who do not have a passport for travel (e.g. due to loss/theft/expiry of their previous travel document) and are unable to apply for one in time. Full eligibility criteria can be found on the section of the UK Government Website about Emergency Travel Documents. (ETDEmergency Travel Document The Emergency Travel Document (sometimes also called an Emergency Passport) is issued for British citizens abroad who need to travel who do not have a passport for travel (e.g. due to loss/theft/expiry of their previous travel document) and are unable to apply for one in time. Full eligibility criteria can be found on the section of the UK Government Website about Emergency Travel Documents.) in the case that their passport is being renewed for their 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 application.

Response from HM Embassy – received 09.11.2020.

UK nationals will need to use their standard British passports when applying for the new 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.. We would like to reassure you that the COVID-related backlog in processing passport applications earlier in the year has now been cleared.

The application process for the new residency card will be open for the whole of 2021, so it is not necessary for everyone to apply at the start of January. There is no requirement for future validity (i.e. 6 months) on a passport used as proof of nationality when evidencing 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  .

UK nationals resident in Austria whose passports are approaching expiry should replace the documents in good time.

HM Embassy to britishinaustria.net

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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), 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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What about children born after the end of 2020?

Children born or adopted 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. (either in Austria or outside) will be 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   if:

  • Both you and the other parents are right holders or
  • One parent is 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. and the other is Austrian, or
  • One parent is a right holder and has joint or sole custody rights of the child

Children born or adopted after the end of the transition period will not have the right to be joined by their own family members.

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What happens if I/we divorce, or I leave Austria, or I die?

Your family members that haven’t gained independent right of residence may still be 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   through “retained rights”. This is a complex subject and you should seek expert advice.

Your family members that have gained independent right of residence will be covered by the Withdrawal Agreement and can stay as before.

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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), 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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Can my children pass on their rights to their family?

No. Children or other family members who are not right holders themselves will not be able to bring their future family members to Austria 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  . Only right holders can do this.

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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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I am resident in Austria, and the rest of my family will move in 2021. What will we have to do?

Your core familycore family Direct and close family members. Spouse, registered partner, children under 21 (or over 21 if still dependent), dependent direct parents or grandparents; Adopted children are treated as natural children. members can join you at any time, provided your relationship already existed by 31.12.2020.

Firstly, registration: Get their 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..

They must then apply for their 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. cards as your family members within 3 months of arrival. You can do this either if you already have your own Art 50 EUV card, or alternatively you can apply for the whole family at the same time – there is no fixed recommendation in this regard – so you may choose either way, depending on what is more convenient for you. Confirmations of application will be issued to cover the period until their cards come through.

They will have to show they are supported by you or have their own jobs. As long as you are (self-)employed or self-sufficient they will be covered by you. The order in which to do things or exactly how to get them covered by your Krankenkasse has not yet been resolved. Therefore it would be advisable to contact the ÖGK as soon as you know when your relations are going to be moving out to Austria to join you.

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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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From when does the five years legal residency start?

The background to this question was that there have been apparently divergent experiences about the 5-year qualification period for various British citizens in Austria in various provinces (from responses to questions in the Facebook groupsthe Facebook groups Britishinaustria.net draws upon its two Facebook groups as a source of questions to address in FAQs or to refer to the authorities or to request clarification from government ministries or HM British Embassy. These groups can be found at: British in Austria: https://www.facebook.com/groups/BritishAustria British in Europe ~ Austria: https://www.facebook.com/groups/BritishinAustria  ). Some were told that the five years residence would only begin from the date of issuing of their 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), while others were told from their 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. (which straightaway could make a difference of 3-4 months if both were done promptly). In the case of those with “Neuen Selbständigen” employment status, then it is also possible that the date upon they registered their business activity with their local tax office (Finanzamt) could be applied.

We raised this issue that was escalated to the Ministry for the InteriorBundesministerium für Inneres The Bundesministerium für Inneres (BMI) / Ministry for the Interior (UK counterparty: the Home Office) is competent for public security, policing, border control as well as residency and citizenships. It is also responsible for elections and direct democracy instruments as well as the civil service in the respective provinces, as well as municipal level where they are not covered by the Federal Chancellery. and received the response that in the case for example of the work starting date (either as employed or self-employed) being earlier than the date of the Anmeldebescheinigung, then the earlier date shall apply.

We would recommend in this case (and in the event that you forget to do your Anmeldebescheinigung on time) that you should get hold of a Versicherungszeitenauszug from the SVS or your insurance provider, that would confirm the date from when you have been paying insurance contributions in, which could prove your case. Otherwise your employer can give you a copy of your social insurance registration (if you have changed job in the meantime, you might need to ensure that you have all such documents (e.g. for registration and de-registration) to prove your legal residence.

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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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Current freedom of movement rules

An explanation of the current rules of freedom of movement will be helpful to many people:

  1. EU citizens are entitled to enter without a visa. They have the right to stay in the Federal territory for a period of three months. This is regulated in the Foreign Police Act (FPG). Employed persons (employees, self-employed persons, service providers), but also those not gainfully employed, provided they have sufficient means of subsistence and comprehensive 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 cover, have a right of residence for more than three months. The person concerned may not burden the social system of Austria.

The right exists for the following persons:

  • Employed or self-employed persons and job seekers (for a certain period of time)
  • Economically inactive persons (e.g. pensioners) who have sufficient own means of subsistence and comprehensive health insurance cover for themselves and all their family members, or
  • Students and trainees who have sufficient own means of subsistence and comprehensive health insurance cover or
  • Family members of a person, who fulfils one of the criteria listed above.

Therefore a person can rely on their status of economically inactive person, if they can show sufficient own means of subsistence and comprehensive health insurance.

Alternatively a person currently not employed can rely on their family members right to freedom of movement and get an 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)/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. residence permit as a family member (that is the example with one family member working).

It is important to note that if a person is employed or self-employed there is no income requirement. Any person who, in the context of an employment relationship for remuneration, carries out real and genuine work for a certain period of time is considered a worker Only activities which are of such a small scale that they are completely subordinate and insignificant are disregarded. Neither the limited amount of the remuneration nor the origin of the resources for that remuneration can have any effect on the status of worker within the meaning of Union law. Therefore also persons who are only employed “geringfügiggeringfügig Geringfügige Beschäftigung (marginal employment) relates to low income employment, for which certain conditions and restrictions apply. Someone employed as "geringfügig" has a maximum monthly income of € 460.66 per month. It applies to part-time, season or casual employment relationships, and from an employer's perspective has lower ancillary costs.” or for a small number of hours a week are considered workers.

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