Immigration law

As part of immigration law, settlement law and residence law deal with the legal framework under which persons who do not have Austrian citizenship can legally reside in Austria. Since it is a regulatory instrument for controlled immigration, it is also referred to as migration law. A distinction must be made between (temporary) right of residence and right of establishment, which is permanent or indefinite. In principle, therefore, any person who does not have Austrian citizenship must have a valid residence permit for Austria in order to reside or settle in the country.

However, under European Union law, there are significant exceptions for EU citizens, who are essentially treated the same as Austrian citizens. They can stay in Austria for 90 days without a residence permit. Even beyond that, they do not need a residence permit in the strict sense, but they must prove that they meet certain requirements (e.g., sufficient financial resources) and obtain a registration certificate.

Residence permit in Austria

Immigration law is one of the most complicated administrative areas of Austrian law. The list of different residence permits alone seems endless: residence permit, settlement permit, Red-White-Red Card, EU permanent residence, key worker, or registration certificate for EU citizens. Some residence permits allow for family reunification, while others offer unrestricted access to the labor market. Choosing the right residence permit when applying is the first hurdle that migrants have to overcome.

Some residence permits are subject to a so-called “quota requirement.” This means that only a certain number of these residence permits are issued each year. The “first come, first served” principle therefore applies, and it is important to submit the application in good time.

 

 

 

Red-White-Red Card

The Red-White-Red Card is a residence permit for highly qualified individuals, skilled workers in shortage occupations, key personnel, and university graduates. The idea behind the Red-White-Red Card is to make it easier to grant residence permits to people who are needed on the Austrian labor market because they either work in occupations that are currently in short supply or have particularly high qualifications. In addition, graduates who have successfully completed a diploma or master's degree in Austria and have a permanent job with a certain minimum salary can apply for the Red-White-Red Card. It entitles them to temporary residence with limited access to the labor market.

Immigration Authorities

In many cases, initial applications must be submitted to the Austrian embassy or consulate while still abroad, particularly if the applicant does not yet have legal residence in Austria and is not eligible for visa-free entry. Subsequently, the authorities at the applicant's place of residence in Austria are responsible, usually the municipal authority (in Vienna, Municipal Department 35) or the district administration.

 

 

Immigration lawyer

Attorney-at-law Balazs Esztegar advises and supports private individuals and companies in obtaining residence permits in Austria, in particular the Red-White-Red Card.