Long term resident
The residence permit "long term resident" entitles the holder to permanent settlement in Austria and free access to the labor market.
The right of residence is unlimited if the settlement in Austria is maintained. However, the residence permit card is issued with a validity period of five years. Therefore, after 5 years the issuance of a new residence permit card must be applied for.
Who can receive a „long term resident – EU“?
The residence permit „long term resident“ can be issued to third-country nationals if they
A stay in Austria while holding one of the following residence titles counts as a settlement:
- red white red card („Rot-Weiß-Rot – Karte“)
- red white red card plus („Rot-Weiß-Rot – Karte plus“)
- blue card („Blaue Karte EU“)
- settlement permit („Niederlassungsbewilligung“)
- settlement permit artist („Niederlassungsbewilligung – Künstler“)
- settlement permit special cases of gainful employment („Niederlassungsbewilligung – Sonderfälle unselbständiger Erwerbstätigkeit“)
- settlement permit researcher („Niederlassungsbewilligung – Forscher“)
- settlement permit except gainful employment („Niederlassungsbewilligung – ausgenommen Erwerbstätigkeit“)
- settlement permit relative („Niederlassungsbewilligung – Angehöriger“)
- family member („Familienangehöriger“)
as well as the stay as a
- recognized refugee (§ 3 AsylG)
- person enjoying subsidiary protection (§ 8 AsylG)
Certain times of stay can be partially credited. Half of the time spent on the basis of a stay permit (for example as a student) will be credited if the applicant is now entitled to settlement in Austria.
Persons entitled to settle may be able to take into account the entirety of immediately preceding periods of residence under certain circumstances. This is especially the case if the previous stay was legal on the basis of a residence permit or residence permit plus (according to the Asylum Act) or according to the provisions of Union law.
What are the requirements for a "long term resident"?
The general and special conditions for the granting of a residence permit must be fulfilled.
Further information on the general requirements can be found here. You will find a list of the necessary documents in the respective application form.
How long is a "long term resident – EU" valid? Can it become invalid?
With the residence permit "long term resident" third-country nationals have an unlimited right of residence in Austria as long as they are settled in Austria.
According to the provisions of the Settlement and Residence Act (NAG), a residence permit "long term resident" becomes invalid if the holder stays outside the EEA territory for more than 12 consecutive months. This happens by law, i.e. automatically.
For reasons worthy of special consideration, one can stay outside the EEA territory for up to 24 months. Such reasons are, for example, a serious illness, the fulfilment of a social obligation or the performance of military or civilian service or a comparable service.
The competent residence authority in Austria assess whether such a reason.
If there is no reason worthy of special consideration, the residence permit "long term resident" becomes invalid after 12 months without residence in the EEA territory. Even if there is a reason worthy of special consideration, the residence permit becomes invalid at the latest after 24 months without residence in the EEA territory. The residence authority does not have to pronounce or determine the expiration separately.
If the holder is no longer resident in Austria but in the EEA territory, the residence permit "long term resident" becomes invalid after six years.
Please note: Switzerland is not part of the EEA area.
What can I do if I am not sure whether my residence permit "long term resident – EU" has become invalid? What can I do if an authority is of the opinion that my "long term resident – EU" has become invalid and I do not agree?
If the validity of the card proving your residence permit "long term resident" runs out within the next three months, you can apply for an extension. Then the authority will assess in the renewal procedure whether the title has become invalid.
If this is not the case, you can apply for a declaratory decision at the residence authority in Austria. This is called a Feststellungsbescheid in German. With the declaratory decision, the residence authority makes a binding decision for all authorities as to whether a residence permit "long term resident" exists or not.
You have to submit proof of your residence in the EEA area on your own initiative to the authority. Evidence includes, in particular, border control stamps.
You can obtain information on your specific case from the competent residence authority in Austria.
My residence permit "long term resident – EU" has become invalid. Can I enter Austria?
If your residence permit "long term resident" has become invalid, you currently do not have a residence permit for Austria. Therefore, you can no longer enter Austria without further ado. Please enquire about the necessary requirements before you plan to enter Austria.
My residence permit "long term resident – EU" has become invalid. I would like to live in Austria again. What options do I have?
If you want to live in Austria again, you have to apply for a new residence title. In your case there is a special residence title, namely a "Red-White-Red - Card plus" according to § 41a Abs.6 NAG. This residence permit can only be issued if the general requirements for issuance are met and there are no obstacles to issuance. The application for this residence title must always be made from abroad.
It is also possible to apply for another suitable residence title.
Information on the individual residence titles, on how to apply, the general requirements for issuance and obstacles to issuance, as well as further information on the right of residence can be found on this page.
Last update: 1 October 2022