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.