Migration questions Austria

To obtain a residence permit in Austria, it is necessary to go through several stages and collect a set of documents depending on the type of permit being requested.

 

Documents:

   - Valid passport.

   - Recent passport photo (not older than 6 months).

   - Proof of accommodation in Austria (rental or ownership agreement).

   - Proof of health insurance.

   - Proof of financial independence (for some categories).

   - Completed application form.

   - Police clearance certificate from your country of residence.

   - Depending on the type of visa, additional documents may be required, such as proof of German language proficiency at level A1 or B1, qualification documents, birth or marriage certificates.

 

Review times:

   - The review time for applications can vary, but usually takes up to 6 months. In some cases, such as when applying for a "Red-White-Red Card", the period may be shorter (up to 3 months).

 

Types of residence permits

There are different types of residence permits depending on the purpose of staying in Austria:

   - Red-White-Red Card: for highly qualified specialists, entrepreneurs and other key workers.

   - EU Blue Card: for highly qualified workers who have received a job offer in Austria.

   - Residence permit for students: for those who have entered an Austrian university.

   - Permanent residence: issued after 5 years of continuous legal residence in the country and fulfilling a number of additional requirements, such as knowledge of the German language at level B1 and successful completion of an integration course.

 

Obtaining a residence permit in Austria requires careful preparation and adherence to all formalities. It is recommended to start the process early to avoid delays.

To submit documents for a residence permit in Austria, follow these step-by-step instructions:

 

Determine the need for a visa to enter Austria

- Before submitting documents for a residence permit, check whether you need a visa to enter the country. If a visa is required, first obtain a type D visa, which will allow you to enter Austria to complete the paperwork.

 

 Submission of application

- If you are outside Austria: Submit your residence permit application to the Austrian embassy or consulate in your country of residence. The representation will send your application to the competent authorities in Austria for consideration.

- If you are in Austria (for some categories): You may submit your application to the respective department in Austria, such as MA 35 in Vienna.

 

Review process

- Wait for the application to be processed. During the review process, you may be required to provide additional documents, which can usually be sent later via email. The review time can take several weeks or months.

 

Receiving the residence permit

- After the application is approved, you will receive a notification that you can collect your residence permit. This must be done in person at the designated office in Austria.

 

Important details

- Ensure that all documents are translated into German and legalized.

Citizens of the European Union and the European Economic Area, including Swiss citizens, have certain rights and obligations when living and working in Austria.

 

Right to stay

- Short-term stay (up to 3 months): EU/EEA citizens can freely enter and stay in Austria for the first three months without needing to process any documents.

- Long-term stay (more than 3 months): If you plan to stay in Austria for more than three months, you need to apply for a "Certificate of Registration". This document confirms your right to reside under EU legislation and must be obtained within four months of entering the country.

 

Conditions for staying longer than 3 months

To stay in Austria for more than three months, one must meet one of the following conditions:

- Be employed or self-employed in Austria.

- Have sufficient financial means and health insurance to not rely on social assistance.

- Arrive in Austria for the purpose of studying at an accredited educational institution, also having sufficient means and health insurance.

 

Work

EU/EEA citizens and Swiss nationals can freely work in Austria, both as employees and self-employed individuals. No work permit is required for this. The only thing to do upon arrival is to register at the place of residence within the first three days and then apply for the Registration Certificate within four months.

 

Family members

Family members of EU/EEA citizens who are not themselves citizens of these countries also have the right to reside and work in Austria but need to obtain a "Residence Permit." This document is issued for five years and provides the right to employment.

 

Permanent residence

After five years of continuous and lawful residence in Austria, EU/EEA citizens can apply for a Permanent Residence Certificate, which confirms their right to permanent residence in the country.

 

The required documents and additional requirements may vary depending on the specific situation, so it is recommended to consult official Austrian resources such as oesterreich.gv.at.

For non-EU citizens (third countries), staying and working in Austria involves specific requirements and procedures.

Types of visas and residence permits

   - Short-term visas (up to 6 months): For short-term stays in Austria (such as tourism, visiting relatives, or business trips), citizens of third countries must obtain a category C visa (Schengen visa). This visa allows them to stay in the Schengen area for up to 90 days within 180 days.

   - Long-term visas and residence permits: For stays longer than 6 months, citizens of third countries are required to apply for a category D national visa or one of the types of residence permits (e.g., "Red-White-Red Card," "EU Blue Card," study permits, etc.). These permits allow living and, depending on the type, working in Austria.

Red-White-Red Card

   - For highly qualified workers: This type of permit is intended for specialists with high qualifications who can make a significant contribution to the Austrian economy. The card is issued for two years with the possibility of extension, allowing work for a specific employer.

   - For entrepreneurs and startups: There is also a special category for self-employed individuals and startup founders. To obtain the permit, one must prove sufficient funds and the economic relevance of their activities in Austria.

EU Blue Card

   - This type of permit is granted to highly qualified workers who have received a job offer in Austria with a high salary. The Blue Card allows for working and residing in Austria for up to two years with the option of renewal.

Work permit

   - To work in Austria, citizens of third countries need to obtain a work permit, which is issued depending on the type of their visa or residence permit. Some categories of workers, such as researchers or intra-corporate transferees (ICT), may work without a separate permit if they have the appropriate residence permit.

Health insurance

   - A mandatory condition for obtaining a residence permit is having health insurance that covers all risks. This can be either private or public insurance, depending on your status.

Family reunification

   - Family members of citizens of third countries can apply for family reunification, which allows them to reside and, depending on their status, work in Austria. However, this also requires meeting several conditions, including having sufficient income and housing.

Permanent Residence

 - After five years of continuous and legal residence in Austria, third-country nationals can apply for permanent resident status. This will allow them to live and work in Austria without restrictions.

Integration Measures

 - Obtaining permanent residence and other long-term permits often requires fulfilling integration requirements, such as learning the German language (B1 level) and completing an integration course.

These rules and procedures vary depending on the specific circumstances and the type of residence permit being applied for. For detailed information and current requirements, it is recommended to refer to official Austrian resources, such as oesterreich.gv.at.

Renewing a residence permit in Austria requires meeting certain conditions and completing a set of procedures.

 

When to Apply for Renewal?

 - It is recommended to start the renewal process at least three months before the current residence permit expires. The application can be submitted no earlier than three months before your current permit's expiration date.

 

Documents Required for Renewal

 - Residence permit renewal application: It must be completed and submitted to the appropriate authority.

 - Valid passport: The passport must be valid for the entire duration of the proposed new residence period.

 - Proof of accommodation: Lease agreement or proof of property ownership in Austria.

 - Proof of income: This can include payslips, bank statements, tax returns, etc., verifying your financial stability.

 - Health insurance: Proof of health insurance that covers all necessary risks in Austria.

 - Photograph: A photograph usually meeting passport photo standards is required.

 

Application Process

 - The application for residence permit renewal must be submitted at the same administrative authority where you received your initial permit. Documents must be submitted in person, and an administrative fee will be charged upon submission.

 

Application Review Process

 - After applying, there may be a waiting period for review. Depending on the type of residence permit and circumstances, the process can take several weeks to several months.

 - If any missing documents or issues are identified during the review, you may be given time to address them. It is important to comply with all requirements to avoid rejection.

 

Additional Requirements

 - Integration test: For some types of permits, such as long-term residence, passing an integration test confirming knowledge of the German language and basics of Austrian legislation may be required.

 - Confirmation of previous permit conditions: It is important that during the previous residence period, you fulfilled all conditions related to your permit type (for example, employment under the "Red-White-Red Card").

 

Permanent Residence

 - If you have lived in Austria for more than five years on a temporary residence permit, you can apply for permanent residence. This grants you the right to permanent residence and work in Austria.

 

Special Cases

 - In case of a status change (e.g., change of job or study), it may be necessary to apply for a new type of permit. In this case, it is important to consult with immigration authorities in advance.

 

There are two main types of health insurance in Austria: public and private.

 

Public Health Insurance

 - Who can receive it: Public health insurance is automatically provided to individuals working under an employment contract in Austria. The employer registers the employee in the social insurance system, and part of the insurance contributions is deducted from the salary.

 - Coverage: Public insurance covers a wide range of medical services, including doctor visits, inpatient treatment, emergency help, and partially dental services. It also covers the insured person's family if they reside in Austria.

   - Registration process: Upon employment, the employer registers you in the insurance system, and you receive an insurance card (E-Card), which is used to access medical services.

 

Private Health Insurance

   - Who can apply: Private health insurance is suitable for individuals who cannot use public insurance, such as self-employed, students, retirees, and family members. Private insurance can also be supplementary to public insurance to expand coverage.

   - Coverage: Private insurance can cover additional medical services not included in public insurance, such as treatment by private doctors, specialized examinations, elective treatment abroad, and dentistry.

   - Application process: To apply for private health insurance, you need to choose an insurance company, review the terms of various policies, and submit an application. This can be done online or in person, providing the necessary documents (passport, proof of residence, and possibly medical certificates).

   - Popular insurance companies: Among the popular private insurance companies in Austria are Wiener Städtische, UNIQA, Allianz, and others. You can choose a suitable policy depending on your needs and budget.

 

Student Insurance

   - Features: Students can take advantage of special insurance programs offering favorable conditions and coverage that meet the requirements for obtaining a visa and residing in Austria.

   - Application process: To arrange student insurance, you must submit an application at the nearest ÖGK office or use private insurance companies that offer special policies for students.

 

Procedure for Using Medical Insurance

   - E-Card: After arranging insurance, you will receive an E-Card, confirming your right to medical services under the insurance. The E-Card must be presented when visiting doctors and hospitals.

   - Expense reimbursement: If you have private insurance, you may need to pay for medical services first and then file documents for reimbursement to the insurance company.

Primary paths to obtaining Austrian citizenship include naturalization, citizenship through marriage, birth, or special cases such as outstanding contributions to Austria.

 

Naturalization

   - Residency period: To obtain citizenship through naturalization, continuous legal residence in Austria is required for at least 10 years. In some cases, such as for those who have completed an integration course or have a high level of German language proficiency, this period may be reduced to 6 years.

   - Language requirements: You must demonstrate German language proficiency at level B1 and pass an exam on basic Austrian law and society.

   - Financial stability: The candidate must prove they have sufficient income to live in Austria without relying on state assistance.

   - Absence of legal violations: The applicant should not have serious offenses and must provide a certificate of no criminal record.

 

Citizenship through marriage

   - Minimum marriage duration: If you are married to an Austrian citizen, you can apply for citizenship after 6 years of living together in Austria, with the marriage lasting at least 5 years.

   - Integration: As with naturalization, German language knowledge and understanding of basic Austrian law are required.

 

Citizenship by birth

   - Automatic citizenship: A child born in Austria automatically receives citizenship if at least one parent is an Austrian citizen. If both parents are foreigners, the child does not automatically receive Austrian citizenship.

 

Outstanding contributions

   - Special cases: Citizenship can be granted to individuals with outstanding contributions to Austria in cultural, economic, or scientific fields. In such cases, naturalization can occur faster and without fulfilling all standard requirements.

 

Renunciation of previous citizenship

   - In most cases, to obtain Austrian citizenship, you must renounce previous citizenship, as Austria does not recognize dual citizenship, except in individual cases (e.g., for EU citizens or in the case of obtaining citizenship by birth).

Yes, with a temporary residence permit in Austria, you have the right to leave the country and return. However, there are important features and rules to consider:

 

Periods of stay outside Austria

   - Short trips: A temporary residence permit allows you to travel freely within the Schengen Area countries for up to 90 days within a 180-day period. This means you can leave Austria and stay in other Schengen countries without the need for additional visas.

   - Long trips: If you plan to be outside Austria for more than 6 consecutive months, this may lead to the annulation of your temporary residence permit. In such cases, it is advisable to notify the Austrian authorities in advance and obtain permission for a long absence to preserve the residence permit.

 

Entry to Austria

   - Upon returning to Austria, you must present a valid temporary residence permit and passport. Ensure that your residence permit has not expired at the time of entry into the country.

   - If your temporary residence permit is nearing expiration, it is recommended to renew it before traveling abroad to avoid problems upon your return.

 

Temporary absence and residency requirements

   - To retain the right to renew the residence permit, it is important to comply with the residency requirements in Austria. For example, if your absence from the country exceeds the established period (usually 6 months), this may affect the possibility of renewing your residence permit.

 

Special cases

   - In some cases, such as study or a long business trip, it is possible to obtain special permission for a longer absence from Austria without losing the right to the residence permit. To do this, you need to apply to the local immigration office and justify the reason for your absence.

A refusal to grant a residence permit in Austria can be an unpleasant surprise, but it is important to remember that you have the right to appeal the decision. Here is a step-by-step guide on what to do in case of refusal:

 

Receiving written notification

   - Written notification: In case of refusal, you should be provided with a written notification indicating the reasons for the refusal. This notification is an important document that needs to be carefully studied.

   - Reasons for refusal: Determine the main reason to understand what steps to take next.

 

Filing an appeal

   - Deadlines for filing an appeal: You have a limited time to file an appeal against the decision of refusal, usually 4 weeks from the date of receiving the notification. It is very important to file the appeal within the established timeframe.

   - Appeal procedure: The appeal must be filed in writing to the authority that issued the refusal decision. In the appeal, you should state the reasons why you disagree with the decision and provide additional evidence, if possible.

   - Legal assistance: At this stage, it may be helpful to seek advice from a lawyer who specializes in immigration law to properly draft the appeal and increase the chances of success.

 

Gathering additional evidence

   - If the refusal was related to a lack of documents or evidence, such as proof of income or health insurance, try to gather all necessary additional documents and attach them to the appeal.

 

Review of the decision

   - Waiting for the outcome: After filing the appeal, the case review process begins. Depending on the complexity of the case and the workload of the authorities, the process can take several months.

   - Review results: If the appeal is successful, you will receive the residence permit. If the appeal is rejected, you may be offered additional measures, such as resubmitting the application with the rectification of identified shortcomings.

 

Additional actions

   - Resubmitting the application: If the appeal was not successful, you may consider the possibility of resubmitting the application for a residence permit with the elimination of all reasons for the initial refusal.

   - Alternative options: Other immigration programs that may better suit your situation can also be considered.

 

Consultation with a lawyer

   - If the situation is complex or if the refusal was due to serious reasons (e.g., related to security), it is strongly recommended to consult a qualified immigration lawyer who can help you understand your rights and next steps.

 

In Austria, the need for translators for immigration procedures depends on the specific case, the level of language proficiency, and the requirements of the relevant institutions. In some situations, translators are mandatory, while in others their involvement can significantly ease the process.

 

When might translators be needed?

   - Document submission: When submitting documents for a residence permit, citizenship, or work permit, translation of official documents (birth certificates, marriage certificates, diplomas, etc.) into German is often required. These translations must be done by certified translators to be recognized by Austrian authorities.

   - Interviews and meetings: If you have an interview with immigration authorities or when applying for citizenship and you do not have sufficient command of the German language, you may need a translator to accurately understand the questions and respond to them correctly.

   - Legal consultations: If consultations with lawyers on immigration issues are needed, a translator may be required to understand complex legal terms and accurately convey information.

 

How to find a qualified translator?

   - Certified translators: In Austria, there is a registry of certified court translators who are authorized to perform translations for official purposes. They can be found on websites such as [Gerichtsdolmetscherverband](https://www.gerichtsdolmetscher.at/) or through the database of certified translators on official government portals.

   - Translation agencies: There are many agencies in Austria offering translation services. These agencies can provide both written document translations and interpreters for meetings or court appearances.

   

Additional recommendations

   - Clarification of requirements: Before contacting a translator, it is recommended to clarify with the relevant institution whether an official translation is needed and what specific requirements are imposed on the translation.

   - Timeliness: Plan to order translations in advance to avoid delays in the document submission process, as translation may take some time.