Residence, journey and border work: what has modified for UK nationals in Austria from January 1, 2021? – Lexology


Birgit Vogt-Majarek
Accomplice – Austria
Schima Mayer Starlinger
Karoline Saak
Schima Mayer Starlinger

What occurs to British nationals who want to stay and work in Austria, and British enterprise vacationers in Austria now that the Brexit transition interval is over? This text solutions some key questions concerning the guidelines relevant from January 1, 2021.


1.1 Has steering been printed on how UK nationals can get hold of everlasting resident standing and work authorization from 1 January 2021 and what proof of residence is required for present residents to retain their standing?


Austria has printed emergency guidelines that may apply within the occasion of a no-deal Brexit. Extra particularly, the Austrian Parliament adopted a particular regulation entitled "The accompanying Brexit regulation" ("Brexit-Begleitgesetz 2019"), which entered into pressure on March 26, 2019.

The center of this regulation is that Britons residing in Austria should proceed to stay, examine and work in Austria (for newly arrived Britons see three.1 beneath) below situations just like the particular provisions relevant to nationals of america. EEE. A particular regulation of the regulation will enable Britons residing in Austria (and their third nation members of the family in Austria) to acquire a residence allow below the Institution and Residence Act (` `Niederlassungs- und Aufenthaltsgesetz & # 39; & # 39;) with free entry to the labor market below simplified situations:

Britons who’ve resided in Austria below EU regulation for lower than 5 years will be capable of apply for a "Rot-Weiß-Rot – Karte plus" residence allow. The examination of the applying shall be restricted primarily to checking whether or not the applicant presents a threat to public order and security.

Britons and their members of the family from third nations who’ve legally resided in Austria for greater than 5 years will be capable of apply for a everlasting residence allow (“Daueraufenthalt – EU”). Candidates might want to present proof that they’ve been legally resident for not less than 5 years and might want to meet the final necessities for granting a residence allow below the Settlement Act and the residence.

The appliance for these residence permits have to be made no later than six months from the date the UK leaves the EU.

It will seemingly be prolonged to 12 months, in accordance with the Austrian Federal Chancellery's web site and the draft Brexit Regulations, that are nonetheless into consideration by the federal government.


2.1 Do UK workers want a enterprise visa from January 1, 2021?


Regulation (EU) 2019/592 of April 10, 2019 exempts UK residents from the Schengen visa requirement. It applies from the day the UK is now not topic to EU regulation. UK residents can enter and keep within the Schengen space for a most of 90 days per rolling 180 day interval.

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Nonetheless, the European Parliament has linked the visa waiver for UK residents to a corresponding UK regulation guaranteeing the identical rights for EU residents. Due to this fact, there’s a threat that Parliament's resolution shall be revoked if the UK requires a visa for residents of just one EU member state.

The Schengen exemption applies from January 1, 2021.

2.2 What paperwork are required on arrival for enterprise journeys from January 1, 2021?

Beneath present standing, UK vacationers require a passport which should comprise not less than two clean pages; the primary date of issuance of the passport should not be greater than ten years in the past and the passport have to be legitimate for not less than three months after the anticipated date of departure from the Schengen space. A replica of the passport technical sheet (containing the passport photograph) can also be required.

Paperwork concerning the journey itinerary, proof of length and objective of keep are additionally required. For enterprise journeys, extra paperwork could also be required:

an authentic invitation signed by the inviting firm utilizing firm paper (or firm fax or firm letter to embassy / consulate), indicating the aim of journey, date of journey, title, date of beginning and passport variety of the visitor;
proof of employment issued by the employer, on the request of the authorities.

Journey, illness and accident insurance coverage (the restrict of legal responsibility have to be not less than 30,000 EUR and contains the return journey) legitimate for the Schengen space.

2.three Do UK nationals want extra authorization to work for enterprise journey from January 1, 2021 if no settlement is reached?

If a UK-based employer (i.e. and not using a registered workplace or registered workplace within the EU / EEA) sends third nation nationals (third nation / EEA nationals) to Austria, a software for a secondment allow or work allow have to be submitted.

An software for a posting allow have to be filed with the Austrian Company for the Employment of Overseas Staff. A posting allow can solely be granted if:

the wages and dealing situations relevant to workers who can be employed by a nationwide firm in Austria are revered;
the undertaking doesn’t final greater than six months,
the posting of the person overseas employee lasts not less than 4 months; and
the works are usually not carried out by firms within the sectors of civil and structural engineering, set up of buildings, different constructions and rental of building equipment and gear with building personnel 39; operation.

A piece allow or posting allow is mostly not required for UK workers who shall be engaged in short-term work in Austria (after the transition interval) for duties for which by their nature home staff are usually not used. These short-term work providers embrace, for instance, enterprise conferences, visits to commerce exhibits or participation in congresses.

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three.1 Ought to UK nationals be allowed to work and keep in Austria from 1 January 2021?


In Austria, overseas workers can solely be employed if the employer has obtained a piece allow (“ Beschäftigungsbewilligung '& # 39;), a sending allow (“ Entsendebewilligung' '). ), A notification certificates (“ Anzeigebestätigung '') for the worker, or if the worker is in possession of a piece allow ("Arbeitserlaubnis").

An exception exists within the following circumstances:

members of the family of an EU nationwide or a third-country nationwide who has a allow to work in Austria (topic to particular situations);
managers with particular qualifications;
lecturers in worldwide academic establishments (regarding scientific, academic, cultural or social points);
media correspondents.

Relying on the circumstances of the case, the worker might (additionally) have to use for a residence allow.

For Brits who had been already dwelling in Austria earlier than Brexit, see query 1 above.

three.2 If a piece allow is required after January 1, 2021, do quotas apply to the employment of third nation nationals?

Utility for a allow by a home employer (work allow):

No, there are not any basic contingency or quota guidelines (there may be an exception for seasonal staff comparable to farm laborers). Nonetheless, there may be one other sort of restrict to the issuance of labor permits: mainly, a piece allow will solely be issued if no nationwide or European citizen or foreigner already in possession of a piece allow might be discovered. for the job. Permission must be granted if the present and presumed future labor market scenario permits the employment of a overseas nationwide.

Utility for a allow by a overseas worker (work allow):

There isn’t a quota. If the situations are met, a piece allow shall be granted to the overseas worker.

three.three If a piece authorization is required from January 1, 2021, which classes of authorization are generally granted?

The most typical classes are:

Work allow: the grant is determined by the present scenario and the evolution of the labor market. It’s important that no nationwide or European or overseas citizen already in possession of a piece allow might be discovered for the job. A extra exact reply to this query can’t be given with out extra data on the concrete candidate.

Work allow: if a overseas nationwide plans to remain in Austria for greater than six months and needs to begin working right here, she or he can apply for a piece allow offered she or he has particular abilities and data. These can embrace, for instance:

specifically extremely certified candidates (Grasp – particularly in Arithmetic, Laptop Science, Pure Sciences or Know-how, with an annual wage of not less than 41,739 EUR gross)
workers for understaffed professions – see particular regulation on understaffed professions ("Fachkräfteverordnung"), different key workers with not less than a baccalaureate, vocational coaching or different particular data.

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three.four If a piece or residence allow is required from 1 January 2021, how lengthy does the process take?

Work allow: The employer should apply for a piece allow from the competent Austrian public employment service ("AMS"). It takes as much as six weeks to course of or reject the applying. Relying on the circumstances of the case, the worker might also want to use for a residence allow.

Work allow: the overseas nationwide should apply for a red-white-red card (together with a piece allow and a residence allow) from the competent Austrian illustration (embassy or consulate) of their nation of origin or residence . The appliance course of sometimes takes round eight weeks.

three.5 If a piece and residence allow is required from January 1, 2021, what are the federal government charges payable? Work allow (with out residence allow):

Request: round 14.30 euros (relying on concrete circumstances),
Grant: round 6.50 EUR (relying on concrete circumstances),
Attachment payment (payment for supporting paperwork submitted with the applying): EUR three.90 per sheet.

Work allow (red-white-red card):

Request: 120 EUR
Grant: 20 EUR

Personalization payment (fingerprints, photograph scan and signature): 20 EUR


four.1 What are the formalities relevant to British border staff working in Austria however residing out of the country from January 1, 2021?

After the transition interval, UK residents who’ve already exercised their proper of residence in Austria earlier than or who’ve been employed as cross-border commuters in accordance with EU regulation and who proceed to stay or work right here as cross-border commuters after the transition interval proceed to have limitless entry to the Austrian labor market on the premise of the Withdrawal Settlement.


5.1 From what date are third nation nationals entitled to use for everlasting residence?

After 5 years of authorized residence in Austria (topic to particular situations).


6.1 What steps might UK nationals presently take to safe their residence and work standing?

At present (within the absence of particular contingency guidelines):

Set up residence in Austria and request affirmation of registration of the precise of residence below EU regulation ("Anmeldebescheinigung") as quickly as doable. After Brexit, resident Britons ought to in all probability proceed to stay in Austria (see level 1.1);
Apply for everlasting residence if the situations are met (see level four.1);
Apply for Austrian, EEA or Swiss citizenship if the situations are met, however people ought to take into account the general penalties earlier than doing so (together with presumably lack of UK citizenship);
Put together paperwork for household reunification with an EU nationwide, if relevant.


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