Settlement in Austria
Overview
The Settlement and Residence Act (Niederlassungs- und Aufenthaltsgesetz in short NAG) regulates the stay of foreigners who stay or wish to stay in Austria for more than six months. Foreigners are all persons who are not Austrian citizens.
The Settlement and Residence Act covers the right of residence for EEA citizens, Swiss nationals and their relatives. The respective rights result from the laws of the European Union and are therefore called union rights of residence.
Note on BREXIT
The United Kingdom left the European Union on 31 January 2020 after concluding a withdrawal agreement, which prevented what is called a "hard Brexit" and ensured that the body of EU legislation was preserved in 2020 and that freedom of movement and establishment as well as free access to the labour market remained in existence.
These rights have ended for British nationals on 31 December 2020. Britons who intend to take up residence in Austria as from 1 January 2021 are now subject to the general provisions for third-country nationals.
Irrespective of this, the withdrawal agreement concluded between the European Union and the United Kingdom guarantees legal certainty for British nationals who have settled in Austria by 31 December 2020. A dedicated implementing regulation of the Federal Minister of the Interior assures that they retain their rights of residence. Further information can be found here.
All British nationals have to apply for a new residence title by 31 December 2021. Application forms are available online and can be found here: Application Forms (bmi.gv.at)
Further information on BREXIT can be found here: Information offered by the Federal Government on the Brexit
The Settlement and Residence Act also regulates the right of residence for all other foreigners. The Settlement and Residence Act refers to them as third country nationals. They receive residence permits.
The Settlement and Residence Act lays out the requirements for the granting, refusal and withdrawal of residence permits and Union rights of residence. This page gives an overview of these provisions.
Note
If you have any questions about your application, please contact the authority to which you submitted the application. Only this authority can provide you with information on the status of the proceedings.
For general questions regarding entry and visas in Austria (visas - planned stay up to six months), you can contact our hotline: +43(0)1-53126-3557 from 9.00 to 12.00.
For general questions regarding the right of settlement in Austria (residence permit - planned stay of more than six months) you can contact our hotline: +43(0)1-53126-2744 in the time from 8.00 to 12.00.
If the line is busy, we ask for your understanding. We are trying to answer all inquiries, but this may take some time.
Sampels of residence permits and documentations
Residence permits shall be issued in the form of an electronic residence permit (eAT) in the form of a plastic card like a credit card. In addition to the purpose of residence, the residence permit contains an entry on the holder's access to the labour market (on the back of the document).
The residence permit contains an electronic storage medium (chip) on which personal data and biometric features (photograph and fingerprints) are stored.
Documentations of the right of residence under EU law are partly issued in paper form (registration certificate and certificate of permanent residence) and partly as a plastic card in credit card format (residence card, permanent residence card for family members of EEA citizens and photo ID for EEA citizens). Since July 2020, the residence card and permanent residence card are also issued in the format of the residence permit.
Here you can download current and historical samples of residence titles and documentations issued by Austria under the Settlement and Residence Act.