A frequently asked question is when can someone apply for the 10-year Article 50 card (Permanent Residence).
After 5 years of continuous legal residence in Austria, you can apply. Time before and after the issue date of the card count. Please do NOT wait until the expiry date (probably 2026) of the residence permit; although you can apply afterwards without losing your rights.
Complete the 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. (BREXIT) forms, similar to the ones you did for the initial Article 50 application. Ensure you tick box 35 on the forms which is labelled “Inhaber eines Daueraufenthaltsrechts” or “Holder of a permanent right of residence”
Applications are made at the usual place for residence permit applications (Bezirkshauptmannschaft) and for Vienna, please go to Referate 5.0 or 5.1 (See this changes article).
There are NO German language requirements for the Article 50 cards and just like the original application, you need a valid UK passport which is no more than 10 years old from the date of issue.
Note: Each family member’s circumstance is evaluated independently (ie you all don’t get automatically upgraded)
Possible Issues
It is possible that the Beamte in the Bezirkshauptmannschaft (or 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.) 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.
Confirmation you can apply early (as soon as you qualify) is available on the official Austrian Government websites; under the “Verlängerung” section on the BMI website in German and under the “Extension” section on the BMI website in English.
If the officials refuse to check the rules, please contact the British Embassy Citizens Rights Team. You can also contact us via our Facebook site or 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 especially if you have 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. Personal circumstances will be evaluated!
Can my 5-year Article 50 card get cancelled?
Absences from Austria for more than the permitted amount – 6 months per year or a single absence of 12 consecutive months for an exceptional circumstance such as pregnancy, childbirth, serious illness, study or vocational training, or a posting abroad (please note that the list of important reasons is not exhaustive) may result in the cancellation of the Article 50 card. Please see the EU Commission Guidance on the Citizens’ rights page for further information.
If the Article 50 card is cancelled, you will need to apply for another Austrian residence permit which will have more restrictions (e.g. single employer) or leave Austria.
Note: You should inform the Austrian authorities if you have exceeded the permitted absence.
Useful Links
- Key differences between the 10 year and 5-year cards
- BMI Residence Permit Application forms (EN)
- BMI Residence Permit Application forms (DE)