Effects on residence due to Brexit for British citizens in Austria
The United Kingdom left the EU at the end of January 31, 2020. The Withdrawal Agreement entered into force on February 1, 2020. The Withdrawal Agreement enables both EU citizens and United Kingdom (UK) nationals, as well as their respective family members, to continue to exercise their rights derived from Union law in each other's territories, for the rest of their lives, where those rights are based on life choices made before the end of the transition period (i. e. before 31 December 2020). Beneficiaries have received the “Artikel 50 EUV” residence permit for this purpose. This enables them to continue living, working and studying in Austria. It is also possible to acquire a permanent right of residence.
Below, you will find brief answers to frequently asked questions about the (continued) right of residence in Austria.
Have you read our information carefully? If your question has not been answered, you can contact us via the contact form .
Permanent right of residence according to the Withdrawal Agreement
Family reunification
Late application
Permanent right of residence according to the Withdrawal Agreement
I am a British citizen and would like to extend my right of residence. What do I have to do?
If you are the holder of a residence permit “Artikel 50 EUV” with a validity period of 5 years you should apply for an extension before the 5 years expire. You won´t receive a reminder. Therefore, please make a note of this deadline and set a reminder in your calendar. However, a later application does not automatically lead to the loss of your right of residence.
If you have already acquired a permanent right of residence, you must submit a new application to the competent settlement and residence authority at your place of residence.
You have acquired a permanent right of residence if you
- have fulfilled the requirements for the right of residence under the Withdrawal Agreement for 5 years (were/are employed or self-employed in Austria or can provide sufficient means of subsistence and a comprehensive health insurance cover) and
- lived in Austria for 5 years without interruption. The periods before and after the BREXIT are added together.
The competent authority where you can submit your application can be found on the oesterreich.gv.at page .
You can download the application form (pdf, 368 KB).
If you can prove that you meet all residence requirements, you will receive an “Artikel 50 EUV Daueraufenthaltsrecht”. The residence permit card is issued for 10 years.
You should also apply for an extension of the residence permit card after 10 years. If you miss the deadline, you won´t lose your right of residence. However, it is recommended that you always have current proof of your right of residence with you. You won´t receive a reminder. Therefore, please make a note of this deadline and set a reminder in your calendar.
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When can I apply for the “Artikel 50 EUV Daueraufenthaltsrecht”? Can I submit the application earlier than three months before my “Artikel 50 EUV” expires?
Yes, if you have a residence permit "Artikel 50 EUV" with a validity period of 5 years, you can apply for an extension up to three months before the 5 years expire.
If you acquire a right of permanent residence before your "Artikel 50 EUV" expires, you can apply for an extension earlier - i.e. from the time on you acquire the right of permanent residence. However, an extension at a later date won´t affect your right of residence.
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Where can I apply for the “Artikel 50 EUV Daueraufenthaltsrecht”?
You must submit the application in person to the competent settlement and residence authority. The competent authority is the provincial governor (Landeshauptfrau/Landeshauptmann), the mayor (Magistrat) or the district governor (Bezirkshauptmannschaft). Which authority is responsible depends on where you live.
In Vienna you have to submit applications to the Magistratsabteilung 35 (MA35). You can book an appointment here online: MA 35 Online-Terminvereinbarung für Erstanträge auf Aufenthaltstitel - Stadt Wien .
The personal application is necessary because the authority has to check your identity and take fingerprints.
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Is there an application form?
The application form is available in the German version (pdf, 377 KB) and the English version (pdf, 368 KB).
Guidance on how to fill it in and what to bring with you are available in
If you need further assistance or have questions, please contact your local authority.
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What documents do I need?
You can prepare documents that you will need in any case. This is:
- Your residence permit “Artikel 50 EUV”. Please bring your card with you.
- A valid passport. Please ensure that you have a valid passport when submitting your application (e.g., name change). There is no minimum validity period for passports when submitting an application.a document to proof a family relationship.
- A passport photo not older than 6 months. The passport photograph has to be 35 millimetres wide and 45 millimetres high.
- A filled and signed Application form.
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What are the fees for the application for a residence permit "Artikel 50 EUV Daueraufenthaltsrecht"?
The application for a residence permit "Artikel 50 EUV Daueraufenthaltsrecht" is subject to a charge of EUR 91,00 (for persons aged under 16: EUR 39,00).
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What happens if the authority reject my application for “Article 50 EUV permanent residence”? Do I have to leave Austria immediately?
No, you do not have to depart immediately.
The answer depends on whether you meet the requirements for a “normal” extension of your “Article 50 EUV” with a card validity of five years.
If you cannot prove that you lived in Austria continuously for five years, taking into account permitted absences, and have continuously fulfilled the requirements for the right of residence in Austria under the Withdrawal Agreement, the authority cannot automatically grant you a permanent right of residence. This is the case, for example, if you live in Austria as a non-working person and cannot prove that you have had continuous insurance coverage for five years.
If you now meet all the requirements under the Withdrawal Agreement again, the Settlement and residence authority issues a residence permit “Artikel 50 EUV” for a further five years. This is the case if you are employed or self-employed in Austria, or if you have sufficient means of subsistence and can prove sufficent health insurance coverage. You must inform the authorities that you agree on that. The authorities are not allowed to automatically convert your application.
Note: If you acquire a permanent right of residence before the end of five years by adding up your periods of residence before the new “Artikel 50 EUV” was issued and afterwards, you can also apply for and get a residence permit “Artikel 50 EUV Daueraufenthaltsrecht” issued before the end of the additional five years.
If you do not convert your application, the authority must decide on your application for “Artikel 50 EUV Daueraufenthaltsrecht” by means of an administrative decision. If you consider this decision is not correct, you may lodge an appeal against the decision. You must lodge the appeal with the Settlement and residence authority which issued your decision. The deadline for lodging an appeal is four weeks. An independent court will then review the decision. You can find more information here (information only available in german): Complaints to the administrative courts
If you do not currently meet the requirements for a residence permit “Artikel 50 EUV” in accordance with the Withdrawal Agreement, the Federal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl - BFA) will examine whether you are allowed to remain in Austria. In doing so, it will take into account your private and family ties to Austria (Article 8 ECHR).
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I have a residence permit“Artikel 50 EUV” or an “Artikel 50 EUV Daueraufenthaltsrecht”. How long can I stay abroad without losing my right of residence in Austria?
I do not (yet) have permanent right of residence: If you have a five-year residence permit and are holder of an “Artikel 50 EUV” or an “Artikel 50 EUV - Familienangehöriger,” you may temporarily reside outside of Austria for up to a total of six months. If you have an important reason to leave Austria (e.g. pregnancy and childbirth, serious illness, study or vocational training, or posting to another Member State or a third country), you may stay outside Austria for up to twelve consecutive months on a one-time basis. In this case, you retain your right of residence in Austria under the Withdrawal Agreement.
I have a permanent right of residence: If you are the holder of a permanent right of residence (residence permit “Artikel 50 EUV Daueraufenthaltsrecht”), you may stay outside of Austria for up to five years without losing your status under the Withdrawal Agreement.
I have lost my right of residence: If you have lost your status under the Withdrawal Agreement and still want to live in Austria, you can apply for a residence permit under the Settlement and Residence Act (NAG). There are different residence permits according to the NAG. Following the link to the Migration Platform of the Austrian Federal Government you will find information on all residence permits available.
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Family reunification
I have a residence permit“Artikel 50 EUV” or “Artikel 50 EUV Daueraufenthaltsrecht”. Can my family join me?
My family member is an EEA citizen or a Swiss citizen:
EEA citizens and Swiss citizens can always invoke the right of residence under EU law. You can find further information on the EEA nationals, Swiss nationals and their third-country family members page.
My family member is British or another third-country national:
A requirement for the family reunification according to the Withdrawal Agreement is that the sponsor holds a residence permit "Artikel 50 EUV" or a residence permit "Artikel 50 EUV - Daueraufenthaltsrecht" or has at least applied for it in time.
Here you will find an overview of the persons who you can sponsor due to the Withdrawal Agreement:
- Spouses or registered partners where the marriage or registered partnership already existed before 31 December 2020, if the move to Austria for their first time
- Legitimate or adopted children, grandchildren, etc. up to 21 years of age
- Legitimate or adopted children, grandchildren etc. over 21 years of age, if they are granted maintenance
- Parents, grandparents, etc. if they are granted maintenance
- Persons whose presence is necessary for the holder of the residence permit "Artikel 50 EUV" or "Artikel 50 EUV - Daueraufenthaltsrecht" so that the sponsor is not deprived of his or her right of residence granted under the Withdrawal Agreement.
These persons may apply for an "Artikel 50 EUV - Familienangehöriger" residence permit (and subsequently a residence permit “Artikel 50 EUV Familienangehöriger Daueraufenthaltsrecht”) within three months of arrival in Austria.
Each family member - or, in the case of children under the age of 14, their legal representative -must submit the application in person within three months of entering Austria. In the case of birth or adoption in Austria, this date counts as the date of entry.
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Birth/adoption: My child is a British citizen, but was only born/adopted in Austria after the BREXIT. Can he/she obtain a residence permit “Artikel 50 EUV”?
If
- at least one parent is a British citizen with custody rights,
- is holder of a residence permit “Artikel 50 EUV” or an “Artikel 50 EUV – Daueraufenthaltsrecht” and
- provides maintenance,
an application for a residence permit “Artikel 50 EUV Familienangehöriger” must be submitted within three months of birth/adoption. You must submit an application together with your child (in person) to the competent settlement and residence authority.
Here you can find the application form (pdf, 370 KB) and the list of required documents (pdf, 70 KB).
Please do not forget to make an appointment in advance to submit the application to the competent settlement and residence authority.
Each family member - or, in the case of children under the age of 14, their legal representative -must submit the application in person within three months of entering Austria. In the case of birth or adoption in Austria, this date counts as the date of entry.
Note: Children under the age of five and adopted persons whose adoption took place less than five years ago cannot be issued an “Artikel 50 EUV – Daueraufenthaltsrecht” even if the parent/custodian has already acquired a right of permanent residence. The reason for this is that the requirement of a continuous legal residence for five years cannot yet be met due to their age. As soon as this requirement is met, a residence permit “Artikel 50 EUV – Daueraufenthaltsrecht” can and should of course be applied for.
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When and where do my family members have to submit the application?
Each family member – in the case of children under 14 years of age the legal representative – must submit the application in person within three months of arrival in Austria at the latest. In case of birth in Austria, this counts as entry. The personal application is necessary because the authority has to check your identity and take fingerprints.
The competent authority is the provincial governor (Landeshauptfrau/Landeshauptmann), the mayor (Magistrat) or the district governor (Bezirkshauptmannschaft). Which authority is responsible depends on where you live.
For the authority search, visit the website oesterreich.gv.at .
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Is there an application form for the “Artikel 50 EUV Familienangehöriger”?
There is an application form for family members. The application form you need to use can be found here in German language (pdf, 379 KB) and in English language (pdf, 370 KB).
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What documents do I need to apply for the “Artikel 50 EUV Familienangehöriger” or the “Artikel 50 EUV Familienangehöriger Daueraufenthaltsrecht”?
For an “Artikel 50 EUV Familienangehöriger Daueraufenthaltsrecht” you will need:
- Your residence permit “Artikel 50 EUV Familienangehöriger”. Please bring your card with you.
- A valid passport. Please ensure that you have a valid passport available when submitting the application (e.g., name change). There is no minimum validity period for passports when submitting an application.
- Proof of the family relationship regarding the sponsor. This is for example the birth or adoption certificate.
- A filled and signed Application form (pdf, 368 KB).
A detailed list of necessary documents can be found in the information on how to fill out the application form (pdf, 62 KB).
For an “Artikel 50 EUV Familienangehöriger” (eg. For newborn or adopted children) you will need:
- A passport photo not older than 6 months. The passport photograph has to be 35 millimetres wide and 45 millimetres high.
- A valid passport with the current name.
In case of name changes, especially after marriage, partnership registration or divorce, check your passport and apply for a new one if necessary. There is no minimum period of validity of the passport for the application foreseen.
- Proof of the family relationship regarding the sponsor. This is for example the birth or adoption certificate.
- A filled and signed Application form (pdf, 370 KB).
A more detailed list of necessary documents can be found in the information on how to fill out the application form (pdf, 70 KB).
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What are the fees for the application?
The application for a residence permit "Artikel 50 EUV Familienangehöriger"/“Artikel 50 EUV Familienangehöriger Daueraufenthaltsrecht” is subject to a charge of EUR 91,00 (for persons aged under 16: EUR 39,00).
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My family member is British or another third-country national and cannot rely on the withdrawal agreement. Is a reunification possible
If family reunification is not possible under the Withdrawal Agreement, it may be possible under the national provisions of the Settlement and Residence Act (Niederlassungs- und Aufenthaltsgesetz - NAG).
EEA citizens and Swiss citizens and their family members can always invoke their right of residence under EU law. Further information on this can be found on the page about EEA nationals, Swiss nationals and their third-country family members.
Family reunification under the Settlement and Residence Act is possible for the following persons:
- Spouses or registered partners where the marriage or registered partnership was established after 1 January 2021.
- Spouses or registered partners of a holder of a residence permit "Artikel 50 EUV - Familienangehöriger" or a residence permit "Artikel 50 EUV – Familienangehöriger Daueraufenthaltsrecht", even if the marriage or registered partnership already existed before 1 January 2021.
- Legitimate or adopted children up to 18 years of age for holders of a residence permit Artikel 50 EUV - Familienangehöriger" or a residence permit "Artikel 50 EUV – Familienangehöriger Daueraufenthaltsrecht".
These persons may apply for a residence permit "Red-White-Red Card plus" pursuant to § 46 para 1 subpara 2 lit e Settlement and Residence Act (NAG). You can find further information on the "Red-White-Red Card plus" page.
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Late application
I am a British citizen and have already lived in Austria before 31 December 2021. I have not yet applied for the “Artikel 50 EUV” residence permit. What can I do now?
British citizens who intend to stay in Austria for more than six months need a residence permit for Austria. There are various types of residence permits in Austria. A residence permit under the Withdrawal Agreement (“Artikel 50 EUV”) could only be applied for until 31 December 2021.
The Withdrawal Agreement between the EU and the United Kingdom stipulates, among other things, that even a late application for a residence permit "Artikel 50 EUV" can be successful if there are reasonable grounds for the delay. Therefore if you have a reasonable ground for missing the deadline of 31 December 2021, you may still apply for an "Artikel 50 EUV" residence permit now. This is regulated by the Withdrawal Agreement.
Reasonable grounds may exist in particular for
- victims of family/private violence,
- for (minor) applicants whose parents have not applied for them or
- for applicants with proven serious illnesses.
The authority will carefully examine your individual situation and take into account all the circumstances you state.
In any case, please contact your competent authority without further delay to clarify your options.
If you do not have a right of residence under the Withdrawal Agreement, you can apply for another residence permit under the Settlement and Residence Act (NAG). You can find information about all residence permits in Austria on the following pages:
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Last update: 20 October 2025