The residence permit called Settlement Permit (“Niederlassungsbewilligung”) enables third-country nationals to stay in Austria for a limited period of time and only to work on a self-employed basis, which means that they are not allowed to pursue gainful employment (as a salaried employee).
For example, you can receive a Settlement Permit if you:
- are the life partner (girlfriend or boyfriend in a permanent relationship) but are not married nor in a civil partnership (“eingetragene Partnerschaft”) with an EU, EEA or Swiss national.
- extend your Red-White-Red – Card for Self-Employed Key Workers (“Rot-Weiß-Rot – Karte für Selbstständige Schlüsselkräfte”) after two years.
- want to extend your Red-White-Red – Card for Startup Founders (“Rot-Weiß-Rot – Karte für Start-Up-GründerInnen”) after two years and a Red-White-Red – Card Plus (“Rot-Weiß-Rot – Karte Plus”) is not an option for you.
Are you immigrating to Austria and applying for a Settlement Permit for the first time? In this case, you will need the following documents:
- Proof of sufficient financial means/means of subsistence
- Proof of having officially recognised health insurances
- German language competence at an A1 level
You will have to present different documents or fulfil different requirements. This depends on the specific situation you are in so that you apply for a Settlement Permit.
Settlement Permit for people who are not married or not in a registered partnership to an EU national
You need these documents if you want to get a Settlement Permit as a life partner:
- Application form
- Passport photo fulfilling EU criteria (not older than six months)
- Personal documents:
- Birth certificate
- Police clearance certificate (“Strafregisterbescheinigung”)
- Proof of your having a life partner:
- Proof that you are in a permanent relationship (e.g., rental agreement showing that you have already lived together abroad, proof of joint trips, proof of communication between you, etc.)
- Declaration of liability (“Haftungserklärung”)
- Registration Certificate (“Anmeldebescheinigung”)
- Proof of sufficient financial means (pay slips, bank account statements, etc.)
- Proof of health insurance coverage in Austria
- A1 German Certificate (“Deutsch-Zertifikat A1“) (not older than one year) showing your German language competence
- If you completed your studies at a recognised university, you do not need a German language certificate. Instead, you need to show your university diploma to the authorities. Verifications may be necessary depending upon the country which issued the diploma (Link Austrian Federal Ministry of Education, Science and Research (“Bildungsministerium”): https://www.aais.at/Home/DocumentLegalizationOfForeignDocuments). It does not matter which studies were completed and in which language. The only thing that counts is that the university is recognised and that the diploma document is translated and certified either into German or English. This diploma is considered to be a substitute for the A1 German Certificate and also for the A2 Integration Certificate (“Integrations-Zertifikat A2”).
Did you do your school-leaving examination (“Matura”) or completed studies in Austria? In these cases, you also do not need to show a German proficiency certificate.
In principle, only German certificates from the following institutions are accepted: Austrian Integration Fund (ÖIF), ÖSD, TELC and Goethe-Institut.
Fees: € 160
All the above-mentioned points also apply to the life partners of Austrian nationals, if the Austrian national has made use of his or her right of residence under EU law (“unionsrechtliches Aufenthaltsrecht”). The Austrian national does not have to show a Registration Certificate but must show proof that he or she has made use of the right of residence under EU law. This means that the Austrian has verifiably lived in another EU/EEA member state for more than three months.
When applying for the Residence Permit – Relative, it is important to know if you are allowed to enter Austria without a visa or not. You can find this out here (link).
Are you allowed to enter Austria without a visa? As soon as you have gathered all the necessary documents, you can come to Austria and submit your application for the Residence Permit – Relative to the competent Immigration and Residence Authority (“Aufenthaltsbehörde”). The application will then be processed by the Immigration and Residence Authority for several weeks and approved. Subsequently, your Settlement Permit will be printed. If you want, you will be allowed to work on a self-employed basis as soon as you receive the card. You are not allowed to pursue gainful employment as a salaried employee.
Please pay attention to the number of visa-free days you are entitled to! Generally, you have a maximum of 90 days (out of 180) in which you can stay in the Schengen Area. If you have not received the Settlement Permit within these 90 days, you must leave the Schengen Area and apply for the Visa D in the country in which you currently live. Generally, it is advised to await approval of your application in our home country.
Are you not permitted to enter Austria without a visa? In this case, you will have to submit your entire application for the Settlement Permit to the Austrian representative authority (embassy, consulate) in your country of residence. Your application will then be sent to Austria by the representative authority where it will be processed and approval. After your application has been approved, you will receive an invitation from the Austrian representative authority. In this invitation, you will be asked to apply for a so-called Visa D within the following three months and to pick up your Settlement Permit in Austria within a period of six months. In order to receive a Visa D, you will need the following documents:
- Application form (link)
- Passport with a copy
- Invitation of the representative authority
- Approval of the Immigration and Residence Authority
- Travel insurance (coverage of at least € 30,000)
- Flight reservation
Generally, it will take about two weeks until the Visa D is stamped in your passport. During this processing time, the representative authority will keep your passport. As soon as you have your Visa D, you can travel to Austria and have your fingerprints taken. Furthermore, you will also have to show your personal documents (passport, birth certificate, police clearance certificate, etc.). Your Settlement Permit will then be printed. Once you receive it, you are permitted to begin working on a self-employed basis if you want.
Validity, extension and family
If you want to pursue gainful employment as a salaried employee, you can change to a Red-White-Red – Card Plus under certain conditions. In this case, the Austrian Public Employment Service AMS must confirm that permission for you to pursue employment is warranted on the basis of your particular social and family roots in Austria. You must be prepared for a complex process lasting several months until you receive your residence permit. This only makes sense if you want to pursue gainful employment as a salaried employee, because this is not permitted with a Settlement Permit. In other words, it is not necessary to change over to a Red-White-Red – Card Plus if you wish to continue working on a self-employed basis or if you do not intend to work at all.
As a rule, joint children (up to the age of 21) who are third-country nationals and whose parents are an EU national with a life partner who has a Settlement Permit can be granted a Residence Card (“Aufenthaltskarte”) due to their family relationship with an EU national.
If there is no family relationship between your child and an EU citizen, your child can get a Settlement Permit as well. For this purpose, they need a quota place (“Quotenplatz”).
Settlement Permit as the extension of a Red-White-Red – Card for Self-Employed Key Workers
However, in the case of a subsequent extension, after being in Austria for a total of five years, you can get the Long-Term Resident EU permit (“Daueraufenthalt EU”) (link) if you fulfil all the requirements. The Long-Term Resident EU permit gives you unrestricted access to the Austrian labour market, and also allows you to work as a salaried employee.
Individuals who also have a Red-White-Red – Card for Start-Up Founders (“Rot-Weiß-Rot – Karte für Start-Up-GründerInnen”) can receive a Settlement Permit after two years if they do not fulfil all the requirements for the Red-White-Red – Card Plus.
As a rule, you need these documents in order to get an extension of your Settlement Permit:
- Application form (link to the form and completion guide) – please mark extension (“Verlängerung”)
- Passport photo which is not older than six months and which fulfils EU criteria
- Proof of accommodation in Austria (rental agreement, last three rental payments, etc.)
- Proof of health insurance coverage (copy of Austrian e-card, etc.)
- Proof of sufficient means of subsistence (proof of income etc.)
- Additional documents relating to your business
- Fees: € 160
Close family members (husband/wife, civil partner, under-age children) of third-country nationals who have one of the following can receive a Settlement Permit:
- Settlement Permit
- Settlement Permit – Artist
- Settlement Permit – Special Cases of Gainful Employment or
- Settlement Permit – Relative
However, for this purpose they need a quota place.
Sect. 47 Austrian Settlement and Residence Act (“Niederlassungs- und Aufenthaltsgesetz” - NAG)