Services

SERVICES

Immigration law:
Residence / Settlement / Citizenship

  • immigration laywer viennaAs your immigration lawyer we provide expertise in various aspects of immigration law. We regularly assist nationals from so-called „third countries“ outside the European Union, from other member states of the European Union and their families to prepare and organize their legal residence and visa-affairs in Austria. The residence permits and visas we have obtained on behalf of our clients include the purposes of University studies, incorporation, self-employed or employed professional activities as well as independent living in Austria. Further we also advise on family reunification.
  • We have a long experience with the legal requirements for visa and residence permits (short-term visa, visa for specific purposes, red-white-red-cards, residence permits etc.) like proof of sufficient means sustenance, adequate accommodation etc. We know the formal specifications for the requisite proofs the consulate departments and immigration offices in Austria regularly demand, and with our experience may help you avoid unnecessary further inquiries and delays. Our efficient assistance and representation in the requisite proceedings preceding your relocation to Austria will help you save time and money.

Feel free to contact us today if you have questions on our valuable services in the context of visa, residence or naturalization in Austria!

Our expertise in various aspects of immigration law

Since the establishment of our law firm, we have been counseling and presenting 3rd-country-nation’s and European Union’s citizens in a visa and residence proceedings. We have assisted many clients find the most appropriate residence status and attended necessary application procedures. We may help you compile the necessary proofs and documents and guide you through the administrative proceeding swiftly and efficiently.

We have several years of experience in working with the Austrian embassies abroad, the immigration offices and residence authorities in Austria and the Austrian Public Employment Service (“Arbeitsmarktservice”, short: “AMS”).

We know the questions and challenges connected with the relocation and the establishment of residence in Austria, and have the adequate answers and solution.

Due to our year-long experience in all issues related to residence, settlement and eventual naturalization in Austria we may comprehensively advise on these affairs.

The acquisition of real estate (estates, apartments) by nationals from so-called “3rd countries” is subject to prior permission in most Austrian regions. We assist foreign nationals in the acquisition of real estate without legal risks and manage the necessary administrative procedures.

We can help Austrian citizens as well as foreigners questions regarding nationality/citizenship, e.g. in the context of special permissions to keep the Austrian naionality in case of adoption of another nationality.

Please find a short summary of Austrian legislation on visa and residence in some answers to frequent questions regularly asked in our consultations:

If you are looking for an immigration laywer in Vienna, feel free to contact us today if you have questions on our valuable services!

Entry, residence, settlement

Entry, residence, settlement

Our Services:

For the entry into and the exit from Austria, 3rd country nationals require a visa. Nationals from other member states of the European Union and nationals from states with bilateral agreements on visa facilitations (e.g. Albania, Australia, Bosnia-Herzegovina, Serbia, United States) are exempt from this requirement. The Austrian Alien Police Act (“Fremdenpolizeigesetz”, short: “FPG”) distinguishes between (short-term) entry visa and residency visa. Visa valid for a maximum of six months are regularly issued by the Austrian embassies or consulates abroad.

A stay of more than 6 months requires a residence permit. The Austrian Settlement and Residence Act (“Niederlassungs- und Aufenthaltsgesetz”, short “NAG”) provides for a variety of permits for diverse purposes and durations.

Residence permits

Practically important residence permits are, e.g.

  • residence permit – student,
  • residence permit for self-employed professions (e.g. (z. B. performance of projects or assignments in Austria),
  • residence permit for special cases of employment (e.g. non-diplomatic staff of foreign embassies and international organizations in Austria),
  • red-white-red card for highly qualified professionals (e.g. college graduates),
  • red-white-red card for professionals in sectors of labor shortage (e.g. slaters),
  • red-white-red card for the professionals (e.g. professional athletes and trainers),
  • residence permit for close family relatives (family reunification),
  • settlement permit without the permission to work (e.g. high net worth individuals of independent means),
  • registration for nationals from another European Union member state,
  • registration of family relatives and national from another European Union member state.

For any of these residence permits, a part of the general requirements (appropriate accommodation, sufficient financial means, the sickness insurance covering all risks) specific additional requirements apply.

Most of the residence permits providing access to the Austrian labor market are only granted after consultation and positive expert opinion of the Austrian Public Employment Service.

Settlement

As a well-qualified employee or self-employed entrepreneur, you may acquire a red-white-red card to settle in Austria. If you wish to work for in Austrian employer on the basis of a red-white-red card for highly qualified professionals (e.g. college graduates), you need the support of an Austrian employer ensuring adequate payment. A red-white-red card for self-employed is issued to entrepreneurs whose investment in Austria creates jobs or otherwise benefits the Austrian economy, e.g. by the transfer of know-how to Austria.

After a period of 5 years of regular and legal settlement in Austria depending on a good German language skills, the foreign might apply for the residence permit “permanent residency – EU”.

From our experience, the variety of available visa and residence permits makes it difficult for the applicant to choose the best and most appropriate residence permit for the particular situation and interests.

We advise and assist you to find most advantageous residence permit for your personal and professional situation.

Following the grant of a residence permit, we may assist you with access to the Austrian labor market (red-white-red card, work permit, professional qualifications and try to register).

(See also trade law, work permits for foreigners, cross-border services)

Links:

www.bmeia.gv.at

www.help.gv.at

www.bmi.gv.at

www.migration.gv.at

www.ams.or.at

Austrian citizenship

Austrian citizenship

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In principle, a foreign may require the Austrian citizenship after 10 years of permanent and legal residence in Austria (see above 1., entry/residence/settlement). In case of special qualifications like fluency in German (B2-level on the European reference framework for foreign languages) naturalization is possible after 6 years of residence.

Applications for acquisition of Austrian citizenship regularly connected with long waiting periods. The competent offices regularly request the proofs and documentation on the previous residence permits, travel movements, income capacity, accommodation, family relations etc.

Administrative fines, even in case of minor delinquencies, may pose a ground for denying approval.

Due to the high number of applications and overwork off the competent authorities, a thorough preparation and compilation of the necessary proofs and documents supporting application is highly recommendable.

The consultation of an attorney regularly in touch with the competent authorities is advisable, because he may inform on the formal requirements for the proofs and documents.

The intervention of an experienced attorney may help avoid delays and unnecessary further inquiries by authorities.

Austrian citizen adopting another citizenship lose their Austrian citizenship unless they have obtained a prior approval by the authority to maintain their Austrian citizenship. The approval for the adoption of another citizenship without detriment to the Austrian citizenship is only given in a special cases.

Questions with regard to Austrian citizenship regularly arise in the context of children of parents of different nationalities.

If one parent is Austrian citizenship and another parent the citizen of another European Union member state or a 3rd country, parents may wish to clarify the citizenship(s) of their child acquired by birth. Similar questions come up in cases of dual citizenship marriages, if the jurisdiction/personal statute of a spouse provides for the automatic acquisition of citizenship by marriage. For the concerned persons, a definite and reliable assessment of their legal status regarding their nationality is important.

And eventual publication aimed at establishing the nationality status should only be submitted after in-depth legal research and substantial legal reasoning.

Links:

www.bmeia.gv.at
www.help.gv.at
www.bmi.gv.at
www.migration.gv.at
www.ams.or.at

Acquisition of real estate by foreigners

Regulations on acquisition of real estate by foreigners

Our services

The acquisition of real estate (planned property, apartments) through foreigners (from non—European Union states) is subject to manyfold restrictions in the Austrian regions. Eventually, the failure to obtain a prior permission for a transaction may lead to the validity of the whole procedure, e.g. a purchase contract. In this case, the change of proprietor cannot be entered into the land register. The purchaser is not protected by the applicable legislation on the acquisition of property.

Acquisition of property or apartments by foreigners should be preceded and accompanied by thorough counsel and planning in order to avoid legal traps.

Feel free to contact us if you are a non-European Union national and a plan to acquire land property in Austria. With comprehensively inform you on the legal settings and advise you to invest your assets

We closely and routinely observe the current developments in the legal fields and legislation relevant for your entry, your residence and naturalization in Austria as well as your financial and economic settlement (self-employed activities, professional requirements, employment) in Austria.

Wir verfolgen für Sie laufend die aktuellen Entwicklungen auf den Rechtsgebieten, die für die Einreise, den Aufenthalt und die Einbürgerung in Österreich sowie Ihr wirtschaftliches Leben (selbständige Erwerbstätigkeit, Gewerbeberechtigung, unselbständige Erwerbstätigkeit) relevant sind.

Links:

www.bmeia.gv.at
www.help.gv.at
www.bmi.gv.at
www.migration.gv.at
www.ams.or.at