Many British citizens originally moved to Austria for employment reasons, whether for Austrian companies, Austrian subsidiaries of foreign companies, international organisations and academic institutions. These FAQs are intended to help provide information about issues surrounding work and qualifications. In addition to those working in Austria, some may work across Austria’s EU borders (in Germany, Czechia, Slovakia, Hungary, Slovenia or Italy) and EEA borders (in Switzerland or Liechtenstein).
I’ve always had a job here but now I’ve lost it due to the COVID-19 situation. How does this affect me regarding the application 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.?
- If you have the 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. then there is no problem – there is no income requirement.
- If you only have the AnmeldebescheinigungAnmeldebescheinigung Every EU citizen who intends to stay longer than 3 months, must apply for the Anmeldebescheinigung within 4 months of first arrival in Austria. This is essentially a snap-shot of your status at that time, and confirms you have fulfilled the conditions to stay in Austria for longer.
Your residence is still subject to certain rules. then:
- You may wish to strategically choose a time to apply when you or a family member do have a job, hoping that the labour market situation will improve during 2021. See next point.
- If one family member has a job (employed or self-employed; “real and genuine work”) for a minimum of 5.5 hours/week then there is no income requirement and you will all be able to obtain your Article 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. cards. See Current freedom of movement rules below (#29).
- Again, it was stressed in teh British Embassy meeting in October 2020 that this might seem harsh, but this is simply applying EU freedom of movement rules – it would also be the case without Brexit.
- A strategic application (timed to coincide with a period of work) when a person has found a job again, can help to speed up the process (as it is much easier for the authorities to prove entitlement to remain if somebody is currently employed).
What is nostrification?
Nostrification (Nostrifizierung) is the accreditation process of deeming a foreign degree to be equivalent to an Austrian one. This not only includes checking that your concluding your course ties in with completing an Austrian degree course, but also relates to the rights and obligations arising from holding a specific course of studies or a degree (e.g. the right to use your academic title or an authorisation to practice in certain jobs).
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.
Do I need to change/update my proof of residence if my employment/educational circumstances change?
§51 (2) of the Settlement and Residence Act (NAGNiederlassungs- und Aufenthaltsgesetz The Niederlassungs- und Aufenthaltsgesetz (Residency and Settlement Act) is the Austrian law governing residency for foreign citizens in Austria.; Niederlassungs- und AufenthaltsgesetzNiederlassungs- und Aufenthaltsgesetz The Niederlassungs- und Aufenthaltsgesetz (Residency and Settlement Act) is the Austrian law governing residency for foreign citizens in Austria.) covers the situation of retaining a right to remain for citizens of EEA signatory states in the event that their lose their job, so that if you obtain your AnmeldebescheinigungAnmeldebescheinigung Every EU citizen who intends to stay longer than 3 months, must apply for the Anmeldebescheinigung within 4 months of first arrival in Austria. This is essentially a snap-shot of your status at that time, and confirms you have fulfilled the conditions to stay in Austria for longer. Your residence is still subject to certain rules. as an employee or self-employed that you remain “erwerbstätig” (i.e. having employed status) under certain circumstances:
- Due to incapacitation due to an accident or illness
- Due to being laid off (your employment terminated) after being employed for over one year (provided that you sign on with the unemployment office (AMS)
- You commence vocational training related to the previously held position.
Note: for employment relationships of under one year but over six months, a shorter employment relationship (of at least 6 months) will be considered on a pro rata basis.
If this occurs, you should inform the AMS as well as also the residency authorities (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. (Vienna)) as soon as possible after the change in circumstances.
If you change from being employed to studying full-time (and have the means to support yourself and the necessary health insurance coverage), you are deemed to be changing from one eligible group to another one, you should inform the residency authorities of this. This would ensure that there are no doubts that your right to remain in Austria was legal both at the point of your receiving your Anmeldebescheinigung as well as currently following changes in personal circumstances, in say the event of applying for a “Bescheinigung des Daueraufenthaltes” (you would probably be asked to prove your student status as well as your situation in terms of finances and insurance coverage).
Thanks to staff from Vienna Business Agency’s Expat Center for their assistance in providing this answer.
I am a lawyer and Austrian law does not permit me to practice law as a third country national. What should I do?
Amendments of the Rechtsanwaltsordnung and the EIRAG (the law that allows “passporting” of lawyers) are currently in public consultation. The main thing to do at this time is to check that you are entered into the Liste der Rechtsanwälte or Liste der Rechtsänwaltsanwärter through your local Rechtanwaltskammer. Subject to a trade deal being signed between the UK and the EU, British citizens will remain equivalent for the purposes of these laws.