Austrian Immigration for Third Country Citizens
Non-EU/EEA Citizens
Procedures for living and working in Austria for nationals of third countries are extensive.
Work Permits
For third country nationals wishing to work in Austria, certain conditions must be met. Austria maintains a strict quota stipulating that the total number of employed and unemployed third country nationals must not exceed (at present) 8 percent of the Austrian labor market. All third country nationals employed under short-term or long-term work permits are included in this quota.
If the quota has not been exceeded, the individual quotas laid down for each province will apply.
Once this quota is exceeded, only specific groups of people can be granted work permits, if the work is considered advantageous to the general public and economic good (specific labor shortages, etc). These special cases are only allowed up until the number of third country employed and unemployed nationals reaches 9 percent of the Austrian labor market.
There are exceptions to these rules:
- Young foreign nationals after gaining a school leaving certificate in Austria when one parent is also working in Austria
- War refugees in the framework of the law governing foreign nationals
- Managers and particularly highly qualified employees (in particular when their employment is accompanied by the transfer of capital and the opening of new branches in Austria)
- Foreign nationals whose access to the labour market is foreseen in bilateral agreements
- Frontier commuters for an employer who has employed them for at least 6 months of the previous year
- Limited seasonal permits in the fields of agriculture, forestry and tourism
- Employees of a foreign employer placed in Austria
- Integrated foreign nationals who have lived in Austria for at least 8 years
Third country nationals who are granted permission to work in Austria will also require a residence permit.
Residence Permits
There are various residence permits that are granted for particular purposes, including different kinds of employment, study, and family reunification. They are either temporary or permanent.
Types of resident permits for third country nationals include:
- Aufenthaltsbewilligung (temporary residence permit)
- Niederlassungsbewilligung (permanent residence permit)
- Aufenthaltstitel "Daueraufenthalt - EG" (for foreign nationals who have legally lived in Austria for at least the last five years
- Aufenthaltstitel "Daueraufenthalt - Familienangehöriger" (issued to residents who have held an Aufenthaltstitel "Familienangehöriger" for at least the last five years
- Daueraufenthaltskarte (for non-EU/EEA spouses and minor children of EU/EEA citizens)
Residence permits must be applied for at an Austrian embassy or consulate in the applicant's home country or an embassy in the country that the serves the applicant's home country.
The documents required for an application are as follows:
- A valid, signed passport
- Copies of previous passports, if applicable
- A completed and signed application form (these forms are only available in German)
- One recent picture in passport format (color, front view)
- Original or notarized copy of a birth certificate
- Original certificate of good conduct/criminal record
- Proof of health, travel, and accident insurance
- Proof of sufficient financial means to support oneself and family, if applicable
- Proof of intended residence (lease agreement, ownership papers)
- Statement of financial liability, if the applicants stay in Austria is sponsored by someone living in Austria
- One set of photocopies of all documents
Documents 5 through 10 must be translated into German by a professional translator.
In addition to these documents, the following must be attached:
Employees
- A work permit issued by the Austrian Employment Service (AMS), a statement of salary or income, and a letter by the employer on company letter-head
Self Employed
- Previous income tax statement, contract letter, business plan, letter of agreements, etc
Students
- Original letter of admission to an eligible Austrian educational institution
Au-Pair
- An Au-Pair contract application signed by both the au-pair and the host family, issued by the AMS
Further documents may be required on a case by case basis.