The table below illustrates the key differences:
|No||Difference||5-year card||10-year card|
|1||Permanent residency||Not classed as permanent residency||Classed as permanent residency|
|2||Permitted absence from Austria||Max. 6 months absence in any rolling 12 month period without causing issues.|
Some exceptional circumstances permit a one-off longer absence: See Withdrawal Agreement Explainer Part 2
|Maximum 5-year continuous absence without losing residence rights|
|3||Renewals/ Upgrades||Renewals/upgrades follow the same process as the original application (i.e. in terms of amount of information required to be supplied)||Renewals should be more straightforward.|
Checks regarding employment status and income limits being met are no longer mandatory, or checks regarding whether you receive benefits.
Once you are entitled to permanent residency rights (as confirmed by having a 10-year card), the only checks are to ensure that you have not been away for more than 5 years or if you pose a serious risk to public or national security.
Your residency is otherwise permanent, and guaranteed for life, although you will still have to renew your card every 10 years.
|4||Employment or insurance gaps||Employment/insurance gaps may cause issues and prevent you gaining permanent residency (i.e. 10-year card after initial 5-year card), especially in the case of absences of longer than 6 months in a 12-month rolling period (other than for one of the exceptional circumstances).||You are not required to be continuously employed/insured(**) and are (if your situation severely deteriorates) allowed to claim Notstand and Mindestsicherung allowances.|
(**) Only in the context of losing or jeopardising your residency rights. Other insurance/medical/pension problems are still possible.
|5||Validity||Valid for 5 years||Valid for 10 years|
Note: Neither the 5-year nor the 10-year Article 50 (card states: “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. – Daueraufenthaltsrecht“) cards provide you with any additional EU Freedom of Movement Rights, such as the ability to live and work elsewhere in the EU under the terms 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
How do I apply for the 10 Year Card?
You can apply as soon as you have had 5 years of continuous legal residence in Austria. Time before and after the issue date of the card count. Please do NOT wait until the expiry date of the residence permit; although you can apply afterwards without losing your rights.
You apply by completing the same forms as you did for the initial Article 50 application, BUT make sure to tick box 32 on the pre Nov 2023 form (Inhaber eines Daueraufenthalts-Rechts) or box 35 – TBC (November 2023 form) this time. There is also supplementary qualifying criteria laid out in Article 17 of Directive 2004/38/EC (e.g. being self-employed for two years and needing to stop work as a result of permanent incapacity to work)
For those in Vienna, please note that the dedicated 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. Brexit Department in Arndtstrasse has closed, so please go elsewhere.
Note 1: There are are no German language requirements for the Article 50 cards; however it is highly recommended you learn.
Note 2: Just like the original application, you need to have a valid UK passport which is no more than 10 years old from the date of issue.
Article 50 applications no longer receive priority treatment; so please be patient, especially in Vienna!
It is possible that the Beamte in the Bezirkshauptmannschaft (or MA35) that you are dealing with is unfamiliar with the process for dealing with Article 50 upgrades and might possibly say you cannot apply until 3 months before the expiry date. This information is incorrect; please be polite and ask them to check with their superiors in 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. regarding the rules for the 10-year Article 50 card (Artikel 50 EUV – Daueraufenthaltsrecht). In addition, do not let them offer you a RWR card or any other residence permit instead of the Article 50 card.
You will find confirmation you can apply early (as soon as you qualify) on the Official Austrian Government Brexit website; under the “Verlängerung” section on the German site and “Extension” section on the English site.
Please give the local Austrian officials time to check the rules as people have successfully applied all over Austria including Vienna, Salzburg, Brück-Mürzzuschlag and Reutte. If the officials refuse to check the rules please contact the Austrian Government Brexit Hotline and/or the Embassy Citizens Rights Team. If all else fails, you may use our Enquiry Form for assistance.
Do I automatically get a 10 Year Card?
No; in some cases you may be offered another 5-year Article 50 residence permit. Reasons for failure to get the 10-year residence permit would include the following:
- An absence of more than 6 months in any 12-month period.
- Gaps in 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.