Residence Permit in Austria for UK Nationals after Brexit – What to do and what to know, Brexit for Britons living in Austria
Austria is beautiful, but the legal situation regarding residence permits in Austria for British is hard to understand
Austria, located in the heart of Europe, is one of the most beautiful, wealthy and safe countries in the world and home to around 11,500 British citizens, around 4,500 of whom live in the area of Vienna.
For these British in Austria who are trying to get through the jungle of regulations it became obvious that acquiring the right information from local authorities – especially if you are not fluent in German – is very difficult.
As most of these Brits and also attorneys realized, unfortunately, there are still no precise and secure regulations or instructions regarding residence titles for UK-citizens after Brexit (e.g. “Anmeldebescheinigung” or the “Aufenthaltstitel”) and provided information by calling the competent authorities often vary.
The “Anmeldebescheinigung” and the Period until 31st of December 2020
If you are already living in Austria you must register within 3 days at the local “Meldeamt”, the paper you get is a so called “Meldebestätigung”.
Based on your stay in Austria there is the possibility to submit an application for the “Anmeldebescheinigung” (registration certificate) until 31st of December 2020. With the “Anmeldebescheinigung” you are entitled to stay in Austria for more than three months. The “Anmeldebescheinigung” gives you right to stay in the medium term.
Filing the “Anmeldebescheinigung” is recommended as it is an additional proof of your stay in Austria and will help smooth the application for the new residence permits later.
Requirements for the “Anmeldebescheinigung” are:
- You must be an Austrian employee or self-employed or student
- You must have sufficient capital for you and your family
- You must have comprehensive health insurance coverage
Competent authority is the “Magistratsabteilung 35” (MA 35). The application must be submitted 4 month after entry to Austria to the competent authority in person.
During COVID we as your attorneys are also legitimated to file this application for you.
Withdrawal Agreement and Effects of Brexit for British citizens in Austria, Period from 1st of January 2021
An Article 50 application according to the “Austrian Niederlassungs- und Aufenthaltsgesetz” is also an option. You will receive a residence permit "Article 50 TEU" in credit card format which is valid for 5 years.
The requirements for obtaining the residence permit are laid down in the withdrawal agreement: In general, you must be employed or be able to afford your stay in Austria without receiving social welfare benefits for yourself and your family members and have comprehensive health insurance. German skills will not be necessary for a continued legal stay.
Due to the lack of regulations and information – if possible – it is recommended to file an “Anmeldebescheinigung” already this year as in the case of a rejection of the application this could have a positive effect on your residence case.
Your Experts for Immigration: Austrian Citizenship & Residence Permit Austria
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