Article 50 – Enquiry Form

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The application period for Article 50 cards ended on 31.12.2021 for initial applications. This form is for people seeking assistance about:

  • Applying for an Article 50 card for a newborn child after 31.12.2021
  • Concluding their application process (i.e. if you applied a number of months ago, but have not yet received a card).
  • Upgrading their card from a 5 year card to a 10 year card.

Before you submit this form, please take the time to read the following FAQs about the respective circumstances listed above. Recent contact to the Ministry of the Interior (BMI) in May 2022 has yielded the following information:

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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Can an Article 50 card application/renewal be made without a valid British passport?

Issuing an Article 50 card requires a valid British passport to complete the procedure. However, you can still apply if you have proof of having applied for a new British passport.

This issue crops up in a couple of common circumstances:

  • Application for a card for a newborn baby (application required within three months of birth/arrival in Austria).
  • Conversion from a five to a ten year card (although you could wait to convert your card in this case).

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. has informed us that you only need to have proof that you have applied for a new passport when you submit the Article 50 application. Submission of the new passport concludes the application procedure.

As previously advised, 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.) is not acceptable for the initial application process.

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Can my child born after 2021 also get an Article 50 card?

Children born after 31.12.2021 qualify for an Article 50 card.

  • The Article 50 card holding parent(s) must still be legally resident in Austria. They must be a Full rights holder.
  • You must apply within three months of the child’s birth. For children born in another country, the application deadline is three months after the baby’s arrival in Austria).
  • If a local authority declines your application, please advise us via the form below. We will ensure that 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. contacts the authority to ensure their correct understanding.
  • If your child does not have a passport when applying, show proof of application for a British passport for them. Submission of the passport is necessary to conclude the procedure.

This has also been documented on the Austrian Federal Government website in English – “When and where do my family members need to apply?” and in German – “Wann und wo müssen meine Familienangehörigen den Antrag stellen?”

If you have problems, let us know and we will pass on your information to the BMI.

Legal basis: Article 3 para. 3 Brexit-DV

Enquiry Form

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When can I convert my five year Article 50 card to a ten year one?

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. has advised the following regarding the change from a 5 year Article 50 card to a 10 year card (DaueraufenthaltstitelDaueraufenthalt 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.):

  • Conversion is possible as soon as you have completed the necessary qualifying period. The qualifying period is usually five years continuous legal residence. There is a shorter period for those retiring previously employed in Austria immediately prior to retirement.
  • The same fee applies as for an initial application (i.e. EUR 61.50 and any sighting fee levied (typically EUR 14.30)).
  • If you are applying for children, the fee is now EUR 26.30. The Ministry of Finance recently amended legislation regarding the fees that apply. Refunds can be applied for if you paid EUR 61.50 for the application for under 16s.
  • Applications to convert five year to ten year cards must be made BEFORE the five year card expires.

Source: British in Austria correspondence with BMI (May 2022) and follow-up in July 2022.

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I still haven’t received an Article 50 card. What can I do?

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. already contacted the relevant authorities in early Spring to urge them to swiftly conclude any outstanding Article 50 card applications.

For applications made 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. have requested the conclusion of procedures by 30 June 2022 (i.e. within six months of applications). Further monitoring will take place.

The Ministry has advised that a number of the delayed procedures have been due to incomplete submissions of documents. In a few cases, discretion has been exercised to allow the issuing of a 10 year card (DaueraufenthaltstitelDaueraufenthalt 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.).

We advise:

  • Contacting the authority (typically a Bezirkshauptmannschaft (Exception: Vienna: 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.)).
  • Checking your e-mail account and spam folder (we heard of cases where applications were delayed as people didn’t notice a mail)

If your procedure has not yet been concluded, please contact us, we have good links to the BMI, who are willing to assist.

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