Damon Mcknight
Austria is a popular destination for expats, with many people moving there every year. If you're considering moving to Austria, one of the first things you'll need to do is determine whether or not you need a residence permit. The requirements for a residence permit in Austria depend on several factors, including your country of origin, the purpose of your move, and the length of your stay. Nationals of EU/EEA/Swiss countries, for example, do not need a residence permit but must register at the local municipality if they plan to stay for more than three months. On the other hand, third-country nationals (those from non-EU/EEA/Swiss countries) typically need a residence permit if they plan to stay in Austria for more than six months.
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What You'll Learn
Who needs a residence permit in Austria?
Anyone who is not an EU, EEA, or Swiss citizen and is planning to stay in Austria for longer than six months will need a residence permit. Those staying for less than six months will need a visa, and some third-country nationals are exempt from this requirement for stays of up to 90 days within 180 days. Nationals of EU/EEA/Swiss members do not need a residence permit but must register at the local municipality if they plan to reside in Austria for more than three months.
There are several types of residence permits, depending on the purpose of the move. The Red-White-Red Card is for qualified third-country workers and entitles holders to fixed-term settlement and employment by a specified employer for 24 months. It can be renewed and family members can apply for the Red-White-Red Card Plus. The Blue Card EU also requires proof of income according to the 'Act Governing the Employment of Foreign Nations'.
Other types of residence permits include the Residence Permit - Researcher, the Residence Permit - Student, and the Residence Permit - Volunteer. These can be applied for directly in Austria, as can permits for family members of Austrian citizens, EU citizens, other EEA citizens, or Swiss nationals who are permanently resident in Austria. Applications for the Red-White-Red Card for highly qualified people can be made during the period of validity of a D visa for the purpose of gainful employment.
The Austria Private Residence Program is open to applicants with approximately EUR 50,000 in liquid funds, who can show proof of residence, private health insurance, and A1-level German language skills. Applicants must submit the required documents to the Austrian consulate or embassy, and once approved, they must collect a special visa and travel to Austria to receive their residence permit.
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What are the types of residence permits?
Residence permits in Austria are required for third-country nationals who plan to stay longer than six months. There are different types of residence permits available, depending on the applicant's personal situation. Here are some of the types of residence permits in Austria:
Red-White-Red Card
The Austrian "Red-White-Red Card" is issued for a period of two years, unless the holder's employment contract is valid for a shorter period. In such cases, the residence permit is issued for three months beyond the term of the contract. This card is for qualified third-country nationals who want to live and work in Austria. It entitles the holder to fixed-term settlement and employment by the specified employer in their application. The Red-White-Red Card Plus is available for family members of Red-White-Red Card holders.
Blue Card EU
The Blue Card EU is another option for qualified workers from third countries. Applicants for this card should note the special requirements concerning income as outlined in the "Act Governing the Employment of Foreign Nations".
Long-term EU Residence Permit
This permit is issued for a period of five years. The physical permit is issued for a limited period, but this does not affect the holder's settlement permit in Austria.
Residence Permit - Researcher
The "Residence Permit - Researcher" is issued for up to two years. It is available for researchers normally resident in another EU member state, for the duration of their research activities in Austria. There is also a "Residence Permit - Researcher - Mobility" option for researchers already based in another EU country.
Settlement Permits
Settlement permits are issued for a period of three years, provided that the third-country national has fulfilled the requirements of Module 1 of the integration agreement and has been continuously and legally resident in Austria for the two years prior. Types of settlement permits include the "Settlement Permit - Relative", "Settlement Permit - Artist", and "Settlement Permit - Special Cases of Gainful Employment".
Residence Permit for Family Members
Family members of Austrian citizens, EU citizens, EEA citizens, or Swiss nationals residing in Austria can apply for residence permits. This includes applications from children in the case of family reunification within six months of birth.
Residence Permit for Students and Volunteers
Students and volunteers can also apply for residence permits in Austria, provided they are already legally in the country.
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What are the requirements for a residence permit?
The requirements for a residence permit in Austria vary depending on the applicant's nationality, length of stay, and purpose of stay. Here is a detailed overview of the requirements:
For Third-Country Nationals (Non-EEA/EU/Swiss Citizens):
- For stays longer than six months, a residence permit is required.
- The initial application for a residence permit must be submitted in person at the Austrian Consulate in the applicant's home country before entering Austria.
- Applicants must bring all required documents, including originals and copies, and pay a fee for each application.
- Fingerprints will be taken from individuals aged six years and older during the application process.
- After the initial application is approved, applicants will be notified and can enter Austria with an entry visa.
- Upon arrival in Austria, the residence permit must be collected in person from the relevant authority, such as the Immigration and Citizenship Department of the city where the applicant resides.
- The first residence permit is typically issued for one year and includes information about work permissions.
- To extend the residence permit, applicants must fulfil Module 1 of the Integration Agreement, which includes learning German (A2 level) and understanding the Austrian legal and societal system. After two years of residence, proof of passing the Integration German Examination is required.
- For longer-term residence, fulfilling Module 2 of the Integration Agreement is necessary, which includes improving German skills (B1 level) and further knowledge of the legal and societal system.
- After five years of residence, individuals can usually obtain a permanent residence title for another five years.
- To apply for Austrian citizenship, individuals typically need to reside in Austria continuously for at least six years, sometimes longer.
For EEA/EU/Swiss Citizens:
- For stays longer than three months, a "confirmation of registration of Right of Residence under EU law" must be requested from the competent authority.
- Family members of Austrian, EU, EEA, or Swiss citizens who are permanently resident in Austria can apply for a residence permit directly in Austria.
- Children can apply for a residence permit within six months of birth if the caregiver is legally resident in Austria.
For Qualified Workers from Third Countries:
- The "Red-White-Red Card" is required for qualified workers seeking to live and work in Austria.
- This card is valid for 24 months and allows fixed-term settlement and employment with the specified employer.
- Family members can apply for the "Red-White-Red Card Plus" for family reunification.
- When applying for this card, special requirements regarding income must be considered according to the "Act Governing the Employment of Foreign Nations".
- Health insurance coverage providing benefits in Austria and covering all risks is mandatory.
- Evidence of a legal title to locally customary accommodation is required.
For Investors:
- The Austria Private Residence Program offers residence permits to applicants with approximately EUR 50,000 in liquid funds, proof of permanent residence, private health insurance, and documented German language skills (A1 level).
- Selected applicants must submit mandatory documentation to the Austrian consulate or embassy and obtain a special visa to collect their residence permit in Austria.
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Where and how to apply for a residence permit?
As a rule, applications for a residence permit must be submitted from abroad to the Austrian representative authorities (embassy, consulate) before entering Austria. The competence of the representative authority depends on the applicant's place of residence. Applications must be submitted in person.
In certain countries, an appointment is needed to submit an application to the Austrian Consulate. Information on making an appointment can be found on the website of the competent consulate. The Consulate is primarily responsible for accepting the application, examining it for completeness and correctness, and forwarding it to the decision-making authority in Austria. The competence of examining the application and deciding on whether to grant a residence permit or reject the application rests exclusively with the federal provinces and will be taken by the competent Austrian authority (as a general rule, the urban or district administration of the future place of residence).
The following categories of persons may submit their first application for a residence permit in Austria:
- Family members of Austrians, EU citizens, other EEA citizens (from Iceland, Liechtenstein or Norway) or Swiss citizens who are permanently resident in Austria and who have not exercised their right of residence under EU law or the right of residence of more than three months.
- In the case of family reunification, children within six months of birth, provided that the person reuniting the family, who is charged with care and upbringing, is lawfully resident.
- Foreign nationals (i.e. persons without Austrian citizenship) who apply for a residence permit as a researcher or a residence permit "EU Blue Card" and their family members, as well as foreign nationals who apply for a ""student" residence permit, a "volunteer" residence permit or a settlement permit for other relatives of EU citizens and Swiss nationals who are third-country nationals, in each case after lawful entry and residence.
- Third-country nationals who are entitled to enter without a visa during their legal residence.
- Third-country nationals who hold an Austrian matriculation certificate, matriculation or diploma examination certificate from a school in Austria or abroad following legal entry into and during their legal stay in Austria.
- Third-country nationals who are in possession of a valid residence permit of intra-corporate transferees (ICTs) of another Member State or who hold a valid residence permit “researcher” of another Member State and are applying for a “Residence Permit - Researcher Mobility”.
If you are in Vienna, you have to pick up your residence permit in person at the Immigration and Citizenship Department of the City of Vienna (MA 35). If you submitted your application for extension on time, your residence and work permit remain valid while your application for extension is being processed. After 2 years you can usually get a residence permit for 3 years. To do so, you have to fulfil Module 1 of the Integration Agreement and your passport must still be valid for at least 3 years. After 5 years, you can usually get a permanent residence title for another 5 years. For this, you have to fulfil Module 2 of the Integration Agreement.
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How long is a residence permit valid for?
The duration of a residence permit in Austria depends on the type of permit and the purpose of the move. Here is a list of the various types of residence permits and their validity:
Red-White-Red Card
The Red-White-Red Card is issued for a period of 24 months and allows qualified third-country nationals (non-EU/EEA/Swiss citizens) to live and work in Austria for a specific employer or as self-employed individuals. The validity of this permit is tied to the duration of the employment contract, up to a maximum of 2 years, and it can be renewed.
EU Blue Card
The EU Blue Card is a residence permit for highly qualified workers from non-EU/EEA/Swiss countries. It is typically issued for a period of 2 years, unless the holder's employment contract is for a shorter duration, in which case the permit is issued for 3 months beyond the contract's term.
Residence Permit for Students
The Residence Permit for Students, or "Aufenthaltsbewilligung Student", is valid for 12 months. It allows international students to study in Austria and can be renewed before its expiration date.
Residence Permit - Researcher
The "Residence Permit - Researcher" is issued for a period of up to 2 years. It allows individuals to conduct research and engage in related activities in Austria.
Residence Permit ICT
The Residence Permit ICT (Aufenthaltsbewilligung Unternehmensintern transferierte Arbeitnehmer) is a unique permit that allows intra-corporate transferees to stay and work in Austria for a specific company. This permit is typically valid for a maximum of 3 years, or 1 year for trainees.
Long-Term EU Residence Permit
The Long-Term EU Residence Permit (Daueraufenthalt-EU) is a permit that allows individuals to permanently stay and work in Austria. It is issued for a period of 5 years and can be renewed.
It is important to note that the validity of a residence permit in Austria may also depend on other factors, such as the personal situation of the applicant and any family members they may be reuniting with in the country. Additionally, for stays in Austria of up to 6 months, third-country nationals do not require a residence permit, but a visa may be needed depending on their citizenship.
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