Austria – Employed worker

Are you a non-EU citizen wishing to work as an employed worker in Austria? You can find information below on the conditions to fulfil and procedures to follow, as well as the rights you can enjoy during your stay.

Mainly highly-qualified workers and other specific categories of workers are admitted to enter Austria for the purposes of employed work.

In general, to work in Austria, you must be in possession of the necessary residence title (or visa in case of short-term economic activities).

In some cases, you may also need to obtain a separate employment permit.

In Austria, there are various residence permits that can be obtained to carry out employed work. To obtain one of these titles, you must meet the specific conditions of the title and prove that you meet the general conditions for residence titles in Austria, in particular:

adequate accommodation corresponding to Austrian standards;
full medical insurance;
adequate means of subsistence.

The most relevant residence titles for employed workers are:

Red-White-Red – Card (Rot-Weiß-Rot – Karte)
Very highly-qualified workers, skilled workers in shortage occupations, other key-workers , Graduates of universities and colleges of higher education in Austria or self-employed key-workers.

Red-White-Red – Card plus (Rot-Weiß-Rot – Karte plus)
Holders of a Red-White-Red – Card or holders of an EU Blue Card after 24 months, holders of a Settlement Permit Researcher after two years.

EU Blue Card (Blaue Karte EU)
Highly-qualified workers who graduated according to International Classification of Education (ISCED) level 5a or 6 and who earn a salary which is at a certain level.

Settlement Permit (Niederlassungsbewilligung)
Holders of the residence title Red-White-Red – Card for self-employed key-workers after 24 months

Long-term resident – EU (Daueraufenthalt – EU)
You must have been entitled to reside in Austria during the last five years without interruption and must fulfil Module 2 of the Integration Agreement.

Temporary Residence Permit – Posted Worker (Aufenthaltsbewilligung –Betriebsentsandter)
You must have a conditional assurance (Sicherungsbescheinigung) or an employment permit as a posted worker.

Settlement Permit – Artist (Niederlassungsbewilligung – Künstler)

Your self-employed or employed activity is of a predominantly artistic character and your livelihood is covered by income earned from this activity. When you intend to be employed, an approval by the regional Public Employment Service is required.

Settlement Permit or Temporary Residence Permit – special cases of dependent gainful occupation (Niederlassungs oder Aufenthaltsbewilligung – Sonderfälle unselbständiger Erwerbstätigkeit)
You perform an activity which is exempt from the scope of application of the Act Governing the Employment of Foreign Nationals. Depending on the type of activity you can apply for a Temporary Residence Permit or a Settlement Permit.

Settlement Permit – researcher (Niederlassungsbewilligung – Forscher)
You perform an activity for a research institution which is exempt from the scope of application of the Act Governing the Employment of Foreign Nationals and you show a hosting agreement entered into with a research institution.

Researcher-mobility

You are already a holder of a residence permit “researcher” of another EU Member State, and your activity in Austria is to exceed 90 days, you will receive residence permit “researcher mobility” provided you perform an activity for a research institution which is exempt from the scope of application of the Act Governing the Employment of Foreign Nationals and you show a hosting agreement entered into with a research institution.

For an activity of less than 90 days (“short time mobile researcher”), you do not need a specific residence permit for Austria.

Temporary Residence Permit – ICT

You are going to be temporarily employed as a key worker in an Austrian branch of your company or group by your employer, you may obtain a residence permit entitling you to residence and taking up employment in Austria.

Mobile ICT

You are already a holder of a residence permit “ICT” of another EU Member State and your activity in Austria is to exceed 90 days, you will receive a residence permit for mobile intra-corporate transferees (long-term “mobile ICT”).

For an activity of less than 90 days, the provisions for posting of workers by EEA and Swiss companies apply (short-term “mobile ICT”). As a short-term “mobile ICT”, you do not need a specific residence permit for Austria.

Where and how to apply

You must, in general, apply for your residence title and visa in your home country before entering Austria. You should submit your application to the competent representation authoritySearch for available translations of the preceding link in your country and wait for the decision.

In specific cases, you can apply in Austria after legal entry and during your legal stay (e.g. if you do not need a visa to enter Austria during your visa free stay; please note that applications for the temporary residence permit ICT must always be made outside Austria).

In order to prolong your residence title or change its purpose in time, you must make an in-country application. Such applications are submitted to the regional administrative authority or magistrate (e.g. in Vienna) before expiry of the most recent residence title. You may be able to wait for the decision while in Austria.

All applications must be submitted in person.

Documents required

Your documents must prove that you meet the specific and general conditions for the residence title.

Your necessary professional qualifications must also be recognised by the competent Austrian authority.

Further requirements

N/A

Duration of validity of permits

Basically a residence title is valid for one year. The residence titles EU Blue Card (Blaue Karte EU), Red-White-Red – Card (Rot-Weiß-Rot – Karte) and settlement permit researcher are valid for a maximum of two years.

Appeals

Applications submitted from outside Austria can be refused by the competent Austrian representation authoritySearch for available translations of the preceding link abroad for formal reasons.

You can appeal against decisions of the representation authority at the Federal Administrative Court.

Appeals against decisions of the regional administrative authority or magistrate can be appealed at the Provincial Administrative Court.

Decisions of the regional Public Employment Service can be appealed before the Federal Administrative Court.

Further appeals can be filed at the Administrative High Court, or the Constitutional Court if the decision was based on unlawful grounds or violated constitutional rights.

Further information

More on working in AustriaSearch for available translations of the preceding link
More on residence permits for non-EU workersSearch for available translations of the preceding link
More on permits for highly-qualified workersSearch for available translations of the preceding link

 

Change of employment

You can change employment during your stay in Austria depending on the residence title you hold.

For example, the Red-White-Red – Card (Rot-Weiß-Rot – Karte) does not allow for a change of employment.

The Red-White-Red – Card plus (Rot-Weiß-Rot – Karte plus) allows for a change of employment.

Long-term residence

To obtain a long-term residence title you must prove settlement in Austria for the past five years and must fulfil Module 2 of the Integration Agreement. Additionally you must prove that you meet the specific and general conditions for the residence title.

No information available at the moment.