Understanding Third-Country Nationals: Austrian Residence Permits Explained

what is a third country national for austrian residence permit

Third-country nationals, or persons who are not EEA citizens or Swiss nationals, need a residence permit to stay in Austria for more than six months. There are several types of residence permits available, including the Red-White-Red Card, the EU Blue Card, and the Settlement Permit. The type of permit required depends on various factors, such as the purpose and duration of the stay, as well as the applicant's qualifications and income. Third-country nationals may also need to provide evidence of German language proficiency at the A1 level and must have health insurance coverage for their stay in Austria.

Characteristics Values
Definition Third-country nationals are persons who are not EEA citizens or Swiss nationals.
Visa Requirements Third-country nationals do not need a visa for stays in Austria up to six months. For stays up to 90 days within 180 days, some third-country nationals may not need a visa depending on their citizenship.
Residence Permit Requirements Third-country nationals need a residence permit if they plan to stay in Austria for more than six months. The type of residence permit depends on criteria such as the purpose and duration of the stay.
Red-White-Red Card Required for qualified workers who are third-country nationals seeking to live and work in Austria. It is issued for 24 months and allows fixed-term settlement and employment specified in the application. Family members can apply for the Red-White-Red Card plus.
Blue Card EU Requires a minimum salary and is issued for two years unless the holder's employment contract is shorter.
Researcher's Residence Permit Issued to researchers normally resident in another EU state for the duration of their research activities in Austria or until the expiry of their residence permit in the other EU state.
Settlement Permit Granted to life partners and relatives of Austrian citizens or third-country nationals with specific qualifications or permissions.
Language Requirements Third-country nationals must provide evidence of basic German language skills at the A1 level when first applying for a residence title.
Application Process First applications for a residence title should be filed with the competent Austrian consular representation (embassy or consulate) abroad. Certain groups, such as those within six months of losing their Austrian, Swiss, or EEA citizenship, can file applications in Austria.

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Third-country nationals need a residence permit for stays in Austria over six months

Third-country nationals, or persons who are not EEA citizens or Swiss nationals, need a residence permit for stays in Austria over six months. There are several types of residence permits available, each with its own specific requirements and criteria. The type of permit required depends on factors such as the purpose and duration of the stay, as well as the applicant's qualifications and occupation.

For instance, the Red-White-Red Card is suitable for qualified workers or citizens of third countries who want to live and work in Austria. This card is issued for a period of 24 months and allows the holder to settle and work for a specified employer. The EU Blue Card, on the other hand, is intended for highly qualified individuals with a job offer that meets a certain minimum salary. The "Researcher's Residence Permit – Mobility" is another option, designed for researchers usually resident in another EU member state, allowing them to conduct research in Austria until the expiry of their residence permit in their home country.

Additionally, family members of third-country nationals holding specific permits can apply for the Red-White-Red Card plus. This includes spouses or registered partners, as well as children, of individuals with permits like the Red-White-Red Card, EU Blue Card, or "Settlement Permit – Relative". Austria also offers settlement permits for life partners, relatives, and spouses or registered partners of Austrian citizens or those with specific residence permits.

It is important to note that third-country nationals must provide evidence of German language skills at the A1 level when first applying for a residence title. They may also need to meet general requirements, such as having a regular monthly income and providing evidence of suitable accommodation. The application process typically begins with the competent Austrian consular representation in the applicant's country of domicile.

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The type of residence permit depends on the purpose and duration of your stay

If you are a third-country national—that is, a person who is not an EEA citizen or Swiss national—you will need a residence permit to stay in Austria for more than six months. There are several types of residence permits, each depending on the purpose and duration of your stay.

If you are a qualified worker or citizen of a third country seeking to live and work in Austria, you will need a Red-White-Red Card. This card is issued for a period of 24 months and entitles you to fixed-term settlement and employment by the employer specified in your application. If you are a self-employed key worker, you will need the Red-White-Red Card plus. This is also the case if you are a spouse or registered partner of a third-country national who holds a Red-White-Red Card, or if you are the child of such a person.

If you are a highly qualified worker with a job offer that meets a certain minimum salary, you will need an EU Blue Card. This card is also issued for a period of two years, unless the holder's contract of employment is valid for a shorter period of time.

If you are a researcher normally resident in another EU member state, you will need a 'researcher's residence permit – mobility'. This is issued for the duration of your research activities in Austria, up to the expiry date of your residence permit in the other EU member state.

If you are the spouse or registered partner of an Austrian citizen, or a relative in the direct ascending line (e.g. a parent or grandparent), you will need a Settlement Permit - Dependent. If you are a life partner or relative of an EEA or Swiss citizen entitled to freedom of movement in Austria, or of an Austrian citizen who has exercised their right to freedom of movement, you will need a Residence Card.

If you are a British citizen who has legally stayed in Austria since before 31 December 2020, or a relative, spouse, or registered partner of such a person, you can obtain a residence permit under Article 50 EUV.

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Red-White-Red Card: for qualified workers and citizens of a third country

Third-country nationals are persons who are not EEA citizens or Swiss nationals. If you are a qualified worker and a citizen of a third country (a country outside the EU) seeking to live and work in Austria, you need a Red-White-Red Card. This card is issued for a period of 24 months and entitles you to fixed-term settlement and employment by the employer specified in your application.

The Red-White-Red Card for Very Highly Qualified Workers targets third-country nationals who have special qualifications. Skilled employees with this card can immigrate to Austria more quickly than other skilled workers as no labour market check is carried out. To receive this category of the Red-White-Red Card, you must attain a sufficient number of points in the legally stipulated points system. Points are awarded based on qualifications and special skills.

If you are a skilled worker who is a third-country national and you are married to or are the partner of an Austrian citizen, you do not need to apply for a Red-White-Red Card if you want to work on a self-employed basis in Austria. You can apply for a Residence Permit – Family Member. This gives you unrestricted access to the Austrian labour market, allowing you to work as a salaried employee or in self-employment.

The Red-White-Red Card for Start-Up Founders targets third-country nationals whose future company must comprise an innovative enrichment of the Austrian economy. Prerequisites include providing proof of an investment transfer of at least €30,000, of which at least 50% must derive from equity capital.

When applying for a Red-White-Red Card, you must have health insurance coverage that provides benefits in Austria and covers all risks. You must also provide evidence of a legal title to locally customary accommodation, such as a lease contract. Your stay must not be contrary to public order or public security or substantially affect Austria's relations with other countries.

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EU Blue Card: for highly qualified workers with a minimum salary

A third-country national is a person who is not an EU, EEA, or Swiss national. In the context of Austrian residence permits, third-country nationals are those who require a residence permit to stay in the country for longer than six months.

Now, onto the EU Blue Card.

The EU Blue Card is a residence permit for highly qualified workers from third countries (non-EU member states or countries treated as such, like Iceland, Norway, Liechtenstein, and Switzerland). It allows holders to work in highly skilled employment in specific professions and sectors in the issuing country. The first residence permit is typically valid for up to four years, depending on the duration of the employment contract.

To be eligible for an EU Blue Card, applicants must meet the following criteria:

  • Possess higher professional qualifications or a university degree (or have relevant professional experience considered equivalent in some sectors).
  • Have a valid employment contract of at least six months with a gross annual salary of at least 1 to 1.6 times the average gross annual salary in the issuing country.
  • Hold relevant travel documents and health insurance.

The EU Blue Card offers several benefits to its holders:

  • After 18 months, cardholders can move to a different EU country for work without having to meet the same requirements again.
  • EU Blue Card holders are guaranteed equal treatment with citizens of the host country regarding working conditions, professional education, recognition of qualifications, and access to public services.
  • It is easier for EU Blue Card holders to obtain long-term residence status, as time spent working in different EU countries can be accumulated to meet the requirements.

It is important to note that the EU Blue Card is not applicable in all EU countries, as Denmark and Ireland are exceptions. Additionally, each EU country may have specific requirements and procedures for issuing the EU Blue Card, so it is essential to refer to official sources for the most accurate and up-to-date information.

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Residence permits are issued for the duration of a contract of employment

Third-country nationals—persons who are not EEA citizens or Swiss nationals—require a residence permit to stay in Austria for more than six months. There are several types of residence permits available, each with its own set of requirements and criteria.

One such permit is the Red-White-Red Card, which is intended for qualified third-country nationals seeking to live and work in Austria. This card is typically issued for a period of 24 months and allows the holder to work for a specified employer on a fixed-term basis. The duration of the Red-White-Red Card is linked to the holder's contract of employment. If the employment contract is valid for less than two years, the residence permit will be issued for three months beyond the term of the contract.

For instance, if a qualified worker from a third country has a one-year employment contract, their Red-White-Red Card will be valid for 15 months, covering the duration of their contract plus the additional three months. This ensures that individuals have sufficient time to conclude their affairs and leave the country without overstaying their permit.

It is important to note that the Red-White-Red Card is not only for the primary applicant but also extends to their family members. Spouses, registered partners, and children of the cardholder can apply for the Red-White-Red Card plus, facilitating family reunification during their stay in Austria.

Another type of residence permit is the "researcher's residence permit – mobility". This permit is intended for researchers who are normally resident in another EU member state but wish to conduct research in Austria. The permit is issued for the duration of the holder's research activities or until the expiry of their residence permit in their home EU country, whichever comes first.

In summary, residence permits for third-country nationals in Austria are often linked to the duration of employment or specific activities, such as research. The Red-White-Red Card, a common permit for qualified workers, is issued for the duration of the employment contract, plus an additional grace period, ensuring individuals can comply with the terms of their stay.

Frequently asked questions

A third-country national is a person who is not an EEA citizen or a Swiss national.

Third-country nationals need a residence permit for Austria if they plan to stay longer than six months. For stays up to six months, a visa is required.

There are several types of residence permits available for third-country nationals in Austria, including the EU Blue Card, the Red-White-Red Card, the Settlement Permit, and the Residence Permit for Family Members.

The requirements for obtaining a residence permit as a third-country national in Austria vary depending on the type of permit. However, some general requirements include having a valid passport, proof of income or financial means, health insurance coverage, and evidence of German language skills at the A1 level.

To apply for a residence permit as a third-country national, you must first complete a questionnaire to determine the documentation and permit you need. You can then file your application with the competent Austrian consular representation (embassy or specific consulates) abroad.

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