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: € 1,217.96
• For couples: € 1,921.46
• For each child additionally € 187.93

For Pupils, Students and Social Service Employees:

• For persons below the age of 24 years: € 672,64
• For persons over the age of 24 years: € 1.217,96

More information in german language can be found there: Informationsbroschüre über die Unterhaltsberechnung. 

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 learning 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.

Please 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.

Labour market access of students

If you are a student with citizenship from a third country, you are subject to the Act Governing the Employment of Foreign Nationals and require an employment permit (Beschäftigungsbewilligung). This also applies to marginal employment.

As a student you can receive an employment permit for employment of up to 20 hours a week without a labour market test. Companies have to apply for this employment permit at the Public Employment Service (Arbeitsmarktservice - AMS). Another provision for an employment permit is that the primary purpose of stay is not jeopardized.

PLEASE NOTE:

After having successfully completed a programme of studies in Austria, you can switch from the residence permit "Students" to the Red-White-Red Card. Upon graduation you can file for a one-time renewal of your residence permit for a period of twelve months for your job search or starting a business in Austria.

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
• • A pupil of a school for health care and nursing, insofar as a training course covered by the Gesundheits- und Krankenpflege-Ausbildungsverordnung (Health Care and Nursing Training Ordinance) is being completed
  • Participants in a course for nursing assistance, insofar as training covered by the Gesundheits- und Krankenpflege-Ausbildungsverordnung (Health Care and Nursing Training Ordinance) is being completed
  • 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

Please 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.

Labour market access of pupils

If you are a pupil with citizenship from a third country, you are subject to the Act Governing the Employment of Foreign Nationals and require an employment permit (Beschäftigungsbewilligung). This also applies to marginal employment.

As a pupil you can receive an employment permit for employment of up to 20 hours a week without a labour market test. Companies have to apply for this employment permit at the Public Employment Service (Arbeitsmarktservice - AMS). Another provision for an employment permit is that the primary purpose of stay, attending a school, is not jeopardized.

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

Competent authority

For Application

First applications for a residence title shall be filed with the competent Austrian consular representation (embassy or specific consulates) abroad. Local competence of the consular representation depends on the applicant’s domicile. 

After lawful entry and during lawful residence a permission for students, volunteers, special cases of dependant gainful occupation, researcher mobility and family members of searchers (in special cases) can be applied in Austria.

PLEASE NOTE:

If it can be proven that departure is not possible or unreasonable and there is no impediment to grant, the competent authority may, upon a reasoned request, allow an application to be submitted in Austria in the following cases:

• In the case of unaccompanied minors, to the best interests of the child
• To maintain private and family life

The residence permit "ICT" must always be applied for abroad. However, an application in Austria by the employer is possible.

For granting the permission:

Competent first instance authorities shall be the local Provincial Governor’s Office or the duly authorised district administration bodies (District or Municipal Administrative Authorities). Local competence is governed by the (intended) domicile of the third-country national concerned.

Procedure

If the application has to be submitted to the representation authority abroad, the latter checks the completeness and correctness of the documents submitted and forwards them to the competent authority in Austria. The latter checks whether the conditions for issuing the residence permit are met and, if necessary, refers the matter to the AMS.

If the conditions are met and the competent authority concludes the procedure positively, it shall inform the Austrian representation authority abroad accordingly and, if necessary, instruct it to issue a visa. The Austrian representation authority abroad usually informs the applicant in writing.

The foreigner can enter Austria with the visa and pick up the residence permit personally from the responsible settlement authority.

Information on the duration of the individual procedure can be obtained from the competent Austrian authority. The duration of the procedure depends on the type of residence permit and whether the documents are complete.

Generally required documents

For the residence permit to be granted the following documents have to be submitted:

• Valid travel document (This requirement is waived in the case of a first application of a child within six months after birth, if the child does not yet have a valid travel document)
• Current photo of applicant
• If applicable
  • Birth certificate (for children)
  • Marriage certificate
  • Divorce certificate
  • Certificate of registered partnership
  • Certificate of dissolution of registered partnership
  • Adoption papers
  • Evidence or certificate concerning the family relationship
• Evidence of a legal title to an accommodation according to local standards, including lease or sublease contracts, preliminary property contracts or ownership evidence (except persons, who apply for a permission for students, “ICT”, “mobile ICT” or “researcher mobility” and their family members, if they have already resided with the researcher in another member state)
• Evidence of health insurance protection covering all risks and providing benefits in Austria, including submission of the corresponding insurance policy, unless compulsory insurance coverage exists or will exist
• Evidence of means of secure subsistence (pay slip, pay certificate, employment contracts, certificates of state pension, pension insurance or other insurance benefits, evidence of adequate amounts of invested capital or owned assets)
  Please note: Evidence of social benefits which are only due when the residence title is granted, including welfare aid and differential allowance, are not permissible.
  If applicants rely on benefits or the capacity of obligated third parties, proof of this must be submitted in each case.

The authority may also require you to submit other documents on a case by case basis.
For example, many authorities require the submission of an extract from police records (or a certificate of good standing) in case of first time applications. If this is submitted with the application it can help to speed up the application procedure.

PLEASE NOTE

You have to submit originals and copies of the abovementioned documents. The authorities may request that German or English translations or certified versions of the documents be provided for a thorough examination.

Further information and useful links

Laws and provisions

• Settlement and Residence Act (German)
• Act Governing the Employment of Foreign Nationals (pdf - 649 KB; English)
• Aliens Police Act (German)
• General Social Security Act (German)

Links

• OeAD: study in Austria
• Brochure "Researcher's Guide to Austria"