The “Residence Permit – Cross-Border Commuter”

As of December 1, 2025, new legal regulations for cross-border commuters will come into effect, allowing them to apply for the newly created residence title “Residence Permit – Cross-Border Commuter” if they continue to reside in a neighboring country and regularly commute from there to their workplace in Austria and back. 

Basic Requirements for Granting a Residence Permit – Cross-Border Commuter 

The Residence Permit – Cross-Border Commuter is a combined work and residence title and is issued for up to one year. It ties the holder to a specific employer based in Austria. Accordingly, a binding job offer from an employer located in Austria is the basis for applying for a Residence Permit – Cross-Border Commuter. 

The following requirements must also be met: 

• Permanent Residence Permit in the Neighbouring Country with Unlimited Access to the Labour Market 
  Only third-country nationals who have a permanent residence permit in the neighboring country and are allowed to work there without restrictions can apply for a Residence Permit – Cross-Border Commuter (e.g., Long-Term EU Residence permit). This means that some groups of people cannot apply: These include, among others, students, seasonal workers, posted workers. Also excluded are third-country nationals who have been recognized as refugees in the neighboring country, have subsidiary protection, or have a temporary right of residence under the EU Mass Influx Directive (2001/55/EC). 

• Regular Employment in a Border District 
  Cross-border commuters may only work in certain areas in Austria: Either in a district that directly borders a neighboring country or in a statutory city that is surrounded by a border district or itself borders a foreign country. These include, in addition to Eisenstadt and Rust, the cities of Innsbruck, Salzburg, Klagenfurt, and Villach.

  Example: 
  
  Allowed: A person lives in Germany and works in the statutory city of Salzburg. The Salzburg-Umgebung district borders Germany and surrounds the statutory city of Salzburg. → This is allowed.

  Not allowed: A person lives in Germany and wants to work in the district of Tamsweg. This district does not directly border Germany. → This is not allowed. 

  The employer must have its company headquarter in Austria, but not necessarily in the border district. However, the employer must confirm in writing that the place of employment is in the border district or in one of the cities mentioned. If the authorities have doubts, the employer must prove that the work actually takes place there.

• Labor Market Test 
  The Public Employment Service (“Arbeitsmarktservice” – AMS) conducts a labor market check (“Arbeitsmarktprüfung”) for applications for a Residence Permit – Cross-Border Commuter. It can propose equally or better qualified skilled workers who are already registered as job seekers to the employer (“Ersatzkraftverfahren”). 

Procedure 

The application for a Residence Permit – Cross-Border Commuter can be submitted by the employer or the cross-border commuter personally at the residence authority responsible for the employer’s company seat in Austria. 

These documents are required to obtain a Residence Permit – Cross-Border Commuter:

• Application form  

• Passport 

• Permanent residence permit for the neighboring country 

• Passport photo according to EU criteria (not older than 6 months) 

  • Employer documents: 

  • Employer’s declaration  

  • Detailed job description (either as a separate document or in the employer’s declaration) 

• Indication of the collective agreement classification (e.g., in the employer’s declaration or via employment contract) 

• Criminal record certificate, not older than 3 months 

Extension and Family Members 

As already mentioned, the Residence Permit – Cross-Border Commuter is issued for up to one year. As long as the employment with the employer continues, the residence permit can of course be extended for another year. 

However, cross-border commuters cannot obtain a Red-White-Red – Card Plus. Nor is it possible for family members to accompany or join them. 

Do you have questions that we have not answered in this article? Would you like further advice or a check of the forms and required documents for the Residence Permit – Cross-Border Commuter?

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