Team of RIHS Rechtsanwalt GmbH during the 2025 year in review

Year in Review 2025: Growth and Legal Success at RIHS Rechtsanwalt GmbH

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Year in Review 2025: Growth, Experience, and Legal Success

The end of the year offers an opportunity to reflect on progress, results, and the trust placed in us by our clients.
In 2025, RIHS Rechtsanwalt GmbH continued its steady growth as an Austrian immigration and citizenship law firm, advising international clients, including US citizens, on residence and nationality matters, while also supporting companies and individuals in complex public and administrative law proceedings.

Initial Legal Consultations: A Structured First Step

Our structured initial legal consultation remains one of the most frequently used services of the firm.
In 2025 alone, clients made use of this offering 441 times to discuss their legal questions and develop well-founded legal strategies.

For international clients, initial consultations are regularly conducted online, allowing legal advice to be provided efficiently without the need to travel to Austria.

For many clients, the initial consultation marked the beginning of a longer-term engagement.

Citizenship and Immigration Law

Citizenship and immigration law remained a core focus of our practice in 2025 and is of particular relevance to international clients, including US citizens, seeking long-term residence or citizenship in Austria and the European Union.

Dr. Georg Rihs and Dr. Philipp Haas-Köhler work closely together in this field, supported by a dedicated team of junior legal staff. This enables the efficient handling of a high volume of complex administrative procedures.

In 2025, we achieved positive outcomes for 28 clients in citizenship matters, including naturalization proceedings, notifications under Austrian nationality law, and extensions of citizenship rights.

We also obtained favorable results for 57 clients in immigration and residence matters, including Red-White-Red Cards and Red-White-Red Card Plus, EU long-term residence permits, residence permits for family members, and other settlement titles.

Our extensive experience, streamlined internal processes, and constructive cooperation with the competent authorities are key factors behind these results.

In addition, we achieved favorable decisions before Austria’s highest administrative courts, including cases before the Supreme Administrative Court concerning student residence permits and asylum matters.

Public Procurement Law

Public procurement law was another significant area of activity in 2025, particularly for European and international companies participating in public tender procedures in Austria.

As an Austrian public procurement law firm, RIHS Rechtsanwalt GmbH advises bidders on legal protection, review procedures, and strategic risk management throughout all stages of procurement proceedings.

In several cases, contracting authorities withdrew contested decisions following our legal challenges. As a result, review proceedings were terminated and cost reimbursement was awarded to our clients. In another case, a court fully upheld our application and set aside the award decision, resulting in a complete procedural success.

The total contract value of the procurement procedures reviewed by our firm in 2025 amounted to approximately EUR 74 million, reflecting the economic significance of these proceedings and our experience in handling high-value public procurement disputes.

Beyond administrative review procedures, we also successfully pursued legal remedies in civil court proceedings related to procurement matters. In addition, Dr. Georg Rihs regularly publishes on Austrian public procurement law and provides strategic legal advice supporting key business decisions of our clients.

Clients value our swift, decisive action and our ability to navigate the Austrian procurement system efficiently and strategically.

Construction and Building Law

In the field of construction and building law, we regularly advise English-speaking individuals and companies in Austria on regulatory, permitting, and neighbor-law issues.

Our work in 2025 focused on building permit procedures, neighbor rights, and enforcement measures issued by building authorities. We represented clients before municipal building authorities and administrative courts.

One notable success was the annulment of a building permit by the Supreme Administrative Court in favor of affected neighboring property owners.

Further proceedings before the Constitutional Court and the Supreme Administrative Court are currently pending and will continue to shape our work in this area in the coming years.

Growth Requires Space: New Office in Vienna

A major milestone in 2025 was the relocation of the firm to new office premises in the historic center of Vienna.
The new office provides modern meeting facilities, a specialized public-law library, and expanded workspaces for our legal team, offering an optimal environment for high-quality legal work and client meetings.

Team Development and Firm Culture

To maintain our high service standards, we expanded both our administrative team and our group of junior legal staff. We are particularly proud of our long-standing employees, whose commitment and expertise are essential to handling a large and demanding caseload.

Continuous education and professional training remain a priority. Team activities and cultural engagements also play an important role in strengthening collaboration and maintaining a shared professional identity.

Looking Ahead to 2026

We would like to thank our clients for their trust and cooperation throughout 2025.
RIHS Rechtsanwalt GmbH remains fully committed to providing reliable, precise, and strategic legal advice in public and administrative law matters.

We look forward to continuing our work in 2026.

Author: Dr. Georg Rihs, Attorney-at-law, Managing Director RIHS Rechtsanwalt GmbH

Red-White-Red Card, Access to the Austrian Labor Market for Third-Country Nationals: Recent Amendments facilitate the award procedure for Employees and Employers

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The Red-White-Red Card: residence title and employment permit

The Red-White-Red Card is an attractive residence title for qualified workers who can present a binding job offer from an Austrian company. The settlement authority and the labor market service check the qualifications on the basis of a catalog of criteria. For example, an applicant receives points for completed vocational training, a university degree, relevant work experience, and knowledge of German and English. The job offer and the future employer must also meet certain criteria (minimum salary, qualified and training-adequate position in the company, etc.).

Requirement: professional qualifications of the employee

The qualifications of the employee are evaluated according to a point scheme. If a worker achieves a sufficient number of points according to this points scheme, he or she can obtain a red-white card (residence title and employment permit). The prerequisite is a corresponding job offer from an Austrian employer.

The applicable points scheme for the award of a Red-White-Red Card is explained in detail at www.migration.gv.at. Although the criteria for the award of points are clearly and comprehensively regulated in the Foreign Employment Act (AuslBG), questions of interpretation repeatedly arise in administrative practice. For example, it is not always clear which professional education or training is qualified as “relevant to the field of employment” by the Austrian Labour Market Service (AMS). Good preparation makes it easier for the immigration offices and the Austrian Labour Market Service (AMS) to reach a decision quickly in favor of the applicant (skilled worker or company/future employer).

In the recent past, the Austrian legislator has repeatedly made adjustments to make the Red-White-Red Card more attractive for both employees and employers. For example, with the amendment to the Austrian Foreign Employment Act, Federal Gazette I 106/2022, the Austrian legislator created new, simplified framework conditions for the Red-White-Red Card, in particular a more favorable points system for skilled workers in shortage occupations.

Already two amendments of the rules concerning the Red-White-Red Card in 2023

 The amendment to the Austrian Foreign Labour Act (AuslBG), Federal Law Gazette I 43/2022, which has been in force since 21 April 2023, regulates access to the labor market for Ukrainian refugees who have a temporary right of residence in Austria on the basis of the Decree on displaced persons (Federal Law Gazette II 92/2022). It also provides for easier access to the Red-White-Red Card. Above all, more points are awarded in individual selection criteria (e.g. language, professional experience) than before. With the amendment, the legislator wants to counteract the shortage of skilled workers. The legislator has relaxed the criteria for issuing the Red-White-Red Card in order to facilitate access to the Austrian labor market for skilled workers from abroad. The parliamentary materials provide information on the legislator’s objectives and motives. The motive report is available online on the website of the Austrian Parliament (Link) and can be used as an argumentation aid, for example, in questions of interpretation.

Easier requirements since April 2023: new points scheme, consideration of English, French, Spanish, Bosnian/Croatian/Serbian skills

Since the last amendment, points are awarded not only for German and English language skills, but also for language skills in the French, Spanish and Bosnian/Croatian/Serbian languages. This facilitates labor market access for persons who have acquired language certificates or completed training in these languages.

Procedural simplifications since July 2023

Until the last amendment to the Act on the Employment of Foreign Nationals (AuslBG), BGBl I 84/2023, a positive decision by the Regional Office of the Foreign Labour Market Service (AMS) was required for admission as a key worker and thus posed a procedural prerequisite for the “Red-White-Red Card”.

The Constitutional Court overturned this regulation as questionable under the rule of law (VfGH 14.12.2021, G 232/2021-14). The legislator therefore had to amend the regulation within the period granted by the Constitutional Court.

Since this amendment, which entered into force on July 20, 2023, a key worker permit can also be issued if

  • the employment of the foreigner is necessary for particularly important reasons, in particular to preserve jobs of domestic employees or as a demonstrably qualified worker in a shortage occupation, or
  • public or supra-company macroeconomic interests require the employment of the foreigner.

This gives both the immigration offices and the administrative courts the option of admitting an employee as a key worker in the event of a negative decision by the Regional Office of the Austrian Labour Market Service.

The aim of these measures is to make it easier for qualified applicants to achieve the required points and to comply with procedural law, thus facilitating access to the Austrian labor market.

The changes are welcome for qualified professionals wishing to settle in Austria, for third-country nationals wishing to work in Austria and for Austrian companies.

We have already successfully assisted numerous clients in obtaining a Red-White-Red Card under the new legal situation.

If you need support, advice and representation in a procedure to obtain a Red-White-Red Card, we look forward to hearing from you!

Art 20 TFEU – Union citizens’ right to family reunification may also apply to Austrian citizens

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In a recent decision we helped a family to legally lead their common family life in Austria. Through our support, we were able to obtain a right of residence for the mother of two Austrian citizens. The granted residence permit also provided for the mother’s access to the Austrian labor market. We are aware of the importance and scope of our advice and representation for the family life of our clients and their private and professional future in Austria. We are all the more pleased about the success!

“Family members” as defined by the Austrian Settlement and Residence Act (NAG) basically only spouses and minor children

Family reunification with access to the labor market in Austria is generally only accessible to the next of kin (spouses, minor children). Relatives who do not belong to this group (e.g. parents, children of full age) are in principle not legally entitled to family reunification or can at best only obtain a residence title without access to the labor market (“Settlement Permit – [Further] Relative”).

If there are valid reasons, e.g. on the basis of the fundamental right to protection of private and family life (Art 8 ECHR) or on the basis of the rights of EU citizens (Art 20 TFEU), the Administrative Court has – however only in extreme and exceptional cases – affirmed a claim to family reunification and access to the labor market also for distant relatives (e.g. VwGH 24.3.2022, Ra 2018/22/0093).

Vienna Administrative Court grants residence permit family member for mother of an adult Austrian reunifier

In complex appeal proceedings before the Administrative Court of Vienna, we successfully enforced a client’s claim for family reunification. The Administrative Court of Vienna announced the decision immediately following the court hearing on January 18, 2023 (VGW-151/080/9065/2022-25).

The special feature of the family reunification finally granted (issuance of the residence title “family member”) is that

  • the sponsor is an adult Austrian citizen, and
  • the reunifying mother has obtained a residence title “family member” entitling her to regular employment (and not merely a “Settlement Permit – [Further] Relative”, which categorically excludes gainful employment in Austria).

The Administrative Court of Vienna considered the special close relationship and the health-related dependence of the daughter on her mother as decisive for the right to family reunification.

It applied the case law of the Court of Justice of the European Union (ECJ) to an Austrian citizen, although there was no so-called cross-border constellation (“freedom of movement constellation”).

The case law of the Court of Justice of the European Union, which we cited in the appeal proceedings, convinced the Vienna Administrative Court: “If a Union citizen (in this case the reuniting daughter) would be forced to leave the territory of the European Union in the event of a refusal of a residence title, close family members with whom the Union citizen has a dependent relationship have a right of residence (and access to the labor market).” Cf. ECJ 8.5.2018, K.A. et al, C-82/16; in Austrian court decsion VwGH 25.7.2019, Ra 2019/22/0017; on the assessment of the dependency relationship in detail also VwGH 17.6.2019, Ra 2018/22/0195).

No official appeal by the settlement authority (MA35) or the Federal Ministry of the Interior (BMI)

In the first-instance proceedings before the settlement authority (MA35), the authority still resisted and did not share our legal position.

After the decision of the Administrative Court of Vienna, the official parties (immigration office, in Vienna: MA 35; BMI) did not file an official appeal against the decision of the Administrative Court of Vienna. The official parties have thus conclusively accepted the legal opinion of the Vienna Administrative Court. This is a precedent-setting case, which will also point the way for future decisions of the Administrative Court of Vienna.

Living/working in Austria with residence title family members possible

In the meantime, the immigration office (MA35) has granted the applicant, i.e. the mother of the Austrian citizen, the residence permit „Family Relative“ applied for. The family can now live together in Austria. With the residence permit „Family Relative“, the mother has obtained a right of residence that entitles her to settle and work in Austria without the requirement for a work permit.

We are pleased that we have helped a family to live together in Austria in this way. This decision strengthens the right to family reunification and unity, fundamental rights and the rights of EU citizens derived from the case law of the Court of Justice of the European Union. It is to be welcomed in view of the general reluctance of the immigration offices to apply the case law of the ECJ on family reunification.

You are welcome to contact us if you are seeking family reunification with relatives and dependents from third countries and would like to obtain a suitable residence title in Austria for relatives from countries outside the European Union!

Facilitation of access to the Red-White-Red Card

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Residence permit “Red-White-Red Card”: residence and work permit with one card

The Red-White-Red card is an attractive residence permit for qualified professionals who have a job offer from an Austrian company. The immigration office and the Austrian Labour Market Agency (AMS) assess an applicant’s professional qualifications according to a set of defined criteria. An applicant gets “credits” for an accomplished professional education, training and professional experience as well as English and German language skills. The job-offer by the Austrian company and the future employer have to fulfil certain criteria as well (minimum salary, qualified and adequate position in the company etc.).
The criteria are explained under www.migration.gv.at. Although the critera are clearly stated in the relevant regulations, administrative practice shows that the interpretation may differ. Good preparation of an application facilitate a positive decision by the immigration office and Austrian Labour Market Agency (AMS).

Facilitations since 1 Oct 2022

An amendment to the Austrian Residence and Settlement Act (“Niederlassungs- und Aufenthaltsgesetz”, short: “NAG”) and the Foreign Labour Act (“Ausländerbeschäftigungsgesetz”, short “AuslBG”), BGBl I 106/2022, has entered into force on 1 October 2022. The amendment is intended to counteract the shortage of skilled workers by relaxing the conditions for issuing the Red-White-Red Card and thus facilitating the access of skilled workers to the Austrian labor market. We present some of the most relevant amendments.

Reduction of the required minimum salary

In the case of the Red-White-Red Card for other key employees (“Rot-Weiß-Rot Karte für sonstige Schlüsselkräfte“), the age-related limit for the required salary will be abolished. After the new regulations come into force, all employees must therefore only prove that they have a gross salary of 50% of the social security maximum contribution base. The higher required amount for employees over 30 years of age will thus be eliminated. For the year 2022, the required salary will therefore be € 2,835 gross per month for all applicants. 

More “credits” for English language skills

In the case of the Red-White-Red Card for skilled workers in shortage occupations (“Rot-Weiß-Rot Karte für Fachkräfte in Mangelberufen”) and for other key employees (“Rot-Weiß-Rot Karte für sonstige Schlüsselkräfte“), additional points will be provided for English language skills if the predominant language at the work place is English. In these cases, therefore, English and German skills are assessed with the same number of points. 

Standardized proof of professional qualification

With regard to qualifications, in the future there will no longer be a distinction between a university degree and completed professional training for skilled workers. All employees will receive a uniform 30 points for completed professional training in the shortage occupation.

Minimum investment for start-up founders

When founding a start-up, only a share capital of € 30,000 instead of € 50,000 has to be proven in order to obtain a residence permit.

Professional experience

For all red-white-red cards, the evaluation of professional experience will be calculated in half years instead of whole years in the future.

The aim of these measures is to make it easier for qualified applicants to achieve the required points and thus to gain access to the Austrian labor market.
The changes are welcome for qualified professionals who want to settle in Austria and for Austrian companies.

We have assisted numerous applicants with applications for Red-White-Red cards unter the new and facilitated regulations.

If you need support, advice and representation in a procedure to obtain a Red-White-Red Card, we look forward to hearing from you!

Residence Permit „Art 50 EUV“

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The United Kingdom’s withdrawal from the European Union (known as “BREXIT”) and thus also from the EU’s internal market and customs union brings with it numerous innovations. As a result, the right of residence for British nationals and their family members has been largely changed. As of 1st January 2021, the United Kingdom is considered a third country from the perspective of the EU. The Austrian legislator has therefore created a separate residence permit (“Residence Permit Art 50 TEU”) for British citizens and their family members residing in Austria (see amendment to the Austrian Residence and Settlement Act, Federal Gazette I 56/2018.

The status of British citizens and their (close) family members is ruled by the so called „Brexit-Implementation-Regulation“ published by the Austrian Minister of Interior, Federal Gazette II 604/2020.

British citizens and their (close) family members from third countries may now apply for a „residence permit according to Art 50 Treaty of the European Union“.

This residence permit is intended to ensure that British citizens and their close relatives have the opportunity to live, work and study in Austria.

The requirements for obtaining this residence permit – as has already been the case for EU citizens – are the following:

  • gainful employment or sufficient financial means to finance a stay in Austria for oneself and one’s family members without depending on social welfare benefits or public allowances, as well as
  • comprehensive health insurance covering all possible risks in Austria.

German language skills are not a required for the application for the residence title “Article 50 EUV”.

Since January 2021, the application is possible until the end of December 2021. Thus, there is a sufficient time window for the application. The residence permit “Article 50 EUV” is issued in credit card format and is generally valid for 5 years. Of course, the acquisition of a permanent right of residence is still possible. Persons who have already acquired a permanent right of residence in Austria are granted the residence title “Article 50 EUV” for 10 years.

An initial application has to be made in person at the competent authority. An application with a valid residence permit in Austria presently (due to COVID19) has to be submitted via mail. In Vienna, the application has to be submitted to the Municipal Department 35 (MA35). The personal application is to ensure that the identity of the respective person is guaranteed.

Due to the current COVID19 restrictions, appointments with the immigration office must be reserved online.

As experts in immigration law, we have assisted many clients in obtaining residence permits according to Art 50 TEU.
Feel free to contact us if you would like us to assist you with your “Article 50” residence permit application.

Einreise Brexit

Traveling to Austria and the Schengen area: no-deal Brexit

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Travellers from the United Kingdom planning to visit Austria and other EU countries need to consider some key points in the event of a “no-deal” Brexit.

With the likely cessation of the “free movement of persons,” a fundamental right for EU citizens, British citizens will face changes in travel regulations.

Upon entry into the Schengen area, including Austria, British citizens will need to:

  • Ensure their passport is current and valid (validity of at least 6 months and no older than 10 years).
  • Obtain traveller’s health insurance for healthcare coverage.

British citizens will be treated akin to citizens of non-EU countries upon entering Austria, undergoing border screening. Border control may require presentation of travel tickets and proof of sufficient funds. Declaration of cash exceeding £10,000 and goods is necessary. Access to EU, EEA, and Swiss lines at airports will cease for British citizens.

The United Kingdom/Great Britain will be categorized among the most favoured nations, allowing visa-free entry to the Schengen area for up to 90 days within a 180-day period. However, this privilege is limited to tourism; special visas will be required for business, education, or other purposes.

It’s important to note that overstaying without a visa or residence permit could lead to administrative penalties, expulsion, and a ban from entering the Schengen area. Therefore, British nationals planning extended stays should ensure they obtain the necessary visa/residence permit in advance.

For any questions regarding visa regulations, entry requirements, and residence permits for British citizens post-Brexit, our team is available to provide detailed assistance. Feel free to contact us for comprehensive information regarding your stay in Austria.

[source image: ©Pixabay]