Residence Permit in Austria: All Methods of Obtaining

Any foreigner who has specific grounds specified in the «Settlement and Residence Act» has the opportunity to obtain a residence permit in Austria. To do this, it is necessary to select the grounds for requesting status (for example, employment, self-employed activity, education, family reunification), prepare a package of documents and apply to the diplomatic mission/consulate of the receiving jurisdiction in their country. If the applicant has the right to stay in the Republic of Austria without a visa or falls into one of the categories determined by the authorities, they have the right to submit an application for a residence permit to the authorized service in their area of residence within the country.

The residence permit is valid for a limited period (usually 12 months), and extension is allowed for most types of residence. After 5 years of continuous stay in the host state with a residence permit of a certain category, one can expect permanent residence, and after 10 years in total – citizenship. Detailed information about the grounds, issuance procedure, processing times, advantages and disadvantages of the Austrian residence permit is presented further in the article.

Austrian Residence Permit – Appearance of the Resident Card

The confirmation of Austrian residence looks like a standard format plastic card, on the front side of which there is a photograph, personal data and signature of its holder, as well as the name and unique number. The document contains information about the validity period, purpose of stay in the country, and an electronic chip with the resident’s biometric data.

The residence permit in the Republic of Austria comes in several types: Aufenthaltstitel (which in turn has a subtype Niederlassungsbewilligung) and Aufenthaltsbewilligung. The latter does not grant the right to apply for permanent residence.

Conditions for Obtaining an Austrian Residence Permit

Basic conditions that must be met for issuing any residence permit in Austria:

• the person’s stay in the host country corresponds to national interests;
• proof of housing availability in Austria is provided (ownership rights or rental agreement), while the house or apartment is considered suitable for living;
• availability of medical insurance paid in the republic and covering all health-related risks;
• the immigrant is not a financial burden for the Austrian authorities;
• granting the residence permit will not significantly affect the republic’s relations with other jurisdictions.

When applying for family residence permits, family members are considered to be the husband/wife or legal partner, as well as biological or adopted unmarried children of the reunifying person (sponsor) who are under 18 years of age. Both spouses must be at least 21 years old at the time of application. For applicants for certain types of residence permits, there is an obligation to complete Module 1 of the integration agreement within two years. This condition means that during this period the applicant must improve their German language skills to at least A2 level and gain basic knowledge about the national values of legal and social order.

Documents for Obtaining Austrian Resident Status

To obtain an Austrian residence permit, you need to submit a dossier to the authorized service, which includes:

• valid foreign passport;
• photograph measuring 35 x 45 millimeters;
• if necessary – civil status registration data (birth, marriage, adoption);
• proof of ownership or rental of living space in Austria;
• medical insurance;
• confirmation of funds availability to cover expenses while staying in the host territory;
• if required – proof of absence of criminal record.

The dossier components should be provided in originals and properly certified copies. Documents must be issued in the national language of Austria or have a German translation. The photo must be color, clear, current (taken no more than six months before application), in portrait format. Depending on the purpose of relocation, the dossier is supplemented with confirmation of the legality of stay in the host territory. For example, to obtain any type of family reunification residence permit, proof of relationship with the sponsor should be provided, and if required – also legal stay in the republic of the reunifying person (confirmation of resident status, for example).

On What Grounds Can One Obtain a Residence Permit in Austria

The Austrian «Settlement and Residence Act» establishes a large list of grounds for obtaining an Austrian residence permit, some of them assume further settlement in the republic, some – only temporary stay. Each type of residence permit has its own conditions and proof of legal stay. In most cases, the application is processed within 8 weeks. Students, volunteers, relatives of EEA and Swiss citizens wait up to 90 days. In general, the authorized body must make a decision within six months after receiving the application.

Residence Permit for Self-Employed Persons

Applicants planning to independently carry out income-generating activities in Austria for more than six months can obtain an Aufenthaltsbewilligung type residence permit. It is mandatory to conclude an agreement for performing specific work in the jurisdiction territory, which is accepted as a supporting document. The Austrian residence permit is valid for the duration of the contract, but not more than a year and can be extended for a maximum of 12 months, does not provide for the possibility of family reunification.

Self-employed persons may be issued a Niederlassungsbewilligung, but as an extension of stay for holders of the «Red-White-Red Card» – individual entrepreneurs and founders of innovative enterprises. Permission for individual employment may be granted to permanent residence holders in another EU state and their relatives, as well as family members of certain immigrants. Such a document is valid for 3 years. Knowledge of German at A1 level or higher and completion of Module 1 are mandatory.

Residence Permit for Social Service Providers

Foreigners who provide education or training services free of charge in an organization that is not a commercial project or political structure can count on Austrian residence. To obtain a resident card, the applicant must provide data that their activity is not regulated by the «Employment of Foreigners Act», a description of the work performed. The host organization must submit confirmation of non-affiliation with political and commercial structures. This type of residence permit may be valid for a maximum of 12 months within a three-year period, does not allow family reunification and application for permanent residence in the future.

Settlement Permit «Researcher»

Residence is granted to holders of a doctoral degree or one providing access to doctoral programs who have concluded an agreement with a specialized institution certified in the republic. To obtain «Niederlassungsbewilligung — Forscher», an agreement with the host organization and confirmation of scientific qualifications should be submitted to the authorized service. The residence permit remains valid for three months longer than the contract period, but not more than two years and, if there are legal grounds, can be extended for a maximum of one year to search for work or create a company.

Settlement Permit «Artist»

This type of residence is available to foreigners who perform paid work in creative fields in Austria. The application for a residence permit must be accompanied by a document on specialized education or confirmation of previous activity, proof of German language knowledge at least at A1 level. Employment requires the submission of an employer’s declaration to the authorized body by the host company. Self-employed persons need to attach to the application a contract for performing orders for at least six months. Upon receiving «Niederlassungsbewilligung — Künstler», the foreigner undertakes to complete Module 1 of the integration agreement. The status is valid for up to a year and can be extended.

Blue Card

Highly qualified workers who have a job offer from an Austrian company can obtain an Austrian residence permit. The applicant must submit proof of qualification or at least 3 years of specialized education, data on the offered income (must not be lower than the average annual indicator in Austria), the host organization provides the employer’s declaration. The residence permit is valid for three months longer than the employment contract period, but not more than two years, can be extended for a maximum of two years, gives the right to apply for permanent residence.

«Red-White-Red Card» («Rot-Weiß-Rot-Karte»)

«Rot-Weiß-Rot-Karte» is valid for no more than two years and can be extended for a maximum of the same period. The Red-White-Red Card provides the opportunity to apply for permanent residence.

Applicants who plan to work in Austria as self-employed and whose business is beneficial to the host jurisdiction (for example, large investments are made, jobs are created/preserved) can count on residence. A business plan, evidence of economic benefit to the country (contracts, bank statements, other) are submitted.

«Rot-Weiß-Rot-Karte» can be obtained by persons planning to create an innovative company in Austria. To open a startup, the applicant must invest at least 30,000 EUR in it, at least half must be personal funds. The company founder must have significant influence on its management, confirmation of this fact (for example, charter) is submitted to the authorized body. It is also required to prepare a commercial license, business plan, proof of product innovation and investments. In addition, the applicant must confirm that they have scored at least 50 points according to criteria established by the «Employment of Foreign Workers Act» – professional training, experience, German language knowledge and others. Evidence includes diplomas, certificates of completion of language courses and other documents.

This type of residence permit is also provided to employed foreigners who are determined by the State Employment Service as key ones – highly qualified specialists, representatives of scarce professions, holders of local university diplomas and others. The applicant must score from 50 to 70 points (depending on the situation) according to criteria in accordance with the above-mentioned law. This condition does not apply to graduates of Austrian universities and permanent workers. In addition to the basic dossier, it is necessary to submit to the authorized service a diploma from an Austrian university, evidence of having the required number of points, employer’s declaration, other supporting documents according to the situation.

Residence Permit for Pupils and Students

Pupils or students of Austrian educational institutions – public or private schools, other certified educational institutions, colleges, universities – can apply for residence. The residence permit belongs to the Aufenthaltsbewilligung type and is issued for up to twelve months, available for extension for the same period. To obtain a resident card, data on admission to an educational institution is submitted (for example, a letter from the educational institution).

Settlement Permit Without Employment Possibility

Several categories of immigrants can apply for «Niederlassungsbewilligung — ausgenommen Erwerbstätigkeit» residence permit. A residence permit is issued to persons who have EU permanent residence in another union country, their spouses and children. Retired diplomats or other persons who previously enjoyed certain privileges and have regular income not lower than the level established by the «Social Insurance Act» can count on such a residence permit. Settlement permit without employment is also provided within the quota to financially independent persons, provided that their monthly monetary allowance is at least twice the established indicators.

All listed persons must know the national language at A1 level or higher. Evidence of legality of obtaining a residence permit depends on the grounds – for example, marriage certificate, certificates of regular income availability in the required amount. The status is issued for up to twelve months with the possibility of extension, while the immigrant undertakes to complete Module 1 of the integration agreement.

Residence for Family Members

Family members of a citizen of this state, another country of the European Economic Area (EEA) or Switzerland living in the republic can obtain Austrian residence. The applicant must demonstrate German language proficiency at A1 level or higher, provide documentary confirmation of kinship and subsequently complete Module 1 of the integration agreement. The residence permit is valid for up to twelve months, can be extended for up to one year if there are grounds, allows the possibility of working in Austria independently or as an employee, applying for permanent residence in the future.

Status Based on Family Ties

Obtaining a residence permit is provided for relatives of a passport holder of an EEA country or Switzerland living in Austria. Settlement permit can be obtained by mother, father, grandmothers, grandfathers who are dependent on the host party. In this case, family connection is allowed both with the sponsor and with their spouse or legal partner. The norm also extends to those who are in long-term relationships with the reunifying person and receive money from them for living, other close ones who previously lived with them in the jurisdiction of origin, received money from them or need care due to health conditions.

Additional requirements for applicants for «Niederlassungsbewilligung — Angehöriger» – German language proficiency at basic level (A1), it will also be necessary to complete Module 1 of the integration agreement. When submitting the dossier, the sponsor must provide a declaration of responsibility – an obligation to support relatives and reimburse the authorities for expenses in case of their deportation. The status is valid for up to 12 months and can be extended.

«Aufenthaltsbewilligung — Familiengemeinschaft» Residence Permit

This status is intended for persons who are family members of a third-country citizen who has been granted an Austrian residence permit based on intra-corporate transfer, research mobility, university admission, special employment cases. The document is valid during the validity period of the sponsor’s residence permit, but not more than twelve months, extension is allowed, the resident is allowed to work in Austria.

«Red-White-Red Card Plus»

Those who have held a «Red-White-Red Card» or Blue Card for at least 24 months and have worked in the host jurisdiction for at least 21 of them have the right to obtain this type of residence permit. Family members of permanent residence holders, and in certain situations – temporary Austrian residence permit holders, can apply for such a residence permit. When accepting the application, the authorized body requests confirmation of German language knowledge at basic level.

The residence permit of this category is issued for one year and provides free access to the Austrian labor market. If the applicant has legally resided in the republic for at least 2 years and completed Module 1, they can acquire status for 36 months. The validity period of the residence permit for persons who received it within family reunification depends on the validity period of the sponsor’s residence.

Stages of Obtaining a Residence Permit in Austria

Document collection. It is necessary to prepare a basic dossier and confirmation of the legality of the grounds for relocation. If local language skills are needed to obtain status, you will need to undergo training and obtain the appropriate document. Language diplomas from certain educational institutions are accepted for consideration, as well as from one of these organizations – Goethe-Institut e.V., Telc GmbH, Austrian Integration Fund. The application form for status can be downloaded from the official website of the Ministry of Internal Affairs.

Dossier submission. As a rule, an application for an Austrian residence permit is submitted by the applicant physically to the diplomatic mission/consulate of Austria in the jurisdiction of residence. Authorized persons check the completeness of the dossier, correctness of document preparation and transfer the application to the responsible service in the republic. In cases established by law (for example, if there is a right to visa-free stay), you can request status at the place of residence in Austria. At the application submission stage, the applicant submits biometric data (fingerprints), the requirement does not apply to children under 6 years of age.

Decision-making by the responsible service. The period for considering the applicant’s petition depends on the type of residence permit requested, completeness of the submitted dossier, presence of errors in documents, and other factors. Usually, a residence permit is processed from 30 days to 4 months. If legislative requirements are met, the authorized body decides to grant status. In case of stay outside the republic, the district administration or magistrate informs the Austrian embassy/consulate where the application was submitted about its satisfaction. The foreigner is sent a written notification about the positive decision on their petition and the possibility to obtain permission to enter the host state, if necessary.

Obtaining the resident card. The applicant who was waiting for a decision on the request outside the republic arrives on the basis of a visa issued by the embassy/consulate or within the visa-free regime. It is necessary to personally contact the authorized body that considered their petition to obtain the resident card.

How Much Does Resident Status Cost

The cost of obtaining a residence permit in Austria includes the following expenses:

• fee for application consideration – 120 EUR;
• grant fee – 20 EUR;
• payment for personalization (taking photos, biometric data, signature) – 20 EUR.

For children under 6 years of age when applying for family residence permits, the first two payments are 75 and 50 EUR respectively.

When calculating how much an Austrian residence permit costs, you should also consider the costs of translation and legalization of dossier components (if necessary), relocation, housing rental, and other expenses. Specialists in international law will select a faster and more financially accessible method of immigration to the EU jurisdiction with the maximum set of rights during consultation.

Rights and Opportunities of Austrian Residents

The Austrian residence permit gives its holder the following main advantages:

• visa-free movement through Schengen zone member countries with the right to stay in their territory for up to 90 days per six months;
• opportunity to receive education, develop business or build a career in favorable conditions (if provided by the type of residence permit);
• access to high-quality Austrian medicine and banking services;
• opportunity to eventually obtain EU permanent residence and Austrian citizenship.

Reasons for Refusal to Grant Residence Permit

According to residents’ reviews, the responsible service will not issue a residence permit in Austria if, at the dossier examination stage, non-compliance with general and/or special requirements for a specific type of residence is revealed, there is a ban on the immigrant’s entry to the republic, violation of the period of stay in the country on a visa or within the visa-free regime. Before submitting the dossier, it is recommended to request from the authorized body a sample of filling out the form and an exact list of documents. A residence permit may be refused, and current residence may be annulled if the Austrian authorities establish that the foreigner poses a threat to national security.

The applicant’s actions in case of refusal to grant them a residence permit depend on the reason for this decision. The possibility of appealing the result of the application consideration or re-submitting the application should be clarified with the authorized body. To avoid errors in document preparation and exclude obstacles to granting residence, it is worth seeking help from lawyers.

How to Extend Residence Permit and Obtain Citizen Status

To extend the residence permit, you should contact the district administration or magistrate at the place of residence in the republic. The application is submitted no earlier than three months before the end of the current document’s validity. After five years of continuous stay in Austria, a foreigner who has confirmed knowledge of the local language at B1 level (Module 2 of the integration agreement) has the right to obtain long-term (permanent) residence. The document is issued for a five-year period, but the status is valid for an unlimited period. To become a passport holder of the host jurisdiction, a third-country citizen must be in its territory for at least 10 years, at least 5 of them – permanently.

Why Austrian Residence Permit is Not the Best Legalization Option

It is possible to obtain an Austrian residence permit exclusively for a specific purpose – if the «Settlement and Residence Act» does not have grounds that correspond to the applicant’s situation, they will be refused relocation. The temporary resident card does not provide the full scope of rights, and the standard naturalization process for obtaining a passport in the republic lasts from 10 years. At the same time, citizens of European Union states can live and engage in any activity within the union without restrictions, including in Austria.

For foreigners, there is an opportunity to obtain an EU passport in the minimum period – from 12 months. We are talking about simplified programs existing in Romania and Bulgaria.