General Information

Topic Overview

• Residence Titles
• First Applications
• Applications for extension
• Providing evidence of German language skills ("German prior to immigration")
• Integration Agreement
• Stay Permits
• Residence titles providing time-limited right of settlement
• Proceedings for granting a "Red-White-Red – Card"
• Residence Title Family Member
• Residence titles providing a long-term right of settlement
• Right of Settlement by EU Law
• Documentation for existing residence rights

Residence Titles

• "Residence Permit" (temporary time-limited right of residence)
• "Red-White-Red – Card" (time-limited right of settlement and restricted access to the labour market)
• "Red-White-Red – Card Plus" (time-limited right of settlement and unrestricted access to the labour market)
• "Blue Card EU" (time-limited right of settlement and restricted access to the labour market)
• "Settlement Permit" (time-limited right of settlement and restricted access to the labour market)
• "Settlement Permit – gainful employment excepted" (time-limited right of settlement without access to the labour market)
• "Settlement Permit – Dependant" (time-limited right of settlement without access to the labour market)
• Residence Title "Family Member" (time-limited right of settlement and unrestricted access to the labour market)
• "Long-term Resident – EC" (unlimited right of settlement and unrestricted access to the labour market)
• "Long-term Resident – Family Member" (unlimited right of settlement and unrestricted access to the labour market)

All residence titles shall be issued in card form.

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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,
• Aliens who have lawfully settled in Austria,
• Aliens who (in the past) held Austrian citizenship or citizenship of an EEA country,
• Children within six months after birth, if their mother holds a valid residence title,
• Aliens entitled to enter without a visa, during their permitted stay without a visa,
• Aliens applying for a stay permit as a researcher,
• Holder 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”) and
• Graduates from an Austrian university applying for a “Red-White-Red – Card” while lawfully residing in Austria with a certificate under Section 64(4) of the Settlement and Residence Act

Note:
An application filed in Austria shall not grant a right of residence to 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.

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Applications for extension

Applications for extension have to be filed with the competent local authorities in Austria before expiry of the most recent residence title, but not more than three months earlier; applications thereafter shall be deemed to be first applications (Section 24(1) of the Settlement and Residence Act). Upon justified application, a one-time certificate may be put in the travel document (valid up to 3 months) as evidence that the application for extension was filed in due time.
This certificate implies the right to enter Austria without visa.
After filing an application for extension the applicant may continue to lawfully stay on the Federal Territory.

Competent Authority: Provincial Governor’s Office or the duly authorised district administration bodies (District Administrative or Municipal Authorities).

Information on Competent Authorities First and Extension Applications ( 164 kB)

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Providing evidence of German language skills ("German prior to immigration")

Under Section 21a of the Settlement and Residence Act, third-country nationals, when first applying for a residence title “Red-White-Red – Card Plus”, “Family Member”, “Settlement Permit”, “Settlement Permit – gainful employment excluded” or “Settlement Permit – Dependant” have to provide evidence of German language skills on A1 level according to the Common European Framework of Reference for Languages. Only basic German language skills at beginner level are required.

Evidence of language skills pursuant to Section 21a of the Settlement and Residence Act may be provided by:

• A generally acknowledged language diploma or a course certificate from one of the following institutions:
  • Austrian Language Diploma German
  • Goethe-Institut e.V.
  • Telc GmbH
  • Austrian Integration Fund (AIF)
• A generally acknowledged language diploma or course certificate from an institution, which has been appointed by order of the Federal Minister for European and International Affairs to provide such services within the regional scope of an Austrian consular representation abroad and has been published on the official notice board of such representation, or
• Having fulfilled the requirements of Modules 1 or 2 of the Integration Agreement (i.e. German language skills on A2 or B1 level according to the Common European Framework of Reference for Languages).

The language diploma or course certificate may not be older than one year when being submitted.

Evidence pursuant to Section 21a of the Settlement and Residence Act do not need to be provided by

• Persons who are underage when applying,
• Persons who cannot reasonably be expected to provide such evidence because of their physical or mental health condition; for such condition the third-country national has to provide a medical report issued by a public health officer or by a doctor appointed by the Austrian consular representation, or
• Family members of holders of a residence title “Red-White-Red – Card” pursuant to Section 41(1) of the Settlement and Residence Act (i.e. “highly qualified specialists”), of holders of a residence title “Blue Card EU” or of holders of a residence title “Long-term Resident  – EC”. The latter shall apply only if sponsor originally held a residence title “Blue Card EU”.

Persons, whose proceedings for obtaining a residence title started on or before 30th June 2011, do not need to provide evidence of German language skills before immigration.

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Integration Agreement

The Integration Agreement is intended to enable integration of aliens lawfully settled in Austria. Its purpose is to provide in-depth German language skills, in particular reading and writing skills, with an aim to enable third-country nationals to participate in the social, economic and cultural life in Austria.

The Integration Agreement is comprised of two sequential Modules. Only Module 1 is mandatory when certain residence titles have been granted.

Module 2 is not mandatory, but shall be required for obtaining a long-term residence title (“Long-term Resident – EC” and “Long-term Resident – Family Member”), as well as for obtaining citizenship.

Module 1:

Module 1 is intended to provide German language skills for in-depth basic language use (i.e. language skills on A2 level according to the Common European Framework of Reference for Languages).

Third-country nationals are obliged to complete Module 1 when first granted one of the following residence titles:

• "Red-White-Red – Card" (at the same time fictitious completion, i.e. Module 1 of the Integration Agreement is deemed to have been completed when a “ Red-White-Red – Card” is granted)
• "Red-White-Red – Card Plus"
• "Settlement Permit"
• "Settlement Permit – gainful employment excluded"
• "Settlement Permit – Dependant"
• "Family Member"

Persons not required to complete the Integration Agreement:

• Holders of a Stay Permit
• Holders of a "Blue Card EU"
• Persons holding a Residence Card or Long-term Residence Card (family members of Austrian/EEA/Swiss nationals entitled to move and reside freely).

The compliance term shall start when a residence title was first granted and shall be for the duration of two years.

The following groups of persons are exempted from completing Module 1 of the Integration Agreement:

1. Third-country nationals who are still underage at the time of compliance obligation:
   This covers underage minors (aged 14 years or less), who will still be minors two years after being granted the residence title.
2. Third-country nationals in bad health condition:
   When claiming bad mental or physical health condition, a medical report by a public health officer has to be provided.
3. Third-country nationals, who have declared in writing, that they will not stay in Austria for more than 12 months within a 24 months period:
   By such declaration they also waive the right to file an application for an extension.

Upon application and in consideration of the personal life circumstances of applicants a twelve months grace period for completing Module 1 of the Integration Agreement may be granted.

Module 1 is deemed to be completed if the following conditions have been fulfilled:

• Attendance of German Integration classes and evidence provided by the Austrian Integration Fund (AIF) that such classes were completed successfully (classes are held on A2 level by an institute certified by AIF  ),
   
  Obtaining a generally acknowledged certificate of adequate German language skills; in particular from one of the following institutions:
  • Austrian Language Diploma German,
  • Goethe-Institut e.V., or
  • Telc GmbH.

Evidence of adequate German language skills to complete Module 1 of the Integration Agreement may also be provided by certificates issued by the AIF upon successfully passing an A2 level test according to the Common European Framework of Reference for Languages.

• Finishing a school, graduation from which corresponds to a general university degree pursuant to Section 64(1), University Act 2002, Federal Law Gazette I. No. 120, or to completion of a vocational secondary school,
• Obtaining a residence title “Red-White-Red – Card” (holders of a residence title “Red-White-Red – Card” are deemed by law to have completed Module 1 of the Integration Agreement), or
• Completion of Module 2.

For certain family members the Federal Government shall refund 50 % of the costs of German integration classes up to a maximum amount of €750, if such classes were successfully completed within 18 months of the start of the compliance obligation.

Module 2:

Module 2 is intended to provide German language skills for in-depth autonomous language use (i.e. German language skills on B1 level according to the Common European Framework of Reference for Languages).

Third-country nationals applying for a residence title “Long-term Resident  –  EC” or a residence title “Long-term Resident – Family Member” must have completed Module 2 of the Integration Agreement when filing such application.

There is no general obligation to complete Module 2 for holders of certain residence titles and no sanctions in case of non-completion shall be imposed, but a long-term residence title or citizenship can only be obtained when Module 2 has been completed.

The following groups of persons shall be exempted from the obligation to complete Module 2 of the Integration Agreement:

1. Third-country minors who do not yet attend compulsory school when applying:
   Pursuant to Section 2 of the Compulsory Education Act, compulsory general education starts on 1st September following completion of the sixth year of age.
2. Third-country nationals in a permanent bad health condition:
   When claiming permanent bad mental or physical health condition, a medical report issued by a public health officer has to be provided.

Module 2 is deemed to be completed if the following conditions have been fulfilled:

1. Evidence of adequate German language skills provided by the Austrian Integration Fund (AIF),
2. A generally acknowledged evidence of adequate German language skills; in particular  from one of the following institutions:
   • Austrian Language Diploma German,
   • Goethe-Institut e.V., or
   • Telc GmbH.
      
     Evidence of adequate German language skills to complete Module 2 of the Integration Agreement can also be provided by certificates issued by the AIF upon successfully passing a B2 level test according to the Common European Framework of Reference for Languages.
      
3. Being a minor and attending primary school in the frame of compulsory education,
4. Being a minor attending secondary school and having successfully completed “German” classes,
5. Evidence of attending a compulsory school in Austria for a minimum of five years and having successfully completed “German” classes, or having successfully completed "German" classes at a 9th grade level,
6. Evidence of having successfully completed "German" classes at a school abroad, where "German" is taught at least at a 9th grade level of an Austrian compulsory school, or
7. Passing an apprenticeship final exam according to the Vocational Training Act.

Note:
If requirements of Module 2 are fulfilled, the same is true for Module 1.

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Stay Permits

Purposes:

• Rotational employees
• Seconded employees
• Self-employed persons
• Artists
• Special case salaried employment
• Pupils
• Students
• Social Service Workers
• Researchers
• Family reunification
• Stay permit pursuant to Section 69a of the Settlement and Residence Act.

Documents to be submitted:
You will find a list of the documents to be submitted in the by-law of the Settlement and Residence Act .

Fees:

• Granting fee: €100 (€80 upon application, additional €20 when granted)
  In addition:
• Cost of personalisation (photography and signature): €10

Competent authority: Provincial Governor’ Office or the duly authorised district administration bodies (District or Municipal Administrative Authorities).

Residence Purposes ( 133 kB)

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Residence titles providing time-limited right of settlement

Purposes:

• "Red-White-Red – Card"
• "Red-White-Red – Card Plus"
• "Blue Card EU"
• "Settlement Permit"
• "Settlement Permit – gainful employment excepted"
• "Settlement Permit – Dependant"
• "Family Member"

Documents to be submitted:

The documents to be submitted are listed in the by-law of the Settlement and Reference Act .

Fees:

• Granting fee: €100 (€80 upon application, additional €20 when granted)
  In addition:
• Cost of personalisation (photography and signature): €10

Competent authority:

Provincial Governor’ Office or the duly authorised district administration bodies (District or Municipal Administrative Authorities).

Return to topic Overview

Proceedings for granting a "Red-White-Red – Card"

General information:

The "Red-White-Red – Card" shall be issued to:

• Highly qualified specialists
• Specialists from understaffed professions
• Other highly qualified persons
• Graduates
• Highly qualified self-employed persons.

Such residence title is not subject to the quota system.

When a "Red-White-Red - Card" is issued, Module 1 of the Integration Agreement is deemed to have been completed pursuant to Section 14a(4), clause 4 of the Settlement and Residence Act.

The application must be filed in person either with the competent embassy or directly with the competent authority in Austria after lawful visa-free entry. Pursuant to section 14(1) of the Settlement and Residence Act “highly qualified specialists” shall file their applications in Austria exclusively.

The competent local authorities in Austria shall forward applications from highly qualified employees to the local AES office at the employment site or those from "highly qualified specialists" to the local AES office at the (intended) domicile of applicant. The AES office shall examine special admission requirements and communicate the results to the competent local authority. If applicant has fulfilled the criteria required, and if the work intended matches the applicant’s qualifications, the local authority shall examine all other prerequisites of settlement (general granting requirements) and issue a "Red-White-Red – Card" if such requirements are met.

Applications from self-employed highly qualified persons shall be forwarded by the competent local authority in Austria to the regional headquarter of AES competent for the intended domicile of the self-employed highly qualified person, where an expertise analysing the general economic benefits of applicant’s business activity shall be prepared. If the special criteria for self-employed highly qualified persons have been fulfilled, the local authority, upon receipt of the positive expertise, shall examine all other prerequisites of settlement (general granting requirements) and shall issue a "Red-White-Red – Card" if such requirements are met.

The competent local authority must decide within eight weeks upon granting the "Red-White-Red - Card".

The highly qualified person must collect the residence title in person from the local authority.

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Residence Title Family Member

Third-country nationals, who are family members (spouses and registered partners aged 21 years or more at the time of application, or unmarried minors, including adoptive or step children) of Austrian nationals with restricted right to move and reside freely shall obtain the residence title "Family Member", provided general granting requirements are met.

Other dependants (relatives, also of the spouse or registered partner in direct line, if they receive actual maintenance; life partners providing evidence of a long-term relationship in their country of origin and receiving actual maintenance or other relatives under certain circumstances) may be granted a "Settlement Permit - Dependants" not subject to the quota system, provided the general granting requirements are met. In this case, the sponsor must issue a liability declaration.

Residence Purposes ( 133 kB)

Family Reunification ( 221 kB)

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Residence titles providing a long-term right of settlement

Purposes:

• "Long-term Resident – EC"
  Third country nationals having been entitled to settle in Austria during the recent five years without interruption and having completed Module 2 of the Integration Agreement may apply for the residence title “Long-term Resident - EC”.
   
  The residence title “Long-term Resident - EC” provides unrestricted access to the labour market in Austria.
   
  The permission itself is unlimited; the card documenting the permission must be renewed every five years, however.
   
• "Long-term Resident – Family Member":
  Family members (spouses and registered partners aged 21 years or more at the time of application or unmarried minors, including adoptive or step children), having been entitled to settle in Austria during the recent five years without interruption and having completed Module 2 of the Integration Agreement, may apply for the residence title “Long-term Resident – Family Member”. In the case of a spouse or a registered partner he/she must have lived with sponsor in a marriage/registered partnership for a minimum of two years.
   
  The permission itself is unlimited; the card documenting the permission must be renewed every five years, however.

In certain cases the five year term may be shortened.

Documents to be submitted:

You will find a list of documents to be submitted in the by-law of the Settlement and Residence Act .

Fees:

• Granting fee: €150 (€80 upon application, additional €70 when granted)
  In addition:
• Costs of personalisation (photography and signature): €10

Competent Authority: Provincial Governor’ Office or the duly authorised district administration bodies (District or Municipal Administrative Authorities).

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Right of Settlement by EU Law

1. EEA nationals are entitled to reside in Austria for more than three months under the Directive on Free Movement, if they

• are gainfully employed or self-employed in Austria, or
• have adequate health insurance coverage and adequate means of subsistence for themselves and for their family members
   
  or
   
• attend a school or educational institution and
• have adequate health insurance coverage and adequate means of subsistence for themselves and for their family members.

EEA nationals having the right of residence under EU law, and having stayed on the Federal Territory Austria for more than three months, must register with the authorities within four months after entry.
If the requirements are met the authority shall issue a registration certificate.
After five years of uninterrupted and lawful residence on the Federal Territory, EEA nationals having the right of residence by EU law shall acquire a long-term residence right, irrespective of whether they continue to fulfil the requirements pursuant to Sections 51 and 52 Settlement and Residence Act. Upon application, they shall be issued a "Certificate of Long-term Residence".

2. Dependants of EEA nationals having the right of residence under EU law, who are EEA nationals themselves, shall be entitled to stay for more than three months on the basis of the Directive on Free Movement, if they are:

• Spouses or registered partners,
• Direct descendants of the EEA national or his/her spouse or registered partner aged 21 years or younger, or else older, if they receive actual maintenance,
• Relatives of the EEA national or his/her spouse or civil union partner in direct ascending line, if they receive actual maintenance,
• Life partners in a proven long-term relationship, or 
• Other relatives of sponsor (EEA national) having already received maintenance from sponsor in their country of origin, having already lived in the same household with sponsor in their country of origin and received maintenance there, or being in need of personal care by sponsor due to serious health conditions.

EEA nationals having a right of residence under EU law staying longer than three months on the Federal Territory must register with the authorities within four months after entry. If the necessary requirements are fulfilled, the authority shall issue a registration certificate.

EEA nationals having a right of residence under EU law shall obtain a long-term residence right after five years of lawful residence on the Federal Territory without interruption, irrespective of whether they continue to fulfil the requirements pursuant to Sections 51 and 52 of the Settlement and Residence Act. Upon application, they shall be issued a "Long-term Residence Certificate".

3. Upon application, third-country nationals related to EEA nationals having the right of residence under EU law shall be issued a residence card, provided the necessary requirements have been fulfilled, if they are

• Spouses or registered partners,
• Direct descendants of the EEA nationals or his/her spouse or registered partner aged 21 years or younger, or else older, if they receive actual maintenance, or
• Related to the EEA national or his/her spouse or registered partner in direct ascending line, if they receive actual maintenance.

The application must be filed within four months after entry.

Such persons shall acquire a long-term residence right, if they have lawfully and without interruption resided on the Federal Territory for five years.

Note:
In the cases mentioned in Section 53a(4) and (5) of the Settlement and Residence Act such relatives shall acquire a long-term residence card prior to expiry of the five year period.

Note:
Cases in which an interruption of the five year period shall be disregarded are mentioned in Section 53a(2) of the Settlement and Residence Act.
 
Upon application, relatives with a long-term residence right shall be issued a "Long-term Residence Card" for the duration of ten years. Such application must be filed before expiry of the Residence Card.

4. The following dependants of EEA nationals having the right of residence under EU law shall be issued “Settlement Permits - Dependant”, not subject to the quota system, if they fulfil all necessary requirements:

• Life partners in a proven long-term relationship and
• Other relatives having already received maintenance in their country of origin or having already lived in the same household in their country of origin, or who are in need of personal care by sponsor due to serious health conditions.

The EEA national must issue a liability declaration.

Another option would be granting a "Settlement Permit - Restricted", if qualifications pursuant to the Aliens Employment Act are present and a quota in the quota system is available.

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Documentation for existing residence rights

• Registration certificate: For EEA nationals staying for more than three months (Fee: €15)
• Certificate of Long-term Residence: for EEA nationals having acquired a long-term residence permit (Fee: €15)
• Residence Card: for dependants of a EEA national; for third-country dependants of a EEA national having the right of residence under EU law (Fee: €56)
• Long-term Residence Card: for third-country dependants of a EEA national having the right of residence under EU law and having acquired a long-term residence entitlement (Fee: €56)

Competent authorities: The Provincial Governor’ Office or the duly authorised bodies (District and Municipal Administrative Authorities).

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