Living And Working In Austria As A Us Citizen

Austria is a beautiful country with a diverse and vibrant culture, but what are the options for US citizens who want to live and work there? This guide will explore the possibilities, including visas, work permits, and the potential pitfalls to avoid. We will also look at the Austrian education system, healthcare, and the steps needed to integrate into Austrian life successfully.

Visa requirements for US citizens

US citizens wishing to live and work in Austria will need to apply for a visa and a residence permit. Austria has different visa requirements for various types of immigrants, including highly qualified workers, students, and financially independent persons. Here are the essential visa requirements for US citizens seeking to live and work in Austria:

Visa Options:

• Job-Seeker Visa: US citizens can apply for a Job-Seeker Visa (category D visa) if they intend to look for employment in Austria. This visa is valid for six months and requires applicants to meet specific eligibility criteria, including having a four-year degree in specific areas, work experience, language skills, and age requirements.
• Red-White-Red Card: The Red-White-Red Card is a residence and work permit for highly qualified workers. US citizens can apply for this card if they have received a concrete employment offer from an Austrian employer that matches their qualifications and provides adequate pay. The card is typically issued for a fixed term of 24 months.
• Student Visa: US citizens planning to study in Austria can apply for a student visa. This option may allow them to work remotely for a US company while residing in Austria. However, working on a student visa may carry some risks, and it is essential to carefully understand the visa regulations and potential consequences.
• Freelance Visa: Austria offers freelance visas, but they typically only allow freelancing for Austrian companies. US citizens seeking to freelance for US companies while living in Austria may need to explore other visa options or consult with an immigration lawyer.

Application Process:

• Job-Seeker Visa Application: US citizens must submit their applications for the Job-Seeker Visa in person at the competent Austrian representation (embassy or consulate) in their home country or country of residence. Required documents include a valid travel document (passport), a recent photo, proof of accommodation, health insurance, and adequate financial means. Applicants must also meet the eligibility criteria and provide relevant documents for assessment.
• Red-White-Red Card Application: US citizens can apply for the Red-White-Red Card with the competent residence authority in Austria or the Austrian representation in their home country or country of residence. The application requires a concrete employment offer, and the job must match the applicant's qualifications. Additional documents, such as an employer's declaration and proof of meeting general residence law requirements, may also be necessary.

Residence Permit:

To stay in Austria for longer than six months, US citizens will need to obtain a residence permit. All nationals of other countries, except for EU/EEA citizens and Swiss nationals, require a residence permit for extended stays. The application process for a residence permit may involve registering with the competent authority and providing necessary documentation.

Additional Considerations:

• Taxes: US citizens working remotely for US companies while living in Austria should carefully consider the tax implications. Seeking advice from a tax accountant or lawyer is essential to ensure compliance with tax regulations in both countries and avoid potential issues related to tax fraud or double taxation.
• Language: Learning German or English to at least a basic level (A1 or A2) is essential for daily life and can improve visa eligibility. Austria offers a range of institutions providing German language courses to facilitate integration.
• Healthcare: Austria has a comprehensive social insurance system that includes health insurance. Health insurance is compulsory for all employed individuals in Austria and is typically handled by the employer.

Work permits for US citizens

US citizens can visit Austria for up to 90 days without needing a visa. However, if you want to stay longer than three months, you will need to apply for a residence permit.

If you are planning to work in Austria, you will need a work permit. The type of work permit you need depends on your qualifications and the type of work you will be doing.

If you are a highly qualified worker, you can apply for a Red-White-Red card. This card is for workers in specific fields, including mathematics, informatics, natural sciences, and technology. To be eligible, you must have received a job offer from an Austrian company and meet other criteria, including language skills and minimum salary requirements.

If you do not have a job offer yet, you can apply for a six-month Job-Seeker Visa to look for work in Austria. This visa requires you to meet certain eligibility criteria and submit various documents, including a valid passport, proof of accommodation and health insurance, and proof of sufficient funds.

For US citizens planning to work remotely for a US company while living in Austria, the process is more complicated. Working on a student visa is illegal and could lead to deportation if you are caught. Additionally, Austria has strict tax laws, and working remotely could lead to tax fraud if you are not careful. It is essential to seek professional advice from an Austrian tax accountant or lawyer to ensure you are complying with all relevant laws and regulations.

Finally, if you are joining a family member who is an Austrian citizen or permanent resident, you may be eligible for a residence permit for family reasons. This permit allows you to live and work in Austria without the need for a separate work permit.

Tax implications for US citizens

As a US citizen living and working in Austria, you are required to file a US tax return and report your worldwide income to the IRS every year, regardless of where you live. This means that even if you are paying taxes in Austria, you must still file a US tax return.

The good news is that there are various exclusions and exemptions available to prevent you from paying tax on the same income twice. For example, the Foreign Earned Income Exclusion allows you to exclude the first $100,000 of foreign-earned income from US tax if you can prove that you are an Austrian resident. Additionally, the Foreign Tax Credit gives you a $1 tax credit for every dollar of tax you've paid in Austria. These exemptions can be combined if necessary.

It's important to note that the US and Austrian governments share taxpayer information, and Austrian banks pass on US account holders' account info to the IRS. Therefore, it is crucial to be accurate and comprehensive in your filings to avoid penalties for incorrect or incomplete submissions.

In addition to US tax laws, as an American expatriate in Austria, you need to be familiar with Austrian tax laws as well. Austria's tax system distinguishes between residents and non-residents, with residents taxed on their worldwide income and non-residents taxed only on their Austrian-sourced income. Determining your tax residency status is crucial as it affects your tax obligations and the amount of tax you are required to pay. Generally, you are considered a tax resident in Austria if you have a permanent home in the country or spend more than 183 days in Austria during a calendar year.

The Austrian tax year is the same as the American tax year, and tax returns are typically due by April 30 if filed on paper or by June 30 if filed online. The Austrian tax authority is the Ministry of Finance.

Austrian citizenship

Acquisition by Descent

Children born to an Austrian mother automatically become Austrian citizens at birth, regardless of whether the parents are married. If the mother is not Austrian, but the father is, and the parents are married, the child will also become an Austrian citizen at birth. If the parents are not married, the Austrian father must recognize his parenthood within eight weeks of the child's birth or have it determined by a court. In such cases, children may be awarded Austrian citizenship through a simplified procedure. If the non-Austrian parent's country of citizenship also foresees jus sanguinis (like Austria), the child will have dual citizenship. According to Austrian law, the child does not have to choose between Austrian citizenship and the other nationality upon becoming an adult, but the other state might require such a decision.

Acquisition by Award

For the acquisition of Austrian citizenship by award, general requirements for naturalization must be fulfilled, and an application must be filed. The general requirements include:

• 10 years of legal and continuous residence in Austria, with a minimum of 5 years holding a residence permit.
• No criminal record or pending criminal actions in Austria or abroad.
• No severe administrative offences.
• Sufficient financial means and secure income.
• German language proficiency and basic knowledge of Austria's democratic system, history, and fundamental principles.
• A positive attitude towards the Republic of Austria and no threat to public peace, order, and security.
• No pending residence termination or current residence prohibition.
• No return decision from another EEA country or Switzerland.
• No close relationship with extremist or terrorist groups.
• Renunciation of previous citizenship (unless an exception applies).

Acquisition by Marriage

The spouse of an Austrian national may obtain Austrian citizenship if they have been legally and continuously residing in Austria for at least six years and have been married for at least five years. The spouse must renounce their present citizenship.

Acquisition by Application

Aliens have the right to obtain Austrian citizenship if they have lived in Austria permanently for at least 30 years or at least 15 years with demonstrated successful personal and professional integration. Additionally, they must meet the following preconditions:

• At least 10 years of continuous stay in Austria, with a minimum of 5 years as a permanent resident.
• Sufficient financial means and secure income.
• Sufficient knowledge of the German language.
• A positive attitude towards the Republic of Austria.

Some aliens, such as EEA citizens, may apply for citizenship after six years of permanent residence.

Acquisition by Re-Acquisition

Former Austrian citizens who lost their citizenship before September 1, 1983, by marrying an alien may re-obtain Austrian citizenship within five years of their spouse's death or divorce. Additionally, those who were Austrian nationals for at least ten years before losing their citizenship may be eligible for a simplified re-acquisition procedure. Any foreign nationality must be given up.

Loss of Austrian Citizenship

It is important to note that acquiring a foreign nationality or voluntarily joining the armed forces of a foreign country will result in the automatic loss of Austrian citizenship. Additionally, Austrian citizenship may be revoked if naturalized citizens do not renounce their previous citizenship within two years or if their actions adversely affect the interests and reputation of the Republic of Austria.

Language acquisition

German is the official language of Austria, and while English is widely spoken, it does not hold official status. German language skills are considered the basis for successful integration into Austrian life. German proficiency is crucial for economic and social participation, and it is essential for migrants' integration into the labour market.

The Austrian Federal Government's National Action Plan for Integration (NAP) highlights the importance of language acquisition in the fields of "Language and Education." The plan emphasizes that good language skills will open up better educational perspectives and improve job prospects.

The Austrian Integration Fund (ÖIF) offers an online platform called "Sprachportal" ("Language Portal"), which provides information on certified German courses, free learning materials, online language courses, and legal information. This platform can be a valuable resource for those seeking to improve their German language skills.

Additionally, to work in Austria, non-EU citizens must meet a set of requirements, including possessing German or English language skills for elementary use of the language on a basic level (A1 level) or intensified elementary use (A2 level).

For US citizens, learning German before moving to Austria is highly recommended to facilitate social and economic integration and enhance job prospects.

Frequently asked questions