Important Information About The Brexit - That's new for you in Austria (Status as of February 8th, 2021)
The United Kingdom left the European Union effective 31 January 2020. The rules pertaining to the Withdrawal Agreement concluded between Great Britain and the EU entered into force on 1 January 2021. Here you can inform yourself about the new regulations affecting Austrian employers, British employees, students and their family members.
Information for companies with British employees and their family members
However, the British employee must apply for the “Article 50 EUV” residence permit by the deadline of 31 December 2021. In this way, he or she will be entitled to continue to work in your company.
If the application for the residence permit is submitted prior to 31 December 2021 but is still being processed by public authorities at this time, the British employees continues to be entitled to live and work in Austria.
Example: The British national John Smith has been living in Austria since 2017 and works for the company ABC GmbH based in Graz. He applied to the relevant authorities in Graz for the “Article 50 EUV” residence permit before the stipulated deadline of 31 December 2021. Accordingly, at this time he is permitted to continue working for ABC GmbH.
John Smith sent in his application on 10 December 2021. He did not obtain his new residence permit from the Graz authorities by 31 December 2021. This does not change anything for John Smith. He is allowed to continue to work for ABC GmbH because he adhered to the specified application deadline.
Example: The Russian national Irina Tolkova has been married to the British national John Smith since the year 2015. The married couple have been living in Salzburg since 2019. Irina Tolkova has been working for the Salzburg-based company ABC GmbH since 2019. Her husband previously had a "registration certificate" (Anmeldebescheinigung), and Irina Tolkova had a "residence card" (Aufenthaltskarte). The couple must apply to the authorities in Salzburg for the “Article 50 EUV” residence permit before the stipulated deadline of 31 December 2021. Up until this point in time, during the process and after receiving the new residence permit, Irina Tolkova is permitted to continue working for ABC GmbH.
Similar to all other third-country nationals, your future employee must apply for a work and residence permit (e.g., the Red-White-Red-Card). This is the only way in which he or she will be allowed to live and work in Austria. If this employee is highly skilled and you have questions about a potential work and "residence card" (Aufenthaltskarte), feel free to contact ABA Immigration and Residence Services.
Information for British nationals
This means that you entered Austria before 31 December 2020 with the intention of working in Austria in an employed or self-employed capacity, searching for a job, studying in the country or living here as a person of independent means.If you already received your “registration certificate” (Anmeldebescheinigung), this confirms your right to reside under EU law. Do you not yet possess a registration certificate? In this case you will have to find another way to prove that you travelled to Austria with the intention of living, working or studying here.
This is based directly on the agreement reached between Great Britain and the EU. As a consequence, they (continue to) legally reside in Austria. For this reason, they are permitted to carry on a business as in the past.
Example: The British citizen Katherine Taylor has been working in Vienna as an independent architect since 2010. She enjoys a special status because she already lived in Austria before 31 December 2020. This means she can continue to work as an independent architect. She does not have to have the business deleted from the commercial register or suspend her business activities. Ms. Taylor has until 31 December 2021 to submit an application to Viennese authorities for the “Article 50 EUV” residence permit.
2. You are a British national with a “special status” and are not working. In this case, you will have to show that you have sufficient means of subsistence for you and your family members. In other words, during your stay in Austria you will not have to claim any social welfare benefits. For example, you can show proof of savings. In addition, you have to show that you and your family members have comprehensive health insurance coverage in Austria. For example, provide copies of your e-cards.
3. You are a British national enjoying a “special status” and are studying in Austria. In this case, you can find more detailed information on the Website of the Agency for Education and Internationalisation or OeAD
In order to obtain the “Article 50 EUV” residence permit for British nationals, the same pre-requisites generally apply as the ones EU nationals have to fulfil in order to get a “registration certificate” (Anmeldebescheinigung).
Generally, your stay in Austria is legally permissible until the decision is made by public authorities concerning your application for the “Article 50 EUV” residence permit. When the application is submitted, the public authorities officially confirm that your residence in Austria is lawful until a decision is made.
As a rule, British nationals were granted the right of permanent residence when they legally resided in Austria for more than five years. In other words, if you have consistently lived in Austria for more than five years, you may be eligible for the “Article 50 EUV” residence permit with a period of validity of ten years. In this regard, the important thing is that the pre-requisites for the “right to reside under EU law” in Austria were continuously fulfilled during this five-year period of time (e.g., continuous employment or sufficient means of subsistence and health insurance over the last five years).
Example: The British national John Smith has been living in Austria since 2005 and has been working for the company ABC GmbH in Klagenfurt since then. He must submit an application to the public authorities in Klagenfurt for the “Article 50 EUV” residence permit before the specified deadline of 31 December 2021. His new residence permit will be valid for ten years due to the fact that he has already been living in Austria for more than five years.
If you are highly sklilled and want to live and work in Austria, feel free to contact the ABA Immigration and Residence Services with any questions you might have.
British nationals continue to be exempt from the obligation to have a visa. This also means that you can submit your application for a residence permit in Austria if you still have visa-free days left.
Example: The British national Katherine Taylor has lived in Great Britain up until now. In January 2021 she received a job offer from the company ABC GmbH located in Innsbruck. She travels to Austria without a special visa and directly submits an application for a Red-White-Red-Card to the authorities in Innsbruck. She is first permitted to actually work for ABC GmbH when she has picked up the Red-White-Red-Card from the authorities in Innsbruck.
- British nationals who lived in Austria before 31 December 2020 (British nationals with a “special status”).
- Family members (wife, husband, child etc.) of British nationals with a “special status”, regardless of their nationality, who also lived in Austria before 31 December 2020.
- Family members (wife, husband, child etc.) of British nationals with a “special status”, regardless of their nationality, who did not live in Austria before 31 December 2020, but were already family members before 31 December 2020.
- (Biological) new-born children or adopted children of British nationals with a “special status” regardless of their nationality.
- Life partners of British nationals with a “special status”, regardless of their nationality, who also lived in Austria before 31 December 2020.
Information for family members of British nationals
Attach the passport and birth certificate of the child to the application. Moreover, you have to show that you are a British national with a “special status”.
This also applies to adopted children. Posthumous stepchildren or children of spouses or registered partners do not fall into this category. When adopting children who are older than 21, the application must include proof of payment of child support in addition to the adoption certificate.
Example: The British national Katherine Taylor and the British national John Smith have been living together in Bregenz since 2018 and are expecting a child in February 2021. The child will also be granted British citizenship. The parents have time until 31 December 2021 in order to apply to the authorities in Bregenz for the “Article 50 EUV” residence permit for themselves and their child. During this time, the three of them are permitted to continue living together in Austria.
You can obtain the “Article 50 EUV” residence permit if you want to relocate your place of residence (centre of vital interests) to Austria. The application must be submitted by 31 December 2021 or within three months after arriving in Austria. In particular, you need the marriage or partnership certificate for the application as well as the "registration certificate" (Anmeldebescheinigung) of the British national.
Example: The Russian national Irina Tolkova has been partnered to the British national Katherine Taylor since 2020. Up until now Irina Tolkova has lived in Berlin and would like to move in with her partner in Innsbruck now. She travels to Austria on 1 December 2021 and registers her principal place of residence in Innsbruck. Starting on 1 December 2021, she has three months to submit her application to the relevant authorities in Innsbruck for the “Article 50 EUV” residence permit. In contrast, Katherine Taylor must submit her application for the “Article 50 EUV” residence permit to the authorities in Innsbruck by 31 December 2021 because she has already been living in Austria since the year 2010.
This means that you are considered to be the family member of a third-country national. If you are highly skilled and want to emigrate to Austria, feel free to contact the ABA Immigration and Residence Services with any questions you might have.
This is valid for a period of five (or ten) years. Alternatively, as the family member of an EEA national, he or she can obtain a so-called “residence card” (Aufenthaltskarte).
There are no changes for you yourself. You will receive a registration certificate if you meet all the pre-requisites. If you already possess a registration certificate, you do not have to change anything.
Your life partner can obtain a “settlement permit” (Niederlassungsbewilligung) enabling him or her to work in a self-employed capacity in Austria. He or she has to fulfil certain pre-requisites (e.g., German language skills) in order to obtain this “settlement permit” Do not hesitate to contact the ABA Immigration and Residence Services if you have any other questions.
Disclaimer: Please note that despite carrying out thorough research, the Austrian Business Agency/Work in Austria cannot guarantee the accuracy of the information and also does not assume any liability whatsoever for this. The information provided also does not claim to be complete. The Austrian Business Agency/Work in Austria is not a government authority. It does not accept any applications for residence permits nor it does make any decisions concerning applications for such residence permits. Please feel free to contact us at any time if you need further information or advice on emigrating to Austria or residing here.