Will I lose my WA Rights if my Article 50 Card expires?

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. have confirmed the following to us:

“… a UK national whose WAWithdrawal 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 status was granted under Article 18(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   cannot lose the beneficiary status because the validity of the Article 50 residence document expires. Therefore even a late application for extension will not have negative consequences with regard to residence rights for the concerned Brits or their family members.”

However, the advice from the BMI and us is that you renew your Article 50 card in good time to avoid any issues when travelling or gaining access to services in Austria. This is especially true given the launch of things like EES and 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. in 2024/2025!

You can apply as soon as you have had 5 years legal residence. Complete the Article 50 forms, supply the relevant documentation and make sure to tick box 35 – “Inhaber eines Daueraufenthaltsrechts” (previously box 32):

In addition, please take note of the absence rules as this could cause you to lose your Rights or mean that you will not be issued with the 10 year card! Maintaining continuity of healthcare is also critical!

You will find confirmation of this on two Austrian Government websites (see “extension” section) in English and in German (see “Verlängerung” section)

Note: Five year Article 50 cards issued in 2021 will start expiring from 1st January 2026 (5 years after the issue date) and renewal will take time, especially in Vienna. 10 year Article 50 cards issued in 2021 will start expiring from 1st January 2031.

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