Registration of residence permit

In accordance with the current legislation, the residence permits in Austria can be divided into two groups: those that include the right to work and those that allow to stay in Austria, but does not provide access to the Austrian labor market.

I. RESIDENCE PERMIT WITH THE RIGHT TO WORK

  1. Types

The Red-White-Red Card (“RWRK”) for especially qualified specialists

Conditions for obtaining:

  • achievement of the minimum number of points in accordance with Annex A to the Act on employment of foreign nationals. Points are allocated for education, professional experience, knowledge of languages (English or German), age;
  • employment in Austria by profession (a distinguishing feature of this type of permits is that a highly skilled employee must first obtain a visa to find work in Austria with a validity period of six months, and then, while staying in Austria on the basis of that visa, file a petition for issuance of the RWRK under the condition of finding a work by qualification);
  • issuance of such permits is not subject to review by the Public Employment Service as to a possibility of the proposed work to be performed by a person who already has a residence permit and access to the labor market in Austria or by an Austrian citizen.

 

The RWRK for other key employees

Conditions for obtaining:

  • attainment of the minimum number of points in accordance with Annex C to the Act on the employment of foreign nationals. The points are allocated on a similar (but less demanding) criteria as in Annex A;
  • employment in Austria by profession (other key employees should have an employer already before the submission of the application for issuance of a residence permit);
  • admission of other key employees is only possible after checking by the Public Employment Service, which determines whether only the present applicant and not an Austrian citizen or a person who is already having an Austrian residence permit may be employed at this position on the basis of his/her qualifications.

 

Red-Black-Red Cards for self-employed businessman

This type of permit is the most difficult in the process of obtaining because you need to provide a detailed business plan for the proposed business activities in Austria and the permit may be issued only if the immigration authorities will recognize an economic interest of Austria in implementation of these activities.

 

Blue Card-The European Union”

This type of residence permits is governed by the EU Directive and provides for employment in Austria by profession, but without the need to attain a certain number of qualifying points. For this type of permits the minimum wage of 4,174 Euros per month is provided. Unlike the Austrian Red-Black-Red Cards, which for the first time are issued valid for one year, “Blue Cards – the European Union” permits are initially issued for two years.

 

  1. Residence permits for family members of highly qualified professionals and other key employees.

Family members (legal spouses and minor children) of highly skilled professionals may receive the “Red-Black-Red Cards Plus” without a quota and, therefore, free access to the Austrian labor market. Family members of highly skilled workers are exempt from the duty to confirm knowledge of the German language before moving to Austria. They are covered by the Integration Agreement, and they must comply with its Module 1 (Level A2 of the German language) within two years after the issuance of the first residence permit. Persons with a university degree, and children up to 14 years are exempt from performance of the duties of Module 1 of the Integration Agreement. The difference for family members of other key employees (as opposed to members of the families of highly qualified professionals) is that they must prove their German language skills at level A1 before moving to Austria. Exceptions are the same as those for members of families of highly qualified specialists.

 

II. RESIDENCE PERMIT WITHOUT THE RIGHT TO WORK (PRIVATIER)

These residence permits are distinguished with relatively low associated costs. For this type of permits there is no need for presence of an Austrian employer. The following conditions should be met for obtaining that type of permit:

  • availability of the quota. Those permits are subject to quota The quotas are set at the beginning of the year for each federal state and run short vary fast;
  • presence of accommodation in Austria (renting of accommodation is the most appropriate option before obtaining the permit for residence);
  • availability of the necessary funds in one of Austrian banks (for example, for a married couple with two minor children – about 45,000 Euros);
  • availability of health insurance valid in the territory of Austria.

Family members: for each family member you must obtain a separate, own quota.

 

III. PERMIT TO STAY (student residence permit)

Also, the Austrian legislation provides for a permit for a short stay for specific purpose (such as a residence permit as a student [for Austrian schools], students [for students of Austrian institutions of higher education], people of art, etc.) These permits are normally issued valid for one year and are subject to further renewal.