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Temporary residence

"Stay permits” are for temporary, time-limited residence on federal territory for a specific purpose.

The specific purposes are:

  • ICT
  • Mobile ICT
  • Seconded employee
  • Self-employed Persons
  • Researcher-mobility
  • Special Cases of dependent gainful occupation
  • Students
  • Pupils
  • Social Service Employee
  • Volunteers
  • Family Reunification

General Granting Requirements

The following requirements must be fulfilled for any residence title to be granted:

Adequate means of subsistence

The applicant must have fixed and regular own income enabling him/her to cover his/her living costs without resorting to welfare aid from local authorities. At the time of application the regular monthly income must be equal to the amount of the standard rates of the General Social Insurance Act (ASVG).

  • For singles: € 909.42
  • For couples: € 1,363.52
  • For each child additionally € 140.32

Health Insurance Coverage

The applicant must have health insurance coverage providing benefits in Austria.

Adequate accommodation according to local standards

The applicant must provide evidence of a legal title to an accommodation (e.g. by providing a lease contract), considered adequate for his/her family size according to local standards. This is not a requirement for the residence permit “students”, "ICT", "mobile ICT" and “researchers-mobility” and the family members of these researchers, if they already resided  in the other member state with the researcher on the basis of a family reunification permit. However the costs for accommodation will need to be taken into account when showing that the applicant has adequate means of subsistence.

Granting Obstacles

Residence permits may not be granted to an alien if

  1. an upright entry ban according to § 53 FPG was ordered against him or a valid residence prohibition according to § 67 FPG exists;
  2. a return decision of another EEA state or Switzerland exists against him;
  3. a return decision was ordered against him and 18 months have not yet passed since his departure, provided that he has not submitted his application according to § 21 Abs. 1 NAG, after he fulfiled his departure obligation voluntarily;
  4. a marriage, registered partnership or adoption for purposes of residence (§ 30 Abs. 1 or 2 NAG) exists;
  5. the duration of a permissible visa free or visa required stay in the context of § 21 Abs. 6 NAG has been exceeded, or
  6. he was fined legally binding for evading border checks or for entering federal territory illegally during the past twelve months."

Intra-corporate transferee

ICT - Intra-corporate transferee

Mobile ICT - mobile intra-corporate transferee

Seconded employee

AMS approval required: confirmation of employment or employment permit as seconded employee; employment longer than six months

Self-employed person

if the foreign citizen has contracted to perform certain services and the contract covers a period of more than six months; AMS may be involved

Specific cases of gainful employment

if such employment is exempted from the Act Governing the Employment of Foreign Nationals; explanation of exemption circumstances required

Students

  • For regular and extraordinary studies at a public university, a polytechnic institute, an accredited private university, a public or an accredited teachers’ college, an university course, which has at least 40 ECTS credits.
  • For students, who graduated successfully, and now have to complete job training required by law
  • For university courses not intended exclusively for teaching a language
  • Liability declaration permissible
  • For extensions: evidence of successful study or advancement in career training is necessary. This means students must show progress towards their degree.
Note:
Any gainful employment shall be governed by the provisions of the Act Governing the Employment of Foreign Nationals. Such employment must not interfere with the studies, for that matter.

Pupils

  • regular pupils attending a
    • Public school
    • Private school under public law
    • Statutory school under public law
    • Certified non-academic educational institution
  • extraordinary pupils at a public school or private school under public law, in case a first residence permit is issued or in some circumstances the first extension of the permission is issued
  • Regular “Students” attending a public or private adult educational institution under public law
  • Liability declaration permissible
  • Extensions:
    • Evidence of study success is necessary
    • Extraordinary status of the pupil must be changed to regular status at the time of the first extension or in some cases at the latest at the time of the second extension of the permission
Note:
Any gainful employment shall be governed by the provisions of the Act Governing the Employment of Foreign Nationals. Such employment must not interfere with the studies.

Social Service Employee

  • Maximum validity 1 year  (no extension possible)
  • If the social service is not subject to the Act Governing the Employment of Foreign Nationals and is provided by a non-partisan and charitable non-profit organisation
  • If the services are not provided for pecuniary gain
  • A liability declaration from the sponsor organisation the social service employee is working for must be provided
  • Requirement: No residence permit for Social Service Employee has been given for the last three years.

Volunteers

  • Evidence of working for an Organisation in the Framework of the European Voluntary Service must be provided
  • A liability declaration from the Sponsor Organisation the volunteer is working for must be provided

Family Reunification

  • Only spouses, registered partners or unmarried minors including adoptive and step children (spouses and registered partners must be 21 years of age or older when applying) of sponsors holding the following residence permits:
    • ICT - Intra-corporate transferee
    • Mobile ICT - mobile intra-corporate transferee
    • Researcher mobility
    • Special cases of gainful employment (except Au Pairs)
    • Student
  • Family reunification with sponsors of the following residence permits is not possible:
    • Pupil
    • Self-employed person
    • Social Service Employee
    • Seconded employee
    • Special cases of gainful employment (Au Pairs)
    • Volunteers

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