Residency and access to the labour market
I am a British citizen. Can I continue to live in Austria?
Yes, you will be able to continue living here. The Withdrawal Agreement between the EU and the United Kingdom regulates, inter alia, the continued right of residence of British nationals residing in Austria and members of their families. A regulation of the Federal Minister of the Interior for implementing the Withdrawal Agreement as regards the right of residence supplements the rules of the Withdrawal Agreement.
The Withdrawal Agreement and the regulation provide for residence rights as follows:
From 1 January 2021 onwards, it will be necessary to apply for a residence permit "Article 50 TEU" as a British citizen or as a (third-country) family member. The requirements for obtaining the residence permit are laid down in the Withdrawal Agreement: You must be employed or be able to afford your stay in Austria without receiving social welfare benefits for yourself and your family members and have comprehensive health insurance (just as you had to before the UK left the European Union). As a family member of such a person, you also retain your right of residence. The same applies if you have already acquired a permanent right of residence.
German language skills will not be necessary for a continued legal stay.
Applications can be submitted from 1 January 2021 for 12 months until the end of December 2021. It is therefore not necessary to submit an application at the beginning of the year. There is sufficient time for it.
You will receive a residence permit "Article 50 TEU" in credit card format. This is valid for 5 years. If you have already acquired a permanent right of residence, the residence title is valid for 10 years. The residence permit serves as prove of your further right of residence under the Withdrawal Agreement and allows you to enter and leave Austria freely. 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.
Where can I make the application?
You must submit the application in person to the competent authority. This is the provincial governor (Landeshauptfrau/ Landeshauptmann), the mayor (Magistrat) or the district governor (Bezirkshauptmannschaft). Which authority is responsible depends on where you live.
Many authorities require you to make an appointment beforehand. Please contact the authority to find out when it will be possible to make an appointment.
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. Applications can be submitted from 1 January 2021 until 31 December 2021.
Will there be 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.
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.
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, provisionally applicable as from 1 January 2021 on, 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.
I am a British citizen working as a skiing instructor in Austria from December 2020 to the end of March 2021. Do I need a visa and/or work permit from 1 January 2021?
British nationals employed in Austria on a short-term basis at the end of 2020 (for example Seasonal Workers) retain the right to work for the same employer without labour market authorisation/work permit until the end of the employment relationship in Austria. A visa-free stay during the employment relationship is possible for a maximum period of 90 days within a period of 180 days. For longer stays, a visa, which can only be applied for at an Austrian representation outside of Austria, is required.
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.
Further questions regarding legitimation cards
The British Embassy in Vienna is in close contact with the Ministry for European and Affairs. Please direct further inquiries via email to firstname.lastname@example.org with the word 'Legitimationskarten' in the subject line. Those questions will be passed onto the responsible Austrian authority who will answer them directly.