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Right of residence in Austria for holders of MFA identity cards

Information in other languages: German

With an MFA identity card (Legitimationskarte), you are already legally residing in Austria and do not need any further residence permit or registration certificate.

The Federal Ministry for European and International Affairs (BMEIA) is responsible for issuing, extending, and answering inquiries regarding MFA identity cards. Municipal Department 35 - Immigration and Citizenship (MA 35) is responsible for you in the following case:

  • You already live in Vienna or you will live in Vienna.
    and
  • You do not have Austrian citizenship.
    and
  • You want to apply for right of residence under the Residence and Settlement Act (NAG) (German).

If you have an MFA identity card and want to apply for right to residence in Austria under the Residence and Settlement Act (NAG), the same requirements apply to you as to all applicants. This means you must meet all requirements for your desired residence permit or desired documentation of your Right of Residence under EU law.

Which residence permit or registration certificate is suitable for you depends on your nationality, how long you wish to stay in Austria, and whether you want to work, study, live here with your family or spend your retirement in Austria. You can find out which residence permit is suitable for you by answering our online questionnaire.

Start online questionnaire

Austrian residence permits for third-country nationals with MFA identity cards

If you are a third-country national, have an MFA identity card, and wish to reside in Austria after your retirement, you can apply for settlement permit - gainful employment excepted (Niederlassungsbewilligung ausgenommen Erwerbstätigkeit) for yourself and your family.

If you are a third-country national, have an MFA identity card, and wish to apply for a residence permit under the Residence and Settlement Act instead, you can submit your application for a residence permit in Austria.

If your MFA identity card has already expired or you have already returned your MFA identity card and you want to continue living in Austria, you must submit an application for a residence permit within six months after the expiration or return of your MFA identity card. After submitting your application, you will be legally residing in Austria until your application is decided.

You can also submit the application for a residence permit while your MFA identity card is still valid. If your application for a residence permit is approved, you must return your MFA identity card. To collect your residence permit, you must provide proof that you have returned your MFA identity card.

If you have already resided in Austria for at least two years with a MFA identity card, you can obtain a residence permit for three years. To do this, you must meet the following requirements:

Family reunification

Your family members cannot derive a right of residence under the Residence and Settlement Act (NAG) from your MFA identity card.

Your family members can only derive a right of residence under the Residence and Settlement Act (NAG), if you already have a residence permit or documentation of your Right of Residence under EU law under the Residence and Settlement Act. Or if you simultaneously apply for a residence permit, such as “Long-term resident - EU” (Daueraufenthalt EU) or a settlement permit - gainful employment excepted (Niederlassungsbewilligung ausgenommen Erwerbstätigkeit). Find more information on residence permits for family members on the page "Bringing or joining family - residence permits for your family" (German).

If you apply for a residence permit or documentation of your Right of Residence under EU law and do not receive it, your family members cannot derive their right of residence from you either.

If you leave Austria for a longer period or permanently and your family members do not have residence permits of their own, your family members will need a different residence permit for their continued stay in Austria. Which residence permit your family members need depends on their nationality.

Long-term resident - EU (Daueraufenthalt EU)

Third-country nationals can apply for the residence permit of Long-term resident - EU (Daueraufenthalt EU) after at least five years of continuous residence in Austria with an MFA identity card. Minor children can also obtain the permit Long-term resident - EU after at least five years of continuous residence.

If you have resided in Austria with an MFA identity card for less than five years, the duration of your residence with the MFA identity card can be credited towards the time necessary for the Long-term resident - EU permit. For example, if you have resided in Austria for three years with an MFA identity card and then two years with a Red-White-Red Card (German), you can apply for a change of purpose to Long-term resident - EU.

If you switch from an MFA identity card to a stay permit (Aufenthaltsbewilligung), you cannot apply for a change of purpose to Long-term resident - EU.

As proof of your continuous residence in Austria with your MFA identity card, you can obtain a confirmation from the Federal Ministry for European and International Affairs (BMEIA).

If you receive the Long-term resident - EU permit, you must return your legitimation card.

With the Long-term resident - EU permit, you can live and work in Austria indefinitely. However, the right of permanent residence may expire if you stay outside the EEA for more than twelve consecutive months without a particular cause.

If you have a particular cause for your stay outside the EEA, you can stay outside the EEA for up to 24 months. Particular causes include serious illness, social obligations, or military service. You must notify Municipal Department 35 - Immigration and Citizenship of the City of Vienna (MA 35) about this. You must send the notification within the first twelve months.

If you move to another EEA country with the Long-term resident - EU permit, your right of permanent residence in Austria remains intact.

Austrian right of residence for EEA and Swiss citizens with MFA identity cards

If you are a citizen of an EEA member state or Switzerland and have an MFA identity card and meet the requirements, you can apply for a registration certificate (Anmeldebescheinigung) in addition to your MFA identity card. You do not have to return your MFA identity card.

If your MFA identity card has already expired or you have already returned your MFA identity card and want to stay in Austria, you must submit the application for a registration certificate within four months after the expiration or return of your MFA identity card.

Family reunification

If you have a registration certificate in addition to your MFA identity card, your family members can also obtain a registration certificate (Anmeldebescheinigung) or a residence card (Aufenthaltskarte), depending on the nationality of your family members. Your family members do not have to return their MFA identity cards.

If you leave Austria permanently and your family members do not yet have the right of permanent residence, your family members can no longer derive their right of residence from you. This means your family members must meet the requirements for a registration certificate or a residence permit themselves and must apply for their own right of residence.

Certificate of permanent residence

If you are a citizen of an EEA member state or Switzerland, have been living in Austria continuously for at least five years and in this time have met the requirements to Right of Residence under EU law, you acquired the right to permanent residence by default.

As proof of your right of permanent residence, you may apply for a certificate of permanent residence (Bescheinigung des Daueraufenthalts). As proof of your continuous residence in Austria with your MFA identity card, you can obtain a confirmation from the Federal Ministry for European and International Affairs (BMEIA).

With the right of permanent residence, you may live and work in Austria indefinitely without meeting any more requirements. You only lose your right of permanent residence, if you leave Austria for a continuous period of more than two years.

Contact

City of Vienna - Immigration and Citizenship

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