Working in Austria

One of people’s biggest concerns about living in Austria is naturally about employment – from finding jobs through to employee rights. We have started to collate questions about employment-related issues. We also have a separate set of FAQs on Working and Professional Qualifications.

FAQs

What is a regulated profession?

A regulated profession is one where a qualification or certificate of proficiency is required. These include e.g.: health professionals, architects, lawyers, doctors, or any of those professions performed on a commercial basis.

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How many hours are there in the full-time working week?

Normalarbeitszeit is fixed as 40 hours per week (i.e. 5 x 8 hours). However, many collective wage agreements are based on a 38.5 hour working week (especially in metal processing industries).

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I live in a neighbouring EU country and commute to Austria for work, what will I have to do?

British citizens holding permanent residence in a neighbouring country and working in Austria, commuting on a daily/weekly basis, in particular on cross-border contracts already classed as EU cross-border commuters, will continue to be recognised as such and won’t need work permits to continue this arrangement after 31 December 2020 as UK cross-border or “frontier” workers covered by 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  . However they will not be entitled to an Aufenthaltstitel Art 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., but may apply for a certificate “Bestätigung gemäß § 3 Absatz 8 Ausländerbeschäftigungsgesetz für “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.GrenzgängerFrontier 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". und Grenzgängerinnen” at the regional office of the Austrian Public Employment ServiceArbeitsmarktservice The Austrian Public Employment Service (AMS) is Austria’s leading provider of labour-market related services, and matches candidates with job openings and assists jobseekers and companies by providing advice, information, qualification opportunities and financial assistance. (AMSArbeitsmarktservice The Austrian Public Employment Service (AMS) is Austria’s leading provider of labour-market related services, and matches candidates with job openings and assists jobseekers and companies by providing advice, information, qualification opportunities and financial assistance.; ArbeitsmarktserviceArbeitsmarktservice The Austrian Public Employment Service (AMS) is Austria’s leading provider of labour-market related services, and matches candidates with job openings and assists jobseekers and companies by providing advice, information, qualification opportunities and financial assistance.), certifying their 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". status under Article 26 of the Withdrawal Agreement.

Further information: https://www.bundeskanzleramt.gv.at/en/topics/brexit/residency-and-access-to-the-labour-market.html

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Do I need to nostrify / convert UK degrees and/or professional qualifications?

The recognition of academic degrees is not affected by the UK leaving the EU.
If you didn’t apply before the end of 2020 for recognition of any professional qualifications in regulated professions (such as teaching, law, nursing, etc), it is probably too late.

Further information: https://www.bundeskanzleramt.gv.at/en/topics/brexit/education-studying-youth-mobility-and-research.html

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What is the minimum number of employment hours required for the Article 50 EUV card?

There is no published minimum income or number of hours. When applying for the Article 50 EUV cardAufenthaltstitel "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., you will need to provide evidence of your personal situation (as a worker, student, self-sufficient person, British family member or British spouse of an Austrian national) as well as proof of comprehensive health insurance. As a guidleline, 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. assured us that a minimum of around 5 1/2 hours per week would be enough. This is not set in stone and cases that are borderline will also be considered

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Can short-term employment contracts be used as proof for Art 50 EUV card applications?

This issue has been passed on to the Austrian authorities for further clarification. (Update 30.12.2020 – no response received)

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I’ve been in Vienna for 4 years, studying and working, will I be able to get an Art 50 EUV card?

If you have been living in Austria for less than 5 years, you will be eligible for an Art 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. card, with 5 years’ validity. You’ll have to provide evidence about your personal situation (as a worker, student, self-sufficient person, British family member or British spouse of an Austrian national) and proof of comprehensive health insurance. After you have been here for more than 5 five years, you may be eligible for long-term/permanent residency status, and time spent studying here would count.

There is further information in the Austrian government’s Brexit FAQs at: https://www.bundeskanzleramt.gv.at/en/topics/brexit/residency-and-access-to-the-labour-market.html

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Can returning seasonal workers access hardship funds or unemployment money from Austria?

Having worked in the resort until lockdown in March and returning in October to self-isolate in time for the anticipated resort opening, my job fell through and they will probably have to lay me and others off until the New Year. Can I work from January onwards? (ie. after the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government.) Am I able to get any unemployment money or access any hardship funds?

Eligibility for benefits in Austria is tied to contributions to the Austrian social security system. Further information can be found at: https://ec.europa.eu/social/main.jsp?catId=1101&langId=en&intPageId=4410

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I want to come to Austria for seasonal work after 31.12.2020: Do I need a work permit?

As you weren’t resident in Austria on 31.12.2020 you will be considered a 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. (3CN3rd 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.). Each EU Member State has its own conditions to allow 3CNs3rd 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. to live and work in their country. Austria is no exception. They are free to set quotas and conditions for different jobs in different areas as they wish. Before Brexit, Britons enjoyed a priority equal to that of Austrians when looking for work. Now we come after Austrians, other EU citizens and other 3CNs who are already resident and integrated in Austria, so, we’re nearly the bottom of the list.

To be honest it’s a bit of a minefield, and you really need to get professional advice. But one thing is certain, you will need some sort of visa. You will not be able to come here as a tourist and just start working as you were able to do before Brexit.

  • Your future employer must apply for you and you must have the permit before you arrive in Austria.
  • You will not be given a permit while you are on a holiday visit to Austria. So you can’t come skiing, and then accept a job in a bar or as a snowboard instructor to tide you over. (not legally anyway)

You will need 2 things get them in this order:

  1. A seasonal quota permit from Austria. Your employer must apply to the relevant regional AMSArbeitsmarktservice The Austrian Public Employment Service (AMS) is Austria’s leading provider of labour-market related services, and matches candidates with job openings and assists jobseekers and companies by providing advice, information, qualification opportunities and financial assistance. for a quota permit for you as a seasonal worker, and is likely to cost around €60 in various fees. The AMS will conduct a number of checks and the permit will be granted if:
    • There is no Austrian/EU/other integrated worker who can be placed to do the job.
    • If a quota is still open,
    • Your employer adheres to various working and salary conditions,
    • your employer can show there is accommodation available locally for the whole length of your contract.
  2. A Schengen visa, issued by Austria. You must apply for this yourself at the Austrian Embassy or Consulate in the UK. There are two types of visa relevant for seasonal workers, category C and category D. The visa will be issued if:
    • you fulfil the general visa requirements and
    • you have the valid employment permit from point 1 above.

As you can see, your future employer is key to getting a job, as they have to do all the hard work first with no guarantee of success.

  • The quota permit is usually only valid for 6 months. Under quota permits you are only allowed to work for a maximum of 9 months in a 12 month period. So check your times if you want to work here in the Winter and in the Summer months.
  • Your permit may be renewed under certain circumstances, but your employer must do that for you.
  • If you intend to stay in the Schengen areaSchengen Area The Schengen Area is European border control-free travel area, consisting of all EU Member States except for Bulgaria, Croatia, Cyprus, Ireland and Romania, as well as Iceland, Norway, Switzerland and Liechtenstein. (including Austria) for more than 90 days, or you have a work permit for more than 90 days, you must apply for a category D visa.
  • If your visa runs out while you are still working, you can apply for an extension at the local police headquarters (LPD, BH) or Magistrat.
  • Category C visa: Normally costs €60 and is for 90 days, and allows you entry for employment (British citizens are allowed to travel for non-working visits within Schengen for 90 in 180 days without a visa)
  • Category D visa: Costs €100 and is for working stays of over 90 days

Other conditions for a visa.

You will also need:

  • fully comprehensive heath insurance (minimum of €30,000 cover),
  • proof that you will return home, such as a return air, or ferry ticket
  • Your passport must be less than 10 years old, must be valid for 3 months longer than your visa is valid, and must have at least 2 empty pages for entry/exit stamps etc.

Austrian government webpage for seasonal workers: https://www.migration.gv.at/en/types-of-immigration/fixed-term-employment/seasonal-workers/ (in English)

Austrian Visa conditions, government web page (German only)

The AMS page for seasonal workers, for your boss: https://www.ams.at/unternehmen/service-zur-personalsuche/beschaeftigung-auslaendischer-arbeitskraefte/beschaeftigung-auslaendischer-saison-arbeitskraefte

If you are a performer, artist or doing temporary or short-term work in the EU, there is a great resource, UKArtsWork.Info compiled by Ian Smith.

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What will the “Art 50 EUV” residency title allow me to do? What will I be able to do in the future?

The “Art 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.” residency title authorises you to stay and work in Austria. It will allow you, for example to change from working as an employee in fixed employment to being self-employed or vice versa.

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Will the “Art 50 EUV” allow me to enter Schengen countries, and to return to Austria without any difficulty?

Yes, third country nationals who hold a residency permit issued by an Austrian authority that is competent for settlement and residence will be able to spend up 90 days within a 180 day period in the territory of other Schengen countriesSchengen Area The Schengen Area is European border control-free travel area, consisting of all EU Member States except for Bulgaria, Croatia, Cyprus, Ireland and Romania, as well as Iceland, Norway, Switzerland and Liechtenstein., while their residency permit is valid. You will be required to have a valid passport, and you will only be allowed to visit other countries for leisure/tourist purposes. Prior to commencing your journey to the destination country, please check what conditions apply if you are travelling for work.

When you apply for the “Art 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.” card, you will receive a confirmation that you have applied. This confirmation (carried with a valid passport will allow you to leave and (re)enter Austria again.

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I am currently employed on a short-term contract ending soon? Can I apply for my Art 50 EUV card?

Original question to Embassy Q&A in November 2020 – response January 2021. “Can a contract as proof of employment be accepted when applying for the Aufenthaltstitel Art 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. card even where the contract is issued with an end date only a short time in the future?”

A temporary contract is proof of being employed (right now). However the authority has to take into account the future situation of the applicant to an extent. If this is a person who has been living in Austria for a while and has always held temporary jobs, that should not be a concern. On the other hand, if a person moved to Austria only recently and has only worked for a short time (eg a few months) and no further contracts for employment yet, that person will most likely have to show sufficient income and comprehensive health insurance. It really depends on the individual circumstances, which will be taken into account by the offices. The best advice in this situation is still to apply once the person has a job/binding job offer as that makes the process much easier for all concerned. Application is possible until the end of 2021.

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What should frontier workers living in Austria working in Liechtenstein bear in mind?

British citizens working for companies in Liechtenstein who are resident in Austria should bear the following in mind:

Prior to the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government., British citizens working in Liechtenstein residing in Austria were required to hold a GrenzgängermeldebestätigungGrenzgängermeldebestätigung The Grenzgängermeldebestätigung (GMB) is a permit for work issued by the authorities in Liechtenstein for EEA citizens resident in the EEA or Switzerland. There is no quota system for it. (GMBGrenzgängermeldebestätigung The Grenzgängermeldebestätigung (GMB) is a permit for work issued by the authorities in Liechtenstein for EEA citizens resident in the EEA or Switzerland. There is no quota system for it.) that were issued by the authorities in Liechtenstein for EEA citizens resident in the EEA or Switzerland. Such GMB cards can be continued to be held for as long as they remain in their current job, or where there is a move between jobs and employers without a break within Liechtenstein.

In the event of there being a break between jobs, then British citizens would revert to 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. (3CN3rd 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.) status and as a result of the loss of freedom of movement would be required to apply for a Grenzgängerbewilligung (G), which is available to non-EEA or non-Swiss citizens resident in the EEA (e.g. Austria) or Switzerland. There is no quota system in place for the GMB, whereas quotas applied for the G.

Any British Citizen moving to Austria now would have to apply for a residency visa as they would not be within the scope 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  , as well as then also having to apply for a 3CN work visa to be able to work in Liechtenstein.

Further information can be obtained from the Ausländer- und Passamt of the Liechtensteinische Landesverwaltung.

Ausländer- und Passamt (APA)
Städtle 38, FL-9490 Vaduz
Tel: +423 236 61 41
http://www.apa.llv.li

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