Residency and access to the labour market

I am a British citizen. Can I continue to live in Austria?

Yes, you can continue to live in Austria. To do so, you need to have applied for a so-called "Article 50 TEU" residence title by 31 December 2021. With this you can prove your continued right of residence according to the withdrawal agreement and freely enter and leave Austria.

With the residence title "Article 50 TEU" you may continue to live, work and study in Austria. It is also possible to acquire a permanent right of residence.

If you have a residence permit "Article 50 TEU" with a validity period of 5 years, you have to apply for an extension before the 5 years expire. You will not receive a reminder. Therefore, make a note of this deadline and set a reminder in your calendar.

If you have already acquired a permanent right of residence, the residence title is valid for 10 years. Then you should also apply for an extension of the residence title in 10 years. However, missing the deadline does not lead to the loss of your right of residence.

I am a British citizen. I have applied for the Article 50 residence permit but have not yet received it. What can I do now?

If you have applied for an "Article 50 TEU" residence permit before the end of 2021 but have not yet received it, please be patient. The authority will decide on your application as soon as possible. The authority must decide after six months at the latest.

The confirmation of application allows you to prove your legal residence until the residence title is issued. This also allows you to enter and leave Austria freely. Please note the regulations in force regarding the Covid-19 pandemic.

I am a British citizen. I have not yet applied for the Article 50 residence permit. What can I do now?

First of all, don't panic. Under certain conditions, you can still apply for an "Article 50 TEU" residence permit now.

Did you move to Austria as a family member after October 2021? Then please continue reading in the section on family reunification.

The Withdrawal Agreement between the EU and the United Kingdom stipulates, among other things, that even a late application for a residence title "Article 50 TEU" can be successful if there are reasonable grounds for the delay.

Reasonable grounds may exist in particular for victims of family/private violence, for (minor) applicants whose parents have not applied for them or for applicants with proven serious illnesses. The authority will carefully examine your individual situation and take into account all the circumstances you state.

As further requirements for obtaining the residence title "Article 50 TEU" you must – as before as an EU citizen – be gainfully employed or be able to afford to stay in Austria without drawing social welfare benefits for yourself and your family members and have comprehensive health insurance. As a family member of such a person, you also retain your right of residence. Persons who have already acquired a permanent right of residence may likewise apply for a residence title "Article 50 TEU".

As before, no knowledge of German is required.

In any case, please contact your competent authority as soon as possible to clarify your options.

Where can I make the application?

You must submit the application in person to the competent authority as soon as possible. The competent authority is the provincial governor (Landeshauptfrau/ Landeshauptmann), the mayor (Magistrat) or the district governor (Bezirkshauptmannschaft). Which authority is responsible depends on where you live.

Address and contact details of the authority (in German)

Due to the covid-19 situation you have to make an appointment for your application in advance with the authority. Please contact the authority responsible for you.

In Vienna you can submit applications to the Magistratsabteilung 35 (MA35). 

Further information and the appointment calendar for booking (in German)

The personal application is necessary because the authority has to check your identity and take fingerprints.

Is there an application form?

You can download the form "Antrag auf Ausstellung eines Aufenthaltstitels "Artikel 50 EUV"" (Word, 49 KB). The form is in German language. 
Guidance on how to fill it in and what to bring with you are available in German (Word, 34 KB) and English language (Word, 36 KB). If you need further assistance or have questions, please contact your local authority.

What documents do I need?

You can prepare documents that you will need in any case. This is:

  • a passport photo not older than 6 months.
  • a valid passport with your current name.
    In case of name changes, especially after marriage, partnership registration or divorce, check your passport and apply for a new one if necessary. There is no minimum period of validity of the passport for the application. However, please note the requirements when travelling.
  • reasonable grounds why you did not apply by the end of 2021. The authority will check, if it can still issue you a residence permit "Article 50 TEU" in this case.

If you have a registration certificate, certificate of permanent residence, residence card, permanent residence card or a permanent residence permit (permanent residence - EU) bring it with you as it might be of help for your application. However, you can also apply for a residence title under "Article 50 TEU" without these documents.

A more detailed list of necessary documents can be found in the information on how to fill out the application form.

Fees for the application for a residence permit "Article 50 TEU"

The application for a residence permit "Article 50 TEU" is subject to a charge of EUR 61,50 (for persons aged under 16: 26,30 Euro). The exchange of a confirmation of permanent residence (Bescheinigung des Daueraufenthaltes) or a permanent residence permit (Daueraufenthaltskarte) or a residence permit ("Daueraufenthalt-EU") for an "Article 50 TEU" residence permit is free of charge.

Family reunification: I have applied for a residence title under Article 50 TEU or I am the holder of a residence title under Article 50 TEU. Can my family move in with me after 1 January 2022?

Yes. Which family members can derive a right of residence from you and which requirements have to be met depends on whether your family members can invoke the Withdrawal Agreement or require a national residence title under the Settlement and Residence Act (NAG). Here you will find an overview of the most important provisions.

My family member is an EEA citizen or a Swiss citizen:

EEA citizens and Swiss citizens can always invoke the right of residence under EU law. You can find further information on the homepage of the Federal Ministry of the Interior.

My family member is British or another third-country national:

A prerequisite for family reunification according to the Withdrawal Agreement is that the sponsor holds a residence title "Article 50 TEU" or residence title "Article 50 TEU - Permanent Residence" or has at least applied for it in time.

Here you will find an overview of the persons who you can sponsor under the Withdrawal Agreement:

  • Spouses or registered partners where the marriage or registered partnership already existed before 31.12.2020.
  • Spouses or registered partners who were already in a long-term relationship on 31.12.2020 and entered into a marriage or registered partnership at a later date
  • Legitimate or adopted children, grandchildren, etc. up to 21 years of age
  • Legitimate or adopted children, grandchildren etc. over 21 years of age, if they are granted maintenance
  • Parents, grandparents, etc., if they are granted maintenance
  • Persons whose presence is necessary for the holder of the "Article 50 TEU" or "Article 50 TEU - permanent residence" residence permit so that the sponsor is not deprived of his or her right of residence granted under the Withdrawal Agreement;

These persons may apply for an "Article 50 TEU - Family Member" residence permit.

Life partners who have already had a long-term relationship with the holder of an "Article 50 TEU" or "Article 50 TEU - Permanent Resident" residence title on 31.12.2020 and now want to live together in Austria can apply for a "Settlement Permit" pursuant to Section 56 Settlement and Residence Act (NAG).

If you have already lived in Austria as a family member before 31 December 2020 but have not yet applied for a residence title "Article 50 TEU", please read the point "I am a British citizen. I have not yet applied for the Article 50 residence title. What can I do now?".

When and where do my family members need to apply?

Each family member - in the case of children under 14 years of age the legal representative - must submit the application in person within three months of entry into Austria at the latest. In case of birth in Austria, this counts as entry.

The competent authority is the provincial governor (Landeshauptfrau/ Landeshauptmann), the mayor (Magistrat) or the district governor (Bezirkshauptmannschaft). Which authority is responsible depends on where you live.

Address and contact details of the authority (in German)

Due to the covid-19 situation you have to make an appointment for your application in advance with the authority. Please contact the authority responsible for you.

In Vienna you can submit applications to the Magistratsabteilung 35 (MA35). 

The personal application is necessary because the authority has to check your identity and take fingerprints

Is there an application form?

You can download the form "Antrag auf Ausstellung eines Aufenthaltstitels "Artikel 50 EUV"" (Word, 49 KB). The form is in German language. 
Guidance on how to fill it in and what to bring with you are available in German (Word, 34 KB) and English language (Word, 36 KB).

Please note that you must tick "Family member" (box 31) as the reason for stay.

If you need further assistance or have questions, please contact your local authority.

What documents do I need?

You can prepare documents that you will need in any case. This is:

  • a passport photo not older than 6 months.
  • a valid passport with your current name.
    In case of name changes, especially after marriage, partnership registration or divorce, check your passport and apply for a new one if necessary. There is no minimum period of validity of the passport for the application. However, please note the requirements when travelling.
  • Proof of your family relationship.
    This is, for example, your marriage certificate or your birth certificate.

A more detailed list of necessary documents can be found in the information on how to fill out the application form.

Please note that family reunification, as “another family member” is no longer possible if he/she has not already lived in Austria prior to 31 December 2020.

My family member is British or another third-country national and cannot rely on the withdrawal agreement:

If family reunification is not possible under the Withdrawal Agreement, it may be possible under the national provisions of the Settlement and Residence Act (NAG).

Family reunification under the Settlement and Residence Act is possible for the following persons:

  • Spouses or registered partners where the marriage or registered partnership was established after 1 January 2021.
  • Spouses or registered partners of a holder of a residence title "Article 50 TEU - Family Member" or a residence title "Article 50 TEU - Permanent Residence Family Member", even if the marriage or registered partnership already existed before 31 December 2020.
  • Legitimate or adopted children up to 18 years of age for holders of a residence title "Article 50 TEU - Family Member" or a residence title "Article 50 TEU - Permanent Residence Family Member".

These persons may apply for a residence title "Red-White-Red Card plus" pursuant to section 46 para 1 subpara 2 lit e Settlement and Residence Act (NAG). You can find further information on the homepage of the Federal Ministry of the Interior.

How long can I stay abroad as a holder of a residence permit “Article 50 TEU” without losing my status?

The aim of the withdrawal agreement is to enable you to continue living in Austria. If you are absent from Austria for a longer period, you may therefore lose your right of residence (even if your residence title card is still valid).

Holders of a five-year residence title "Article 50 TEU" or "Article 50 TEU family member" may temporarily stay outside Austria for up to a total of six months or once for up to twelve consecutive months for important reasons (such as pregnancy and childbirth, serious illness, studies or vocational training or a posting to another Member State or a third country).

Holders of a permanent right of residence may stay outside of Austria for up to five years without losing their status under the Withdrawal Agreement.

If you have lost your status under the Withdrawal Agreement and still want to live in Austria, you can apply for a residence title under the Settlement and Residence Act (NAG). There are different residence titles according to the NAG. Following the link to the Migration Platform of the Austrian Federal Government you will find information on all residence titles available.

I am a British citizen. Can I continue to work in Austria?

From 1 January 2021 on UK nationals who have exercised their right to reside or to work as frontier workers in Austria (in accordance with the EU legal framework) before the end of 31 December 2020 and continue to do so thereafter thereafter, will enjoy unrestricted access to the Austrian labour market on the basis of the Withdrawal Agreement.

UK nationals covered by the Withdrawal Agreement residing in Austria have to apply for a residence title "Aufenthaltstitel Artikel 50 EUV" at the Residence and Settlement authorities until end of 2021 to secure their right of residence and unrestricted access to the labour market in Austria beyond 2021 (please see related further information under the Q&A above). 

UK frontier workers covered by the withdrawal Agreement are not entitled to a residence title "Aufenthaltstitel Artikel 50 EUV", but they may apply for  a certificate "Bestätigung gemäß § 3 Abs. 8 Ausländerbeschäftigungsgesetz für Artikel 50 EUV –Grenzgänger  und Grenzgängerinnen" at the regional office of the Austrian Public Employment Service (Arbeitsmarktservice) certifying their frontier worker status under Article 26 of the Withdrawal Agreement. 

The Employment of UK nationals not covered by the Withdrawal Agreement (UK nationals taking up employment in Austria after 31 December 2020) will be subject to the same conditions as applicable for other Third-Country-Nationals. Such UK nationals may be admitted under certain conditions e.g. via Red-White-Red card as highly qualified key personnel, skilled workers or start-up-founders or via permits for seasonal work within the quotas for tourism, agriculture and forestry. Further and more detailed information on these and other access schemes can be found on the Austrian government website here.

The EU-UK Trade and Cooperation Agreement contains facilitations for the posting of highly qualified key personnel of UK companies. For example, posting permits or work permits may be issued without a labour market test for cross-border supply of certain services by highly qualified legal advisors, taxation advisors, accountant and bookkeepers, travel agents and tour operators (including certain tour managers) up to six months within a twelve months period. Business visitors employed in senior executive positions of UK companies are not required to hold labour market authorisations to perform activities for setting up an enterprise in Austria for a duration of up to 90 days within a 180 days period. Nota bene: Notwithstanding those facilitations all other legal requirements and conditions applicable due to Austrian law or collective wage agreements, e.g. Austrian wage and working conditions including social insurance rules as well as visa rules also need to be complied with.

For holders of a legitimation card ('Legitimationskarte')

A holder of a legitimation card can, referencing to the Withdrawal Agreement, apply for a residence permit. The application is possible from 1 January 2021 until 31 December 2021.

I am a British citizen. What will happen if I change employment and consequently lose my legitimation card after Brexit?

You can apply for a residence permit “Article 50 TEU”. In doing so your residence is ensured even in case of job change or loss of card.