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Residence & Employment

Right of residence for EU/EEA Nationals in Austria

The following information on the right of residence of EU nationals in Austria applies to EU nationals, EEA nationals and Swiss nationals.

Visa exemption and right of residence
for EU/EEA nationals in Austria
for up to three months

The principle of visa-free travel to another EU member state and the right to stay there applies to all EU nationals for a period of up to three months. This right is encompassed within the principle of freedom of movement within the EU.

For family members (wife/husband, civil partner, children, parents) of EU nationals, visa exemption or visa requirement depends on which nationality they have. However, family members do have the right to enter the country. This means that in principle, it is not allowed to deny them the option to enter Austria (with a visa, if necessary).  

However, family members do have the right to enter the country. This means that in principle, it is not allowed to deny them a visa.   

For third-country nationals who are life partners (unmarried partners in a permanent relationship) of EU nationals, the visa exemption or visa requirement depends on which nationality they have.

 

Residence of EU nationals in Austria
for more than three months
(EU right of residence)

The following EU nationals are permitted to remain in Austria for longer than three months:

  1. Employees or self-employed individuals and their family members who want to live in Austria. People who are seriously and permanently looking for work in Austria also belong to this category. However, this only applies if the search for a job is not considered to be objectively hopeless.
  2. Individuals who do not work but have sufficient financial means and comprehensive health insurance coverage for themselves and their family members.
  3. Individuals who are residing in Austria for purposes of an education (studies, etc.), have sufficient financial means and health insurance coverage for themselves and their family members.

Registration Certificate
(“Anmeldebescheinigung”)

The so-called Registration Certificate (“Anmeldebescheinigung”) provides proof of the right of residence under EU law, i.e., that EU nationals are permitted to live in Austria for longer than three months. The application for the Registration Certificate must be submitted within four months after entering Austria.

The application for the Registration Certificate must be submitted in person to the responsible branch of the Austrian Immigration Authority, the location of which depends on your place of residence. In Vienna, the responsible authority is the Municipal Department 35 (“Magistratsabteilung 35”, in short MA 35). 

Fee: € 15  

 

The following documents must be presented to the competent Immigration Authority when applying for the Registration Certificate (“Anmeldebescheinigung”):

  • Application form
  • Valid EU passport or identity card
  • Residence registration (“Meldezettel”) as proof of your place of residence in Austria
  • Proof of why you are residing in Austria (employment contract, trade register excerpt (“Gewerberegisterauszug”), student record sheet (“Studienblatt”) etc.)
  • If necessary: Proof of sufficient means of subsistence (salary slips, bank account statements, etc.)
  • If necessary: Proof of health insurance coverage (Austrian e-card, European Health Insurance Card, social insurance data sheet (“Versicherungsdatenauszug”), etc.)
  • If necessary: Relevant documents on your family status (marriage certificate, partnership document, birth certificate of children etc.

 

 

Notes and Warning

 

  • Some personal documents (family status, etc.) must be subject to a special legalisation so that these documents are officially recognised. This depends upon the country in which the documents were issued. Here you may find out which type of legalisation is necessary for your documents. Documents from EU countries do not require any legalisation.
  • If personal documents are not available in German or English, they must be translated by a court-certified translator.
  • If you have to show additional personal documents (family status etc.), the fee to be paid may actually be higher than € 15.
  • You may be fined if you fail to apply for the Registration Certificate or submit your application too late.
  • After residing in Austria for five years, you have the right to permanent residence (“Daueraufenthalt”). You can submit an application to your Immigration Authority for a Certificate of Permanent Residence (“Bescheinigung des Daueraufenthalts”). For this purpose, you will have to be prove that you actually lived in Austria for at least five years and have had health insurance coverage during this time.
  • The Registration Certificate does not have an expiration date. You are not required to extend the validity of the certificate as long as you continue to fulfil the requirements.
  • The Registration Certificate is needed for various purposes, for example if you want to apply for the Austrian family allowance (“Familienbeihilfe”), childcare allowance (“Kinderbetreuungsgeld”) or other social welfare benefits.
  • The Registration Certificate does not come in the size of a credit card. It does not look like a driver’s license or an identity card but is an A4 sized document.
  • If you have the Registration Certificate or the Certificate of Permanent Residence, you can also apply for the Photo ID for EEA nationals (“Lichtbildausweis für EWR-Bürger”) at any time. It comes in the size of a credit card and can be used as an identity card. However, you are not required to apply for this type of identification. This identification is valid for a period of five years.

Rights of family members
who are third-country nationals

Family members (wife/husband, registered partner, children, parents) of EU citizens are also entitled to freedom of movement within the EU.

For this reason, they enjoy the right to reside in Austria, and are principally allowed to work in Austria after their entry, provided that they fulfil all requirements. Please note that family members of EU nationals may have to apply for a visa in order to enter Austria, depending upon their nationality. 

People who are third-country nationals and family members of EU citizens must apply for a so-called Residence Card (“Aufenthaltskarte”).


Residence Card
(“Aufenthaltskarte”)

The Residence Card is proof of the right to reside in Austria in accordance within the context of the right of residence under EU law. The application for the Residence Card must be submitted within four months after entering the country. It is valid for a period of five years.

The application for the Residence Card must be submitted in person to the responsible branch of the Austrian Immigration Authority, the location of which depends on your place of residence. In Vienna, the responsible authority is the Municipal Department 35 (“Magistratsabteilung 35”, in short MA 35). 

Fee: € 56

The following documents must be presented when applying for the Residence Card:

  • Application form
  • Valid passport
  • Passport photo which is not older than six months and fulfils EU criteria
  • Residence registration (“Meldezettel”) as proof of your place of residence in Austria
  • Proof that you are a family member of an EU national (marriage certificate, civil partnership certificate, birth certificate of children, etc.)
  • Registration Certificate (“Anmeldebescheinigung”) of the EU national in your family
  • If necessary: Proof of sufficient means of subsistence (salary slips, bank account statements, etc.)
  • If necessary: Proof of health insurance coverage (Austrian e-card, European Health Insurance Card, social insurance data sheet (“Versicherungsdatenauszug”) etc.)
  • If necessary: Other relevant documents on your family status (birth certificate, etc.)

 

 

Notes and Warning

 

  • You are permitted to remain in Austria after submitting an application for a Residence Card. Third-country nationals who are allowed to travel to Austria without a visa still have to pay attention to the number of allowed visa-exempt days. It is no longer necessary to take this into consideration once the application has been submitted for the Residence Card. Other third-country nationals require a visa in order to be allowed to enter Austria at all. However, if you have submitted an application for a Residence Card and your visa expires during this time, you are still permitted to remain in Austria if the EU national in your family is entitled to reside in Austria as well. 
  • After five years of residence in Austria, you are entitled to a so-called Permanent Residence Card (“Daueraufenthaltskarte”), for which you can submit an application to your Immigration Authority. For this purpose, you will have to prove that you have actually lived in Austria for a period of at least five years and that you have had health insurance coverage during this time.  
  • A legal representative (e.g., parents) must personally submit an application to the responsible Immigration Authority on behalf of children who are under the age of 14. 
  • The Residence Card comes in a the size of a credit card. It looks like a driver’s license or an identity card.
  • If personal documents are not available in German or English, they must be translated by a court-certified translator.
  • If you have to show personal documents (family status etc.), the fee to be paid may actually be higher than € 56.

Attention

Some personal documents (family status, etc.) must be subject to a special legalisation so that these documents are officially recognised. This depends upon the country in which the documents were issued. Here you may find out which type of legalisation is necessary for your documents . Documents from EU countries do not require any legalisation.


Settlement Permit
(“Niederlassungsbewilligung”)

A Settlement Permit (“Niederlassungsbewilligung”) allows a person to reside in Austria for a limited time and to work as a self-employed person. This individual is not entitled to work as a salaried employee.

More about the settlement permit

 

 

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Legal foundations: 

  • Visa-exemption/Visa requirement for EU nationals and their family members:
    Sections 15a and 15 b Aliens’ Police Act (“Fremdenpolizeigesetz” -FPG) / EU Visa Policy - Regulation (EU) 2018/1806 
  • Right of residence for EU nationals and their family members:
    Sections 51 ff Austrian Residence and Settlement Act (“Niederlassungs- und Aufenthaltsgesetz” - NAG)
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