Residence permits for third-country nationals in Austria
- Mar 15
- 4 min read
Who are third-country nationals?
Third-country nationals are persons who are neither EU citizens nor citizens of the European Economic Area (EEA) (Iceland, Liechtenstein or Norway) nor Swiss nationals.
What requirements apply to the residence of third-country nationals in Austria?
Third-country nationals require an Austrian residence permit, if they wish to stay in Austria for more than six months.
This requirement also applies if third-country nationals wish to stay in Austria for more than 90 days as intra-corporate transferees or as holders of an “ICT” residence permit issued by another EU Member State.
Residence permits are always granted for a specific purpose (for example, for employment in Austria).
What residence purposes exist in Austria?
The most important residence purposes in Austria are:
Employment / gainful activity
Family reunification
Educational purposes
What are the requirements for obtaining a residence permit in Austria?
In order to obtain a residence permit for third-country nationals in Austria, the legal requirements for issuance must be met.
Certain general requirements always apply, including in particular:
Proof of secure means of subsistence
Comprehensive health insurance covering all risks and valid in Austria
(For most residence permits) entitlement to accommodation
No threat to public order or security
In addition, each residence permit has its own specific requirements.
Certain documents and supporting evidence must be submitted together with the application for a residence permit.
It is therefore advisable to inform yourself in advance about the various residence permits and employment opportunities in Austria.
Where can an application for an Austrian residence permit be submitted?
As a general rule, a first application for an Austrian residence permit must be submitted in the applicant’s country of residence at an Austrian diplomatic mission (embassy or consulate).
Certain groups of persons may, depending on the type of residence permit sought, also be able to submit their initial application in Austria.
Residence permits for third-country nationals depending on the purpose of stay (selection)
Residence permits for third-country nationals in Austria for the purpose of employment / gainful activity
Red-White-Red Card
Red-White-Red Card Plus
EU Blue Card
Settlement Permit
Settlement Permit – Artist
Settlement Permit – Researcher
Settlement Permit – Special Cases of Employed Work
Residence Permit – Researcher Mobility
Residence Permit – Intra-Corporate Transferee (“ICT”)
Residence Permit – Mobile Intra-Corporate Transferee (“Mobile ICT”)
Residence Permit – Posted Worker
Residence Permit – Self-Employed
Residence Permit – Special Cases of Employed Work
Residence permits for family reunification
Depending on the residence status of the family member living in Austria, the following residence permits may be relevant in particular:
Family Member (residence permit for close family members of Austrian citizens)
Settlement Permit – Relative
Red-White-Red Card Plus
Residence Permit – Family Community
Residence permits for educational purposes
Residence Permit – Student
Residence Permit – Pupil
Residence permits related to BREXIT
Residence Permit “Article 50 TEU”
Residence permits for other purposes
Settlement Permit – Gainful Activity Excluded
Residence Permit – Social Service Worker
Residence Permit – Volunteer
Residence permit for long-term settlement in Austria
Long-Term Residence – EU
What is the Red-White-Red Card?
The Red-White-Red Card enables third-country nationals to settle and work in Austria on a long-term basis. It is intended for:
Highly qualified workers
Skilled workers in shortage occupations
Other key workers (employed)
Graduates of Austrian universities
Self-employed key workers
Persons holding a “Long-Term Residence – EU” permit issued by another EU Member State
Start-up founders
Core employees
The Red-White-Red Card requires achieving a legally defined minimum number of points, for example for education, professional experience, age and language skills.
After submission of the application, the documents are forwarded by the residence authority to the Austrian Public Employment Service (AMS) for review and assessment.
Depending on the specific category of Red-White-Red Card applied for, the AMS must also assess the labour market situation and development, or issue an expert opinion for the granting of an employment permit.
What is the Red-White-Red Card Plus?
The Red-White-Red Card Plus can be obtained, for example, by:
Family members of Red-White-Red Card holders
Previous holders of a Red-White-Red Card
Other groups may also be eligible. The Red-White-Red Card Plus entitles the holder to settle in Austria and to take up employment.
Whether a particular Red-White-Red Card (or Red-White-Red Card Plus) is available for a specific applicant should always be assessed on a case-by-case basis in accordance with the detailed legal requirements. An Austrian lawyer can provide legal advice in this regard.
What are Austrian work visas?
A residence permit is not required, if someone intends to work in Austria only for a short period. In such cases, a work visa may be used.
For seasonal workers, the “Visa for temporary gainful employment” (D-Visa) is available.
Austria has also concluded Working Holiday agreements with certain countries such as South Korea, Taiwan, Japan or Canada.
A researcher work visa allows the holder to carry out scientific activities in Austria.
It is also possible to apply for a job-seeker visa for Austria.
An Austrian lawyer can advise you which residence permit or visa may be appropriate in your specific situation and can represent you before the Austrian authorities.
Attorney for Residence and Employment Law in Vienna
Attorney Dr. Simon Harald Baier LL.M. provides legal advice on Residence permits for third-country nationals in Austria, particularly on Austrian settlement and residence law, employment permits and general employment law matters.
Contact us for legal advice on residence permits and employment in Austria.
The law office will gladly assist you with applications and proceedings before Austrian authorities.
