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Residency and access to the labour market

I am a British citizen. Can I continue to live in Austria?

In the event of a no-deal Brexit, British nationals living in Austria would lose their right of residence under EU law. In this scenario, a special legal regulation will enable British nationals and their third-country family members in Austria, to obtain a residence permit under the Settlement and Residence Act (Niederlassungs- und Aufenthaltsgesetz) with free access to the labour market under simplified conditions.

British nationals who have been resident in Austria under EU law for less than 5 years will be able to apply for a 'Rot-Weiß-Rot – Karte plus' residence permit. Examination of the application will essentially be restricted to checking whether the applicant poses a risk to public order and security. Applicants shall not have to provide evidence of German language skills when first applying for their residence permit. For the issuing of the residence permit the applicant will be charged an administrative fee of 160 euro (145 euro for children up to 6 years). Possible costs for the attestation or translation of documents are not included.

Moreover, it is possible for British citizens to apply for any other residence permit for which they meet the requirements.

British nationals and their third-country family members who have been legally resident in Austria for over 5 years will be able to apply for permanent residence ('Daueraufenthalt – EU'). Applicants will need to provide proof that they have been legally resident for at least 5 years and will have to meet the general requirements for the granting of a residence permit under the Settlement and Residence Act. These include providing evidence of adequate accommodation, comprehensive health insurance and sufficient financial resources, as well as verification that the applicant poses no risk to public order and security. A regulation issued by the Federal Minister for Europe, Integration and Foreign Affairs will determine whether applicants for the 'Daueraufenthalt – EU' residence permit will need to provide evidence of German language skills.

British nationals must apply for a residence permit within 6 months of the UK (United Kingdom) leaving the EU, but will continue to be legally resident until a decision has been made on their application. Confirmation that an application has been submitted and that the applicant continues to be legally resident can be issued upon request.

I am a British citizen. Can I continue to work in Austria?

UK nationals would lose their unrestricted access to the Austrian labour market when the UK leaves the European Union. A legislative amendment is designed to ensure that British citizens who are or have been employed in Austria continue to have unrestricted access to the labour market after Brexit until they have obtained a residence permit under the Settlement and Residence Act. They must apply for a residence permit within 6 months of the UK leaving the EU.

For holders of a legitimation card ('Legitimationskarte')

Do I, as a holder of a legitimation card, need to apply for an additional residence permit in the event of a no-deal Brexit?  

It is not necessary for holders of Legitimationskarten to acquire any additional residence permit (such as "Anmeldebescheinigung" or other) prior to a no-deal Brexit.

After a no deal Brexit, it is not possible to simultaneously hold a legitimation card and to acquire the residence permits included in the 'Brexit Accompanying Law / Brexit Begleitgesetz'(the 'Rot-Weiss-Rot Karte Plus' and 'Daueraufenthalt-EU', which can be obtained by those in scope via a simplified route).

Family members of a legitimation card holder could however apply for either one of those residence permits during the six-month period following a no-deal Brexit if they would prefer to live in Austria under the terms of one of those residence statuses, rather than under those of a legitimation card holder. However, those individuals would have to surrender their legitimation card as a consequence.

Persons that are entitled to a Legitimationskarte can reapply for a Legitimationskarte after acquiring a residence permit, although privileges and immunities would be restricted. Family members of a person holding a residence permit cannot apply for a Legitimationskarte

I am a British citizen. What will happen if I change employment and consequently lose my legitimation card in the future after the 6-month transition period following a no-deal Brexit? 

In that case, no special rules would apply. The simplified obtainment of the above mentioned residence permits included in the ‘Brexit Begleitgesetz’ are subject to application within 6 months of the withdrawal of the UK from the EU without a deal. In any case, a regular application for a residence permit for third country nationals can be made within 6 months of the loss of the ‘Legitimationskarte’.  Further details of which options would be open to someone in that circumstance are available  on the website migration.gv.at.

Further questions regarding legitimation cards

The British Embassy in Vienna is in close contact with the Ministry for Europe, Integration and Foreign Affairs. Please direct further inquiries via email to vienna.embassy@fco.gov.uk with the word 'Legitimationskarten' in the subject line. Those questions will be passed onto the responsible Austrian authority who will answer them directly.