Residence permits for self-employed individuals
If you first work as a salaried employee and are considering self-employment in the future, this can also be an attractive option. If you have a Red-White-Red – Card, you can usually obtain a Red-White-Red – Card Plus after 2 years. The Red-White-Red – Card Plus enables you to pursue self-employment, among others.
By the way, in addition to their salaried employment, holders of a Red-White-Red Card or an EU Blue Card valid in Austria are entitled to pursue self-employed activities to a lesser extent.
Red-White-Red – Card for
Self-Employed Key Workers
The Red-White-Red – Card for Self-Employed Key Workers targets third-country nationals who want to establish a company, which will offer high added value to the Austrian economy, or will provide added impetus, or which will have an outstanding positive effect on Austria’s economic development (“macroeconomic benefits”).
More information about the Red-White-Red – Card for Self-Employed Key Workers.
Red-White-Red – Card for
Start-Up Founders
The Red-White-Red – Card for Start-Up Founders targets third-country nationals whose future company must comprise an innovative enrichment of the Austrian economy.
Among the prerequisites is providing proof of an investment transfer of at least € 30,000. In order to qualify as a start-up founder for the Red-White-Red - Card, sufficient points must be achieved within the framework of a legally stipulated point system.
There are categories of criteria in which you can collect points:
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General
You have to achieve a score of at least 50 points.
Each category has a maximum number of points which you are not permitted to exceed. For example, if you have more than 5 years of relevant professional experience, you will still not receive more than 10 points for your professional experience.
You do not have to collect points in every category. It is sufficient for you to score a total of 50 points. -
Professional experience
Not only fully completed years of professional experience will count, but also periods of 6 months. Proof of professional experience must include, at a minimum, the starting date, the end date and a description of the job position.
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German language skills
Language certificates must not be older than 5 years when you apply for the Red-White-Red – Card. German certificates from the following institutions are accepted: ÖSD, Goethe-Institut, Telc GmbH, Austrian Integration Fund (ÖIF).
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English language skills
Language certificates must not be older than 5 years when you apply for the Red-White-Red – Card. English certificates are accepted from the following institutions: Cambridge, The European Language Certificates (TELC), International English Language Testing System (IELTS), Test of English for International Communication (TOEIC), Test of English as a Foreign Language (TOEFL).
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French, Spanish or Bosnian/Croatian/Serbian language skills
Certificates proving skills of the mentioned languages are also only accepted if obtained from recognized institutions (alternatively: proof of completed education in one of thementioned languages or native language skills).
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Age
You will obtain points for the age you are upon submission of the application (if applicable).
Eligibility criteria for start-up founders | Points |
Qualification | Max points: 30 |
Completed vocational education/training or special know-how or skills in the prospective occupation | 20 |
Completed programme of a minimum duration of three years at an institution of tertiary education | 20 |
Completed diploma programme or Bachelor’s, Master’s or Doctor’s degree programme or vocational education/training in Austria | 30 |
| Work experience according to qualification | Max points: 10 |
Work experience (per half-year) | 1 |
Language skills | Max points: 15 |
German (A2 level) | 5 |
| German (B1-B2 level) | 10 |
| English (B2 level) | 10 |
| German (C1-C2 level) | 15 |
French language skills (B1 level) | 5 |
Spanish language skills (B1 level) | 5 |
Bosnian, Croatian or Serbian language skills (B1 level) | 5 |
| Bonus points | Max points: 30 |
Evidence of additional investment capital of € 50.000 minimum | 10 |
Admission to a business incubator or funding by a start-up funding agency in Austria | 10 |
| Age up to 35 years | 10 |
Sum total of maximum allowable points: | 85 |
Required minimum: | 50 |
Residence Permit – Self-Employed
This residence permit targets third-country nationals who,
- for the purpose of conducting a specified self-employed activity,
- have contractually committed themselves for longer than six months,
- do not have the intention of settling down in Austria, and
- meet the general prerequisites for obtaining the residence permit.
You should not apply for this residence permit if you plan to live and work in Austria on a permanent basis. For example, if you plan to give up your place of residence in your country of origin and lease an office or storage space, you should not apply for a Residence Permit – Self-Employed (“Aufenthaltsbewilligung Selbstständige”) but apply for a Red-White-Red – Card for Self-Employed Key Workers (“Rot-Weiß-Rot – Karte für Selbstständige Schlüsselkräfte”) or the Red-White-Red – Card for Start-Up Founders (“Rot-Weiß-Rot – Karte für Start-Up-GründerInnen”).
You should only apply for a residence permit if you only plan a temporary stay in Austria to carry out work lasting more than six months. If you intend to work in Austria for less than six months, a Visa C (for work of up to three months) or a Visa D (for work of up to six months) is sufficient. The residence permit is issued for the duration of your contractual obligation.
Requirements
In order to obtain a residence permit for self-employed persons, you must meet the following requirements, among others:
- 01
A binding contractual agreement must exist
The contract must stipulate the rendering of a precisely defined service which is oriented to a period of six months or longer. In most cases, this will be a work or service contract, but this is not legally required. It does not matter if the contract stipulates the possibility of cancelling the agreement after a period of time which is less than six months.
For example, self-employed activity is considered to exist if you are not involved in or integrated into a company. You have to act at your own risk, especially with respect to the financial and entrepreneurial risk. A characteristic feature is the use of your own operating materials (working devices) and the possibility to work for more than one contractor.
Self-employed activity exists even if you exert a significant economic influence on the decisions of a limited liability company (“GmbH”), for example as the shareholder and managing director of the limited liability company. Self-employed activity is also said to exist if you carry out other activities temporarily in addition to your work as managing director.
In contrast, work done as a salaried employee is considered to exist, for example, if the shareholder of a limited liability company performs work on behalf of the company which is typically carried out within the context of an employment relationship, in which case this does not encompass mere management duties.
The decision as to whether the work involves real self-employed activity is not made according to the outward appearance but assessed in line with the actual economic contents. This means that it depends upon which activities are actually rendered and in which form and not on what is written in the articles of association.
- 02
There must be a contractual obligation to provide a specified service
A binding contract must already exist. The contract must be aimed at the provision of a precisely defined service for a period of six months or more. In most cases, this will be a contract for work - but this is not legally mandatory. It is irrelevant whether the contract provides for a termination option after a period that is less than six months.
Procedure
In any case, you must present the following documents when you submit your application:
- Application form
- Passport
- Passport photo (not older than six months)
- Police clearance certificate
- Health insurance
- Proof of a secure livelihood or sufficient means of subsistence (e.g., salary slips, wage statements, confirmation of insurance benefits, proof of pension payments, retirement and other benefits, investment capital or a sufficient amount of own assets)
- Fees: € 160
Please note
- If necessary, public authorities can demand that you submit other documents as well.
- 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 certificatesyou 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, as a rule they must be translated by a court-certified translator has to translate the documents.
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.