Validity of residence permits for third-country nationals
Residence permits are usually granted for a limited period of time.
A residence permit is always limited to the end of the validity of the travel document. A shorter time limit than the one stated there can also be based on the application of the third-country national.
Below you will find an overview of the possible maximum period of validity.
First time residence permits
In most cases, first residence permits are issued with a one-year validity period.
The following residence titles are generally issued for a period of two years:
- “red white red card” and “blue card”
However, if the employment contract is valid for less than two years, the residence permit is limited to the duration of the employment contract plus three months.
- “settlement permit researcher”
- Residence permit for students, if at the time of application the student has announced that he/she will participate in a Union or multilateral programme involving mobility measures (e.g. Erasmus) or if the student will be mobile within the EU on the basis of an agreement between two or more higher education institutions
These residence permits depend on the duration of the permit of the reunifying person (sponsor)
- “red white red card plus” for family members of a “blue card” holder
- “red white red card plus” for family members of a “red-white-red - card” holder
- “red white red card plus” for family members of a “settlement permit researcher”
- stay permit “family unity”
In the case of mobility, the residence permit may also be valid for less than one year. The residence permit as a mobile ICT is limited to the duration of the transfer in Austria, at the latest however with the validity period of the "ICT" residence permit of the other member state.
The "Researcher Mobility" residence permit is limited to the duration of the research activity carried out in Austria, at the latest however with the duration of the residence permit of the other member state. It can be issued with a validity period of up to two years.
Renewal procedures
After the first residence title has been granted a new residence permit will generally be granted for the same time as in the first permit in the renewal procedure. It should be noted that the period of validity of an extended residence permit follows the last day of the last residence permit. Only if more than six months have elapsed since the expiry of the validity, the residence permit will start from the date of issue and a decision on legal residence is issued for the interim period.
A residence permit can be issued for three years if,
In other cases, the extended residence permits – like first-time residence permits – are issued with a validity of one or two years.
Permanent residence permit
The residence permit "long term resident - EU" is granted for an unlimited period. This means that the holder is entitled to stay in Austria for an unlimited period as long as he/she is still settled in Austria. The residence permit card, which confirms the right to permanent residence, is limited to 5 years and can be renewed upon application.
Possibility of losing a right of residence
The settlement authority can under certain conditions, withdraw a right of residence with an administrative decision or the right can automatically expire by law.
This is the case, for example, with temporary residence titles if a third-country national is no longer resident in Austria. In this case, the authority must issue an official decision that the settlement in Austria has ended.
The residence title "long term resident – EU" expires automatically if a third-country national is no longer staying in the EEA territory for more than twelve consecutive months.
If there are reasons particularly worthy of consideration, like e.g. a serious illness, third country nationals can stay up to 24 months outside of the EEA area, without the residence permit "long term resident – EU" losing its validity.
If a third-country national has not resided in Austria for six years, but within the EEA territory, the residence title "long term resident – EU" also becomes invalid.
Please also note that Switzerland does not belong to the EEA area.
Last update: 1 October 2022