I am a British national living in Austria. I am planning to travel outside Austria after UK's withdrawal date from the European Union. What do I need to take into account?
In the event of a no-deal Brexit, British nationals living in Austria would lose their right of residence under EU law. In this scenario, a special legal regulation will enable British nationals and their third-country family members in Austria to obtain a residence permit under the Settlement and Residence Act (Niederlassungs- und Aufenthaltsgesetz) with free access to the labour market under simplified conditions. See "Residency and access to the labour market".
If you are planning to travel after Brexit and before your residence permit is issued, you should apply for the residence permit before you travel. When applying for the residence permit the competent authority can issue a confirmation about the fact that an application has been submitted and that the applicant continues to be legally resident.
This confirmation also allows re-entry into Austria. Austria has notified this confirmation to all other Schengen countries, so that travel via another Schengen country to Austria or travel in another Schengen country (for up to 90/180 days for tourism purposes) is also possible.
I am a British national living in Austria. I am planning to travel outside Austria before UK’s withdrawal date from the European Union and I will be returning to Austria after that date. What do I have to take into account?
If you are travelling outside Austria before Brexit and returning after, you must bring credible evidence of your residence status when re-entering Austria. This could be residence documentation such as an Anmeldebescheinigung, Meldebestätigung (Meldezettel), or other relevant documentation such as a Studienbescheinigung, work contract or other relevant document. As those means of proving residence will only apply for exceptional cases (i.e. when a person has genuinely been unable to apply for new residence documentation prior to travel) for a limited period of time, the Austrian government strongly suggests that you start your application for a new residency document as soon as you have the opportunity to do so.
I am a non-EU citizen, whose family member is a UK national, who is travelling to Austria for touristic, business as well as visit purposes. What do I have to consider in the case of a no-deal Brexit in order to continue to be able to travel to Austria?
In the case of a no-deal Brexit important changes apply.
In that case, the general entry regulations for third-country nationals apply to family members of UK citizens. After withdrawal date, the facilitations for family members of UK nationals, according to the Free Movement Directive 2004/38/EC, will no longer apply. Please inform yourself on time before the date of withdrawal about the regulations valid after that.
Visas issued before withdrawal date to family members of a UK national in accordance with Directive 2004/38/EC will, in principle, remain valid until the end of its limitation also after the withdrawal of the UK. However, it has to be considered, that, while the visa itself will remain valid, after withdrawal date, third-country nationals may be requested to present additional supporting documents at the border to prove that they fulfil the general entry conditions (inter alia proof of accommodation, means of subsistence for the period after withdrawal, return tickets). If these fulfilments cannot be proven, entry will be refused and the visa revoked.
For stays in Austria, which last until after withdrawal date, the visa applicant, when applying for a visa, has to submit proof that he/she will fulfil the entry conditions applicable to third-country nationals for the period after withdrawal date. For a visa issued to non-EU family members of UK nationals before withdrawal date, the visa fee will be waived.
For the issuance of a Schengen visa, for which an application is possible after withdrawal date, the following requirements have to be fulfilled by the applicant:
- Fulfilment of the general entry requirements,
- Credibility and transparency of the travel purpose to Austria,
- Proof of sufficient financial means for living expenses for the duration of the planned stay and the return to the country of origin or residence,
- Willingness of the holder of the visa to leave the Schengen Area prior to the expiration of the validity of the visa,
- Submission of a travel medical insurance with a coverage of liability of at least 30.000 Euro and which is valid for the entire Schengen Area and throughout the whole duration of stay.
Detailed information for the application procedure is available on the website of the Austrian Embassy London.
In the case of non-compliance with the visa requirements, a visa cannot be issued.