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First Applications

As a matter of principle, first applications for a residence title shall be filed abroad and in person, before entering Austria.

The application must give a detailed indication of the residence purpose.

Inadmissible: filing an application covering several residence purposes, filing several applications simultaneously and filing additional applications while proceedings are still pending.

Evidence of qualifications required has to be provided.

Certain groups of persons may also file first applications in Austria:

  • Family members of Austrian nationals after lawful entry and during lawful residence,
  • Foreign citizens within six months after the end of their lawful settlement in Austria, if they were previously not required to hold a residence permit according to the provisions of the Settlement and Residence Act,
  • Foreign citizens within six months after loss of their Austrian, Swiss or EEA citizenship,
  • Children within six months after birth, if their sponsor is staying legally,
  • Foreign citizens entitled to enter without a visa, during their permitted stay without a visa,
  • Foreign citizens applying for a settlement permit as a researcher and their family members,
  • Holders of a job search visa (Section 24a, Aliens Police Act) applying for a “Red-White-Red Card” pursuant to Section 41(1) of the Settlement and Residence Act (i.e. as “highly qualified specialist”)

But: Foreign citizens applying for a residence permit "ICT" have to apply abroad in all cases.

Note:
An application filed in Austria shall not grant a right of residence to the applicant beyond the time he/she is allowed to stay with or without visa. When the time allowed to stay with or without visa has expired he/she is required to depart and must await proceedings abroad.

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 "ICT" or "mobile ICT".

 

 

 
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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."

Residence Permits

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 accredited private study programme or an accredited private university course (University Act 2005)
  • For university courses not intended exclusively for teaching a language
  • Liability declaration permissible
  • For extensions: evidence of study success 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.

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
    • 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)

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