Which residence permits are subject to quotas?
An amendment to the “Niederlassungsverordnung” (Settlement Regulation) around the start of the year contains an list of the number of residence permits with quotas. It may appear in the Federal Law Gazette at the end of the previous year, or at the start of the current year. Anyone wanting to apply for quota-limited residence permits should seek professional assistance.
In 2023, the total amount of available residence permits subject to quotas is 5,951 (c.f. 6,020 in 2022). This consists of:
- 5,130 residence permits for family reunification of third-country nationals;
- 440 residence permits for so-called “privateers”,
- 89 residence permits for the mobility case under European law of third-country nationals with a non-Austrian residence permit Long Term Resident -EU
- 292 Residence permit for the purpose change from the residence title “Settlement permit – relative” to the residence title “Red-White-Red – Card plus”.
The quotas are province-specific and issued on a first come, first served basis at the beginning of the year. Every year has a new quota.
This is for the purposes of family re-unification of Third Country Nationals. Applicants require a sponsor who already has an Austrian residency permit such as an RWR, Long Term Residence-EU, RWR plus, someone granted asylum, or who has something like a Settlement permit.
The “privateer” category is also referred to as Settlement Permit Gainful Employment Excepted and is the category that is very popular with those wanting to retire to Austria (no working allowed).
The Settlement Permit Gainful Employment Excepted, is the most oversubscribed type of permit, especially in Vienna. Anyone wanting to apply for this should either consider another province in Austria outside of Vienna and/or talk to an expert who may be able to provide specialist advice. You will need to plan this well in advance and be ready to apply as soon as permits numbers are published.
This permit does have minimum income requirements and proof of A1 German language skills is required.
The graph below illustrates the provincial quotas for 2023:
Long Term Resident EU
Holders of a Long-Term Resident EU permit from another EU country (non-Austrian) and their family members may use their non-Austrian residency permit to help facilitate a move to Austria. The Austrian equivalent of this is the “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” residency permit.
The non-Austrian residency permit will help with obtaining one of the following residency permits:
- Niederlassungsbewilligung – Settlement permit for self-employed activities only.
- Settlement permits without gainful employment.
- RWR Residency permit, provided they fulfil the standard criteria (e.g. Employer).
You will NOT be issued with an Austrian “Daueraufenthalt – EU.
Change of Permit type
Holders of the ‘settlement permit – relatives’ are able to change permit type to a residence title ‘Red-White-Red – Card plus’. Life partners or extended familyextended family Family members that are not vertically related to you or your spouse/registered partner. eg Your or your partner's children, grandchildren, parents, grandparents. Unmarried couples that are not registered but in a "durable relationship" are "extended family". The Withdrawal Agreement states that Austria must "facilitate entry and residence for that partner under national law". This is obviously more stringent that the WA conditions, so we advise to get your partnership at least registered in Austria before 2021. members of an Austrian national may obtain a ‘Settlement permit – relatives’, although it does not allow them to work. The ‘Red-White-Red – Card plus’ will allow them to work
- Niederlassungsverordnung 2023
- Welcome/Advice Services
- Settlement permit except gainful employment (bmi.gv.at)
- Europa Long Term Resident EU