Tag Archive for: european union

Brexit: Consequences of the Withdrawal Agreement

/in /by

Brexit: Consequences of the Withdrawal Agreement for the residence permits of UK citizens residing in Austria

Since 31.01.2020 the United Kingdom is no longer a member of the European Union. The United Kingdom and the European Union finally reached a Withdrawal Agreement that was ratified by the competent bodies, the British and the European Parliament (Link).

The „no-deal“ scenario was not realized.

The amendments of the Austrian Residence and Settlement Act („NAG“) that had been passed to provide for a „no-deal BREXIT“ have become obsolete due to this Agreement. The Austrian legislator will have to respond to the new situation and pass another amendment, implementing the relevant provisions of the Withdrawal Agreement (Part I, Art 13 et seq).

With regards to residence of UK citizens in EU member states, the Withdrawal Agreement provides for a transitory period ending on 31 December 2020. UK citizens and their relatives (even from „third countries“) residing in a member state of the European Union before the end of the transitory period may continue to live and work in the respective member state.

For UK citizens and their close relatives (spouses, young children) who do not yet have a formal documentation of their residence status in Austria, it makes sense to obtain such a documentation of the right of residence in Austria under EU law (see Article 19 of the Withdrawal Agreement).

A change to a permanent right of residence is also possible without any problems even after the transitory period has ended (Art 15 of the Withdrawal Agreement).

Once the transitional period ends, citizens of the United Kingdom will be granted a period of six months to apply for a confirmation of their continued right of residence (Art 18 of the Withdrawal Agreement). Such an application will be possible until the end of June 2021. The previous residence authorities will be competent for these applications.

UK citizens and their close relatives with a right of residence or permanent residence are granted access to the member states’ labour markets, meaning that their employment does not require a work permit (Art 22 of the Withdrawal Agreement).

Even after the transitory period, access to the labour market will continue to be open to persons who are already working in Austria under Article 24 of the Withdrawal Agreement. The same logic applies to self-employed persons (Art 25 of the Withdrawal Agreement).

It is therefore advisable for British citizens who wish to continue to live and work in Austria to take advantage of the favourable transitional rules.

We are happy to support you in all necessary steps.

Please do not hesitate to contact our office or make an appointment for a consultation on our website or via the Internet to assess your/your families situation under the Withdrawal Agreement.

[source image: ©Pixabay]

Einreise Brexit

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

/in /by

Travellers who are citizens of the United Kingdom and wish to travel Austria and the EU have to consider some important points in case of a “no-deal”-Brexit.

The “free movement of persons”, one of the fundamental rights of citizens of EU member states, will no longer apply for British citizen in the likely event of a “no-deal” Brexit.

British citizens will have to meet the following requirements upon entry into the Schengen area (and therefore, upon visiting Austria):

  • procurement of a current and valid passport (the passport must be valid for at least 6 months at the time of entry and must not be older than 10 years),
  • traveller’s health insurance for healthcare.

Upon entering Austria, British citizens will be treated like other “third country nationals”, i.e. citizens from non-EU countries, facing screening at the borders. The border control may require British citizens to show their travel tickets and sufficient funds to finance their stay. Cash exceeding £10,000 and goods must be declared. The EU, EEA and Swiss-lines at airports will no longer be open to British citizens.

 

The United Kingdom/Great Britain will be added to the list of most favoured nations and will still be able to enter without a Schengen visa for a period of 90 days within 180 days. Technically, this privilege will granted by an amendment to Regulation (EU) 2018/1806 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (Link).

However, entry and stay are limited to touristic purposes only. Business-related travels or stays for school or study will require a special visa for the respective purpose.

Please be aware that an overstay without a visa or residence permit may eventually result in administrative penalties, expulsion and a ban to enter the Schengen area. Therefore, British nationals who wish to enter the Schengen area and stay here are well advised to timely care for the requisite visa/residence permit.

 

In any event, we will gladly assist you with questions regarding visa regulations, entry requirements and restrictions as well as residence permits for British citizens after the “no-deal” Brexit has happened. Do not hesitate to contact us for detailed and in-depth information for your stay in Austria.

[source image: ©Pixabay]

Brexit_NoDeal

Austrian Residence for British citizens in the event of a “no-deal” – Brexit

/in /by

The deadline for the Brexit (or even in a worst case scenario a “no-deal” – Brexit), January 31, 2020, is approaching unstoppably. After representatives of the EU and the United Kingdom have found an agreement on important points of contention in October, it still cannot be excluded that a so-called “no-deal” – Brexit will occur. In any event, a Brexit will have effects for the residence permits of British citizens residing or intending to move to Austria.

 

British citizens and their (non-EU) families face uncertain times if the UK leaves the European Union without a deal. Previously, they were able to legally stay, work or provide services in Austria because of freedom of movement under European Union Law.

The residence permits were granted according to the Directive 2004/138/EC (Link) on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member states.

In Austria, British citizens were granted the residence permit “Anmeldebescheinigung”, their close relatives without British/EC-citizenship “Aufenthaltskarte”.

For the possible event of a “no-deal”-Brexit, Austrian lawmakers have taken precautions. In order to compensate for the loss of the EU residence permit, two special regulations were created.

  • For citizens of the United Kingdom living in Austria for less than 5 years, it is possible to obtain a residence title “Red-White-Red-Card plus” in accordance with the Austrian Residence and Settlement Act (“Niederlassungs- und Aufenthaltsgesetz”, short: “NAG”). This will make it possible to continue their legal stay and work in Austria. If the application is submitted within 6 months after the no-deal Brexit, the applicant is not obliged to proof German language skills. Most other residence titles according to the NAG require a proof of at least basic German language skills.
  • For British citizens who have been legally staying in Austria for longer than 5 years at the time of the no-deal Brexit, there is the possibility to obtain an unlimited residence title “Permanent Residence – EU” (“Daueraufenthalt-EU”), if the general requirements for a residence permit are met by the applicant.

In both cases, applicants who submit their application within 6 months after Brexit do not have to prove specific german language skills. This is an enormous advantage compared to the requirements for a residence permit by (other) third-country nationals.

We recommend British citizens with ties to Autria to seize this opportunity and apply for a residence permit under the preferential requirements foreseen in the Austrian Residence and Settlement Act.

We have been assisting British citizens with questions about their residence permit. Please do not hesitate to contact our office in time to get further information on the consequences of a no-deal Brexit and which steps have to be taken in order to legally stay or remain in Austria.

 

Please contact us if you wish us to advise you on the legal requirements for a residence permit for British citizens in the event of a no-deal Brexit. Contact us for an appointment or specific advice and representation at the Austrian immigration authorities.

 

[source image: ©Pixabay]