BREXIT – residence permit for affected British nationals and their family relatives in Austria

The so-called BREXIT, that is the United Kingdom’s departure from the European Union, – irrespective of a deal or a „no-deal“ – brings with it interesting questions regarding the right of residence in Austria. British citizens and their (non-EU) family relatives in Austria are concerned with the implications on their residence status in Austria: As the United Kingdom leaves the European Union, the right of residence for European citizens and their family members according to Directive 2004/38/EC ceases to apply. The same goes for the right of family reunion with British citizens.

According the Austrian Residence and Settlement Act („Niederlassungs- und Aufenthaltsgesetz“, short: „NAG“), British citizens hold a residence card as evidence of their right of residence („Anmeldebescheinigung“), their family relatives a card titled „Aufenthaltskarte“).

The Austrian legislator has passed an amendment to the Austrian Residence and Settlement Act for the event of a „no-deal“ BREXIT, regulating (inter alia) the effects of the BREXIT on the residence permits of British citizens and their family members. British citizens will have a special facility to be issued a „Red-White-Red card plus“. However, they must fulfil the requirements for a European Union’s right of residence at the time of the BREXIT. The special facility has to asserted within six months from the BREXIT.

Affected British citizens should get clarity on their legal right of residence in time and check if they meet the requirements for a change of their residence status after the BREXIT.

Please contact us if you wish us to assist you in case of a residence permit in connection with BREXIT.

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