Staying in Austria temporarily with a residence permit
Are you a third-country national and would like to live and work in Austria for more than six months but do not want to live permanently in the country? Then a temporary residence permit (“Aufenthaltsbewilligung”), also known as temporary stay permits, could be the right type of residence permit for you.
There are different kinds of temporary residence or stay permits, depending upon your purpose in temporarily staying in Austria:
- Residence Permit – ICT (“Aufenthaltsbewilligung ICT”)
- Residence Permit – Mobile ICT (“Aufenthaltsbewilligung Mobile ICT”)
- Residence Permit – Seconded Employee (“Aufenthaltsbewilligung Betriebsentsandter”)
- Residence Permit – Self-Employed Person (“Aufenthaltsbewilligung Selbstständige”)
- Residence Permit – Student (“Aufenthaltsbewilligung Student”)
- Residence Permit – Pupil (“Aufenthaltsbewilligung Schüler”)
- Residence Permit – Special Cases of Gainful Employment (“Aufenthaltsbewilligung Sonderfälle unselbstständiger Erwerbstätigkeit”)
- Residence Permit – Social Worker (“Aufenthaltsbewilligung Sozialdienstleistender”)
- Residence Permit – Volunteer (“Aufenthaltsbewilligung Freiwilliger”)
- Residence Permit – Researcher Mobility (“Aufenthaltsbewilligung Forscher – Mobilität”)
- Residence Permit – Family Reunification (“Aufenthaltsbewilligung Familiengemeinschaft”).
Generally, you do not need a residence permit if you want to live and work in Austria for less than six months, but you will need a visa, specifically a Visa C (“Visum C”) or a Visa D (“Visum D”) for professional purposes
Temporary stay as an intra-corporate transferee (“Unternehmensintern transferierter Arbeitnehmer” or seconded employee
The Residence Permit – ICT (“Aufenthaltsbewilligung ICT”) is an option if you come to Austria within the context of working for a multinational company or group of companies for one to three years as a specialist, executive or trainee. The special case of a Residence Permit – Mobile ICT applies if you have the Residence Permit – ICT from another EU member state and will work in Austria for more than 90 days within the context of this business activity. As a rule, your payroll remains abroad.
You need a Residence Permit – Seconded Employee (“Aufenthaltsbewilligung Betriebsentsandter”) if you work in Austria as a posted employee for more than six months. If your stay in Austria is for less than six months, a visa is sufficient. In principle, the secondment or posting of an employee exists if:
- A foreign employer from a third country (without a business establishment in Austria) posts an employee who is a third-country national to an Austrian contractor to fulfil contractual obligations, or
- The employee of an international corporate group is posted to the headquarters of the corporate group in Austria within the context of a training and professional development programme, or
- An employee who is a junior executive is posted to an Austrian subsidiary within the context of an in-house rotation.
It is important to clearly distinguish between the posting and hiring out (“Arbeitskraftüberlassung”) of employees!
Temporary stay as a self-employed person
In order to obtain a Residence Permit for Self-Employed Persons, you must prove that you have a contractual obligation to carry out a specified self-employed activity for an employer in Austria for a period of more than six months. However, you may not plan to stay in Austria for a period longer than the duration of this obligation.
Temporary stay for educational purposes
The Residence Permit – Student is normally issued for one year, but extensions are generally possible as long as the course of studies lasts.
The Residence Permit – Pupil (“Aufenthaltsbewilligung Schüler”) is issued, for example, to enable a young person to attend a public school or a private school with public-law status.
Temporary stay for special cases of employment
A Residence Permit – Special Cases of Gainful Employment (“Aufenthaltsbewilligung Sonderfälle unselbstständiger Erwerbstätigkeit”) is relevant for third-country nationals who are gainfully employed in Austria and who do not fall within the scope of the Aliens Employment Act (“Ausländerbeschäftigungsgesetz” - AuslBG). For example, this can be work as an au-pair, as a participant in an exchange programme, as an exchange teacher or as a language assistant.
You get a Residence Permit – Social Worker (“Aufenthaltsbewilligung Sozialdienstleistender”), for example, if you work for a non-partisan and non-profit organisation which does not pursue any profit-making purposes itself. Moreover, the specific work for the organisation must be of an educational or training nature and may also not be for profit. The Residence Permit – Social Worker is granted for a maximum of twelve months. In principle, it is not possible to extend this residence permit or to change the purpose (“Zweckänderung”).
The Residence Permit – Volunteer (“Aufenthaltsbewilligung Freiwilliger”) is granted in order to allow a person to work within the framework of the European Solidarity Corps (“Europäische Solidaritätskorps”), formerly known as the European Voluntary Service. For this reason, if you apply for this residence permit, you will need to show an agreement concluded with a host organisation which includes information about the voluntary service to be rendered.
The Residence Permit – Researcher Mobility (“Aufenthaltsbewilligung Forscher – Mobilität”) targets third-country nationals who already have a valid “Researcher” residence permit in another EU member state and who will work in a research facility in Austria. This residence permit is granted for at least the duration of your research in Austria but at the longest for the period of validity of the “Researcher” residence permit of the other EU member state. The Residence Permit – Researcher Mobility can be extended for a total of two years in Austria. Afterwards, a change of purpose (“Zweckänderung”) is possible, but an extension (“Verlängerung”) is not.
Validity, extensions and family
For example, the Residence Permit – ICT for trainees and the Residence Permit – Social Worker are issued for a maximum period of twelve months and an extension is not possible. The Residence Permit – Researcher Mobility can be extended for a maximum of two years all in all, and the Residence Permit – ICT for specialists and executives can be extended for a maximum total of three years.
As soon as you plan to remain in Austria for the long term, contrary to your original intentions, it makes senses to change over to a different residence permit by applying for a change of purpose, if this is in fact possible. The residence permit (“Aufenthaltsbewilligung”) is oriented to a temporary stay in Austria. For this reason, it may happen that you will not be able to extend your residence permit at all.
Moreover, you can first get a permanent residence permit at a later date. 50 percent of the time in which you live and work in Austria with a residence permit is credited towards your application for a Long-Term Resident EU permit (“Daueraufenthalt EU”) and the necessary five years of living in Austria without interruption.
If you have a
- Residence Permit – Researcher Mobility, or a
- Residence Permit – ICT, or a
- Residence Permit – Mobile ICT, or a
- Residence Permit – Special Cases of Gainful Employment (except as an au-pair), or a
- Residence Permit – Student,
your wife/husband, civil partner or your underage children can apply for a Residence Permit – Family Reunification (“Aufenthaltsbewilligung Familiengemeinschaft”).
If you have a
- Residence Permit – Seconded Employee, or a
- Residence Permit – Self-Employed Person (except as an au-pair), or a
- Residence Permit – Pupil, or a
- Residence Permit – Social Worker, or a
- Residence Permit – Volunteer,
your family is generally not allowed to immigrate with you to Austria but can only reside in Austria if they have an own purpose for their stay.
Various documents must be presented, depending upon which residence permit you apply for. In any case, you have to submit the following documents in order to get a residence permit:
- Application form
- Passport photo fulfilling EU criteria (not older than six months)
- Birth certificate
- Police clearance certificate (“Strafregisterbescheinigung”)
- Proof of health insurance in Austria
- Fees: 160
Please note the following:
- You will have to present one or more police clearance certificates depending upon the country in which you live. Here you can see which police clearance certificates you will have to obtain.
- Personal documents must be specially verified so that these documents are officially recognised. This depends upon the country in which the documents were issued. Here you can look to see which type of verification is necessary.
- If personal documents are not available in German or English, they must be translated by a court-certified translator (“gerichtlich beeidete Übersetzerin/gerichtlich beeidigter Übersetzer”).
- If you have to show additional personal documents or if you need a Visa D, the fee to be paid may actually be higher than € 160.
- You submit the application to the Austrian representative authority (embassy/consulate) in the country in which you currently live.
- If you are allowed to travel to Austria without a visa, you are permitted to personally submit your application to the Immigration and Residence Authority (“Aufenthaltsbehörde”) in Austria. This option has the advantage that the application is submitted directly to the public authority which actually processes it.
Attention: Please pay attention to the number of your visa-free days! Generally, you have 90 days (out of 180) in which you can stay in the Schengen Area. Once you have used up this allotment of visa-free days, you will no longer be allowed to submit the application in Austria because you no longer legally reside in the country.
In any case, you must apply for the Residence Permit – ICT abroad even if you are generally allowed to enter Austria without a visa. If you apply for a Residence Permit – ICT, your employer can also submit the application on your behalf to the Immigration and Residence Authority in Austria. This applies regardless of your nationality and the country in which you live at the present time. This option has the advantage that your application is sent directly to the public authority which also processes your application.
Sect. 58 ff Austrian Settlement and Residence Act (“Niederlassungs- und Aufenthaltsgesetz” - NAG)