Immigration Series | Austrian residence permit: permit types, right to work, and how to apply

Hallstatt, Austria. There are no fixed quotas for Austrian residence permits, but the issuance rules are very strict. (Image: Dimitry Anikin via Unsplash)

Indians who stay or intend to stay in Austria for more than six months require a residence permit. European Economic Area (EEA), European Union (EU) or Swiss citizens have to request a ‘confirmation of registration of Right of Residence under EU law’ from the competent authority if they want to stay longer than three months in Austria.

In 2020, 34,759 people received an Austrian residence permit. The country is ranked 13th in terms of the number of residence permit cards issued in the EU.

There are no fixed quotas for Austrian residence permits, but the issuance rules are very strict. It is important to note that to become an Austrian resident, knowledge of the German language, at least at the elementary level, is mandatory. When extending the status, your knowledge of the language will have to be improved.

Right to work: A residence permit in Austria can be both with the right to work and without it. There are categories of residence permits for which it is necessary to separately request a work permit. A residence permit without the right to work is issued, as a rule, to wealthy applicants and pensioners. A residence permit with the right to work can also be obtained by shift and seasonal workers, the self-employed and people going on a long-term business trip to Austria.

Types of work residence permits

Red-White-Red Card is issued to highly qualified personnel, representatives of rare professions, citizens holding managerial positions, businessmen, and foreign graduates of Austrian universities.

EU Blue Card provides an Austrian residence permit with the right to work for 2 years.

Red-White-Red Plus Card is issued to family members of holders of the Red-White-Red and Blue cards or foreigners who hold an Austrian permanent residence.

Red-White-Red Card

This card gives the right to reside in the country and engage in independent and non-self-employed skilled work. All applicants must fulfil certain criteria: for example, the applicant's age, education, length of service and level of German-language proficiency.

In order for a foreign employee to receive a Red-White-Red card, the director of the company must be a citizen of the EU and the company should provide jobs for Austrians.

Highly qualified specialists: Highly qualified applicants can get a visa for six months to look for a job. However, it is necessary to score at least 70 points on a special scale, which takes into account many parameters from the duration of training to work experience in the relevant specialty. The income of a highly qualified specialist under an employment contract must be at least €2,551.50 per month before taxes.

Specialists in key positions: For those who have the qualities to hold key leadership positions, there are also cards with the right to work. The card is issued only if the Austrian Employment Service is unable to provide the company with an employee of the same qualification. In this case, the system with confirmation of qualification also works. The income of a specialist in a key specialty must be at least €2,835 per month for persons under 30; and €3,402 per month for persons over 30 years.

University graduates: University graduates who receive a job offer, with the signing of an employment contract, within six months receive a Red-White-Red card. The graduate must fulfil all job requirements and the employer should be willing to pay them at least €2,551.50 per month. In this case, the applicant does not need to collect points and confirm qualifications.

Start-up founders: To obtain this, the applicant will have to go through a special commission of the Labour Department, where the applicant will have to prove the economic benefit of his/her/their entrepreneurial activity for a particular federal land. The applicant must prove capital for the company to be founded amounting to €50,000 minimum with an equity share of at least 50 percent. The processing fee adds up to €160.

Blue Card

The eligibility criteria includes:

- The university that issued the diploma to the applicant must be recognised in Austria;

- The applicant must conclude an agreement with a local employer;

- The applicant's salary must be €66,593 per year before taxes.

Residence permit for financially independent persons

To get this type of residence permit, the applicant will have to provide proof:

- An income of €2,000 per month for each family member;

- A bank account with a deposit of €20,000 for an adult and €10,000 for each child;

- A certificate of no criminal record and a diploma of higher education.

It is important to note that the number of quotas for this type of residence permit is different in individual federal states of Austria.

Special resident permits

Special Residence Permits are issued to:

- Students and schoolchildren;

- Artists;

- Researchers;

- Relatives of residents and citizens of Austria — for family reunification;

Student resident permits

Full-time students of Austrian universities are entitled to this permit that also allows a student to work 20 hours a week. Knowledge of the German language at a basic level is mandatory.

Austrian private residence program

The annual quota for the private residence program is around 300. To be eligible for this, the applicant must fulfil the following requirements:

- Minimum €40,000 in liquid funds in bank account - this amount increase according to the size of the family.

- Provide proof of permanent residential real estate (purchased or leased) where the applicant and the dependents will live.

- Have full-cover health insurance.

- Have German language skills at A1 level.

The processing time is usually three months. Once the application is approved, all non-EU and non-EEA citizens who are planning to stay for more than 24 months will have to sign an integration agreement.

After 10 years of legal residence, and six years in some cases, it is possible to apply for Austrian citizenship.

How to apply

It is mandatory to submit the initial application for a residence permit in person to the Austrian consulate of the applicant’s domicile prior to entry, and await the authority’s decision. It is not possible to submit an application to an external service provider, an embassy of another Schengen State representing Austria or an Austrian Honorary Consulate. In certain countries, you will need to make an appointment to submit the application to the Austrian Consulate.

The decision on the initial application has to be waited for abroad, if necessary, even if the application has been submitted in Austria.

The Consulate will be notified by the competent domestic authority of the outcome of the proceedings and will notify the applicant. If a visa is required for entry in order to collect the residence permit, the application for a Visa D must be submitted to the Consulate within three months of notification.