Can the Austrian Authorities still issue Article 50 Cards?

A number of people from around Austria have reported issues getting replacement article 50 cards. In some cases they have been told that Article 50 cards can no longer be issued. This information is incorrect; Article 50 cards can still be issued for a number of reasons including the following:

  • Upgrades (upgrading to permanent residency).
  • Newborns (must be registered within 3 months)
  • Replacement cards when they are lost.
  • Name changes (marriage etc).
  • Family reunification where the relationship existed BEFORE 1st January 2021.
  • Completion of on-going Article 50 applications.
  • Late applications (less likely now).

If you have an Article 50 card and are only offered an RWR or RWR+ as a replacement, please politely decline and ask them to check the rules with 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.. The valid reasons for the downgrade would be failure to meet the conditions on which it was issued (e.g. extended absence, no 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 a long time) and separation in the case of a dependent non-British spouse.

In most cases you will need to complete the forms again, submit new passport photos and resubmit the documentation.

Note: Article 50 Residence permits will not be issued to British Nationals who arrive in Austria on or after 1st January 2021 and have no entitlement 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.   (e.g. no Family link).

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