Article 50 Permanent Residency vs Long Term Resident EU

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Recently there has been some confusion between 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   Permanent Resident rights and the Long-Term Resident – EU rights, hopefully this article will clear up some of the confusion as they are different.

Withdrawal Agreement

The Withdrawal Agreement (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  ) permanent residence permits/rights are only available to British Nationals and their family members who were legally resident in the EU before 1st January 2021. Reciprocal Withdrawal Agreement rights also apply to EU nationals in the UK (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.). Rights are defined in the Withdrawal Agreement at an EU-UK level.

Long Term Resident EU

The Long-Term Resident EU (LTR-EU) permits/rights are available to qualifying Third Country Nationals (now includes British Nationals) who have been resident in the EU (excluding Ireland and Denmark) for more than 5 continuous years. Rights are defined in  Directive (2003/109/EC) on the status of non-EU nationals who are long-term residents and subsequent amendments at an EU level.

Permits in Austria

In Austria, the Withdrawal Agreement Permanent Resident Permit is called “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” (sometimes referred to as 10 year Article 50 card or BREXIT Daueraufenthaltsrecht) and the Long-Term Resident EU (LTR-EU) is called “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”.

For Article 50 holders in Austria, you qualified for the “Artikel 50 EUV Daueraufenthaltsrecht” if you previously held 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) before 1st January 2021 or have maintained 5 continuous years residence in Austria. As at November 2023, there were around 5 thousand holders of Artikel 50 EUV Daueraufenthaltsrecht and around 600+ family members holding the family version (source BMI)

As at November 2023 there were nearly 333 thousand holders of the “Daueraufenthalt – EU” in Austria; considerably more than the Article 50 permit holders. (source BMI).

Note: There are other permanent residence permits in Austria such as the Daueraufenthaltskarte (family member of EU national, but they have different rights).

Differences

The table below illustrates some of the key differences between the two permanent residence permits covered in this article as they relate to Austria:

AreaWA PermanentLTR-EU
Qualifying CriteriaBritish Nationals and their Family members who have been legally resident in Austria for more than 5 continuous years AND were resident before 1st January 2021 (or are a family member of one)All Third Country Nationals who have been Legally resident in Austria for more than 5 continuous years (some years with an EU blue in another EU country may count) AND have completed Module 2 of the Integration Agreement. Years as a student may only count as 50%.
Language RequirementsNoneB1 German and completion of Module 2 of the Integration Agreement.
Absence RulesMax 5 Years continuous absence – Ref Article 15(3) WAMax 12 months continuous absence outside 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. (excludes Switzerland), 24 months for exceptional circumstances – Ref § 20 (4) NAGNiederlassungs- und Aufenthaltsgesetz The Niederlassungs- und Aufenthaltsgesetz (Residency and Settlement Act) is the Austrian law governing residency for foreign citizens in Austria.. It becomes invalid after 6 years of being non-resident in Austria (ref bmi).
EU MobilityNone with the exception of holders of a Withdrawal Agreement 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". Permit.Limited EU Mobility for workers, self Employed and students (excludes Denmark and Ireland). However, national rules still apply when you move EU Countries and you still need to apply for another residence permit.
Amendments & ImprovementsNone plannedChanges currently going through the EU parliament
Equal Treatment RightsWithin the Scope of the WA, but not very well publicised in AustriaWithin the scope of the directive, but are probably better publicised in Austria compared to the Article 50 card. This can also include reduced University fees in some EU countries outside the host state (e.g. Netherlands)
Renewal PeriodEvery 10 yearsEvery 5 years

Applications in Austria

Article 50 holders in Austria can apply for the Long-Term Resident EU permit in Austria in addition to the Article 50 Residence permit. The key advantage is that it may provide greater EU mobility rights AND the EU is looking at extending the rights, but note the Integration requirements (e.g. German language requirements).

British nationals who arrive in Austria from 1st January 2021, can only apply for the Long-Term Resident EU once they have had 5 years continuous residence AND meet the criteria. Article 50 cards are no longer available (except in limited family-reunification cases and newborns).

Mobility from Other EU States

British Nationals who only hold Withdrawal Agreement rights from other EU States have NO mobility rights to Austria and will need to apply for one of the standard residence permits as per any other 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..

Holders of a Long-Term Resident EU permit from another EU state can move to Austria and apply for one of the following permits:

  1. Niederlassungsbewilligung – Settlement permit for self-employed activities only (quota)
  2. Settlement permits without gainful employment (quota)
  3. RWR Residency permit (or EU Blue), provided they fulfil the standard criteria (e.g. Employer).

See the Working in Austria site for further details (link below). There will be different rules for family members.

Currently different EU States have different national rules regarding this onward mobility element, but in general it is NOT a like for like exchange programme. You can’t exchange one LTR-EU permit from one EU Country for another; you still need to apply for a National residence permit.

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