Residence Titles and Documentation

In Vienna Municipal Department 35 (MD 35) is the only place where all kinds of residence titles are issued. Before 2006 the Federal Police of Vienna issued some types of residence permits (students, spouses of Austrians, artists). With the introduction of the new aliens law (NAG), all kinds of visa for stays up to six months are issued by the embassies, for all kinds of permits over six months Municipal Department 35 is responsible (for people who wish to take residence in Vienna).

• Residence Permit (Aufenthaltsbewilligung)
• Settlement Permit (Niederlassungsbewilligung)
• Residence Titles (Aufenthaltstitel)
• Documentation

Initial Application

To obtain a first residence title applications must be made from abroad prior to entry into Austria. Persons over 14 years have to apply personally at the Austrian representation agency in charge (such as embassies, general consulates, but not honorary consulates or cultural institutes) of the country where they live. In principle it is not possible to obtain a residence title if you have entered the country with a visa category C (short-term stay or travel visa).

Residence Permit (Aufenthaltsbewilligung)

Residence permits are given for a certain purpose and will not be extended after the purpose is fulfilled. Some kinds of "Aufenthaltsbewilligungen" entitle to bring also spouses and children under 18 years, some do not. All kinds of residence permits are not limited by quota. The following kinds of residence permits are issued for working purposes:

• "Rotationsarbeitskraft" is a person who is sent by his international company to work in Vienna and will be sent to different places if his company decides. A certain work permit is needed, the family is allowed to join.
• "Betriebsentsandter" is sent by his company as a delegate. A certain work permit is needed, the family cannot join.
• "Selbstständiger" has a contract to fulfill a certain job for longer than six months. The family cannot join.
• "Künstler" is an artist who is either employed, then he needs a work permit, or self-employed with different contracts to prove that he will earn enough for his living. Artists can bring their families.
• "Forscher" is issued for research workers who work for a certified research institute. There are regulations about which research instiutes are certified and how those institutes have to make the contracts. Researchers can bring their families.
• "Sonderfälle unselbstständiger Erwerbstätigkeit" is meant for a limited number of professions which are exempted from the provisions laid down in the Foreign National Employment Act, for example priests of certain religions and guest resarchers at universities. They can bring their families.

Other kinds of residence permits:

• "Studierender" is a student at a university. If it is a private university, it has to be accreditated. A student can also work if he has a work permit. For an extension of his "Aufenthaltsbewilligung" it is important to proof the success with his studies. He can bring his family.
• "Schüler" is a pupil at a school, which is open for the pubilc. He cannot bring his family.
• "Sozialdienstleistender" is a person who works for a non-profit organisation for educational purposes. This kind of residence permit can only be issued once for up to one year and will not be extended. The family cannot be brought.

Settlement Permit (Niederlassungsbewilligung)

Third-country nationals (except for EU and EEA citizens) wishing to live in Austria permanently require a settlement permit.

People who want to immigrate because they want to work in Austria have to be key personnel ("Schlüsselkräfte"). All kinds of first applications for a "Niederlassungsbewilligung" are limited by quota.

There are quota for:

• key personnel "Schlüsselkraft"
• "Niederlassungsbewilligung-beschränkt": for people who want to join parents or spouses who are already living and working in Austria with a Niederlassungsbewilligung. There is a limit of age: spouses have to be at least 18 years old, children have to be unmarried and must be under 18 years old.
• "ausgenommen Erwerbstätigkeit": for people who want to immigrate but do not intend to work

People who already have the permanent residence permit "Daueraufenthalt-EG" from another EU-country can apply for "Niederlassungsbewilligung-ausgenommen Erwerbstätigkeit" or "Niederlassungsbewilligung-beschränkt".

Family members with "Niederlassungsbewilligung-beschränkt" can get "Niederlassungsbewilligung-unbeschränkt" after one year of residence, if the spouse of parent, who is already in Austria, has the permit "Niederlassungsbewilligung-unbeschränkt" or "Daueraufenthalt-EG". With this title they have access to any kind of work and do not need an additional work permit.

"Angehöriger" can be given quotafree to certain relatives or partners of Austrians, Swiss or EU-citizens under certain conditions. Their maintenance must be proved by signing a document called "Haftungserklärung" with a validity of five years. People who have "Angehöriger" are not allowed to work, but after gettting a work permit they can change to "Niederlassungsbewilligung-befristet", if there is a quota place.

Residence Titles (Aufenthaltstitel)

• "Familienangehöriger" is a title for spouses and children up to 18 years of Austrian citizens. With this title they have free access to work and do not need an additional work permit.
• "Daueraufenthalt Familienangehöriger" can be issued after five years of uninterrupted residence and fulfilling the integration agreement. It is issued for five years and grants free acces to work without an additional work permit.
• "Daueraufenthalt-EG" can be applied for after five years of continuous legal settlement and fulfilling the Integration Contract. With this kind of title there is free access to any kind of work, no additional work permit is needed.

All kinds of residence permits and settlement permits have the form of a card and are usually issued for one year.

Documentation

Citizens of the European Union and Switzerland have the right to take residence in Austria, if they

• work as employed or self-employed persons
• or have a sufficient health-insurance and sufficient financial means
• or are students or pupils at a university or school (and have a sufficient health insurance and sufficient means).

Before January 1, 2006 they only had to register (with the Meldezettel). Citizens of the EU and Switzerland who come to Austria after January 1, 2006 and intend to stay longer than three months, have to apply at the Municipal Department for Immigration, Citizenship and Registry Offices (MD 35) for a document called "Anmeldebescheinigung". This is a documentation for their right of residence. If they came before January 1, 2006 and registered, they do not need this paper.

For their spouses, children, parents and parents in law, who are not EU-citizens or Swiss, they have to apply for a document called "Aufenthaltskarte", which is issued for 10 years.