Effects on residence due to Brexit for British citizens in Austria
The United Kingdom left the EU at the end of January 31, 2020. The Withdrawal Agreement entered into force on February 1, 2020. The Withdrawal Agreement enables both EU citizens and United Kingdom (UK) nationals, as well as their respective family members, to continue to exercise their rights derived from Union law in each other's territories, for the rest of their lives, where those rights are based on life choices made before the end of the transition period (i. e. before 31 December 2020). Below, you will find brief answers to frequently asked questions about the (continued) right of residence in Austria.
Have you read our information carefully? If your question has not been answered, you can contact us here .
I am a British citizen. Can I continue to live in Austria?
British nationals need a residence permit for Austria, when they plan to stay longer than six months. There are different types of residence permits. You can read about all types of residence permits on the following pages:
If you lived in Austria before 31 December 2021 you should have already applied for the residence permit „Article 50 TEU“ and received it. The application for a residence permit „Article 50 TEU“ was principally possible until 31 December 2021.
Under certain conditions, you can still apply for an "Article 50 TEU" residence permit now. For further information please read the point „I am a British citizen. I have applied for the Article 50 TEU residence permit but have not yet received it. What can I do now?“ below.
Extension: If you have a residence permit "Article 50 TEU" with a validity period of 5 years, you may apply for an extension already 3 months before the 5 years expire. If you acquire a permanent right of residence before the expiry of your "Article 50 TEU", you may apply for an extension at the given time you acquire the permanent right of residence. An extension at a later point in time, e.g. when your 5 year card runs out, does not harm your right of residence.
Under normal circumstances you will then be granted a residence permit "Article 50 TEU" with a validity period of 10 years. Please set a reminder in your calendar to ensure that you always have an up-to-date proof of your right of residence.
If you have already acquired a permanent right of residence, the residence permit is valid for 10 years. Then you should also apply for an extension of the residence permit card in 10 years. The permanent right of residence itself is unlimited.
back to overview
I am a British citizen. I have applied for the Article 50 TEU residence permit but have not yet received it. What can I do now?
If you have applied for an "Article 50 TEU" residence permit but have not yet received it, please be patient. The authority will decide on your application as soon as possible. The authority must decide after six months at the latest.
The confirmation of application allows you to prove your legal residence until the residence title is issued. This also allows you to enter and leave Austria freely. Please note the regulations in force regarding the Covid-19 pandemic.
back to overview
I am a British citizen. I have not yet applied for the Article 50 TEU residence permit. What can I do now?
Under certain conditions, you can still apply for an "Article 50 TEU" residence permit now.
Did you move to Austria as a family member after 2021? Then please continue reading in the section on family reunification.
The Withdrawal Agreement between the EU and the United Kingdom stipulates, among other things, that even a late application for a residence permit "Article 50 TEU" can be successful if there are reasonable grounds for the delay.
Reasonable grounds may exist in particular for victims of family/private violence, for (minor) applicants whose parents have not applied for them or for applicants with proven serious illnesses. The authority will carefully examine your individual situation and take into account all the circumstances you state.
As further requirements for obtaining the residence permit "Article 50 TEU" you must – as before as an EU citizen – be gainfully employed or be able to afford to stay in Austria without drawing social welfare benefits for yourself and your family members and have comprehensive health insurance. As a family member of such a person, you also retain your right of residence. Persons who have already acquired a permanent right of residence may likewise apply for a residence permit "Article 50 TEU".
As before, no knowledge of German is required.
In any case, please contact your competent authority as soon as possible to clarify your options.
back to overview
Where can I make the application?
You must submit the application in person to the competent authority as soon as possible. The competent authority is the provincial governor (Landeshauptfrau/Landeshauptmann), the mayor (Magistrat) or the district governor (Bezirkshauptmannschaft). Which authority is responsible depends on where you live.
You have to make an appointment for your application in advance with the authority. Please contact the authority responsible for you.
In Vienna you can submit applications to the Magistratsabteilung 35 (MA35).
The personal application is necessary because the authority has to check your identity and take fingerprints.
back to overview
Is there an application form?
You can download the form "Antrag auf Ausstellung eines Aufenthaltstitels 'Artikel 50 TEU'" ( 51,1 KB). The form is in German language.
Guidance on how to fill it in and what to bring with you are available in German ( 225,5 KB) and English language ( 198,8 KB). If you need further assistance or have questions, please contact your local authority.
back to overview
What documents do I need?
You can prepare documents that you will need in any case. This is:
- a passport photo not older than 6 months.
- a valid passport with your current name.
In case of name changes, especially after marriage, partnership registration or divorce, check your passport and apply for a new one if necessary. There is no minimum period of validity of the passport for the application. However, please note the requirements when travelling.
- reasonable grounds why you did not apply by the end of 2021. The authority will check, if it can still issue you a residence permit "Article 50 TEU" in your case.
A more detailed list of necessary documents can be found in the information on how to fill out the application form.
Fees for the application for a residence permit "Article 50 TEU"
The application for a residence permit "Article 50 TEU" is subject to a charge of EUR 61,50 (for persons aged under 16: EUR 26,30).
back to overview
Family reunification: I have applied for a residence permit under Article 50 TEU or I am the holder of a residence permit under Article 50 TEU. Can my family move in with me after 1 January 2022?
Yes. Which family members can derive a right of residence from you and which requirements have to be met depends on whether your family members can invoke the Withdrawal Agreement or require a national residence permit under the Settlement and Residence Act (NAG). Here you will find an overview of the most important provisions.
My family member is an EEA citizen or a Swiss citizen:
EEA citizens and Swiss citizens can always invoke the right of residence under EU law. You can find further information on the website of the Federal Ministry of Interior Austria.
My family member is British or another third-country national:
A prerequisite for family reunification according to the Withdrawal Agreement is that the sponsor holds a residence permit "Article 50 TEU" or residence permit "Article 50 TEU - Permanent Residence" or has at least applied for it in time.
Here you will find an overview of the persons who you can sponsor under the Withdrawal Agreement:
- Spouses or registered partners where the marriage or registered partnership already existed before 31.12.2020.
- Spouses or registered partners who were already in a long-term relationship on 31.12.2020 and entered into a marriage or registered partnership at a later date
- Legitimate or adopted children, grandchildren, etc. up to 21 years of age
- Legitimate or adopted children, grandchildren etc. over 21 years of age, if they are granted maintenance
- Parents, grandparents, etc. if they are granted maintenance
- Persons whose presence is necessary for the holder of the "Article 50 TEU" or "Article 50 TEU - permanent residence" residence permit so that the sponsor is not deprived of his or her right of residence granted under the Withdrawal Agreement;
These persons may apply for an "Article 50 TEU - Family Member" residence permit.
Life partners who have already had a long-term relationship with the holder of an "Article 50 TEU" or "Article 50 TEU - Permanent Resident" residence permit on 31.12.2020 and now want to live together in Austria can apply for a "Settlement Permit" pursuant to Section 56 Settlement and Residence Act (NAG).
If you have already lived in Austria as a family member before 31 December 2020 but have not yet applied for a residence permit "Article 50 TEU", please read the point "I am a British citizen. I have not yet applied for the Article 50 residence permit. What can I do now?".
back to overview
When and where do my family members need to apply?
Each family member – in the case of children under 14 years of age the legal representative – must submit the application in person within 3 months of entry into Austria at the latest. In case of birth in Austria, this counts as entry.
The competent authority is the provincial governor (Landeshauptfrau/Landeshauptmann), the mayor (Magistrat) or the district governor (Bezirkshauptmannschaft). Which authority is responsible depends on where you live.
You have to make an appointment for your application in advance with the authority. Please contact the authority responsible for you.
In Vienna you can submit applications to the Magistratsabteilung 35 (MA35).
Address and contact details of the authority in Vienna (in German)
The personal application is necessary because the authority has to check your identity and take fingerprints.
back to overview
Is there an application form?
You can download the form "Antrag auf Ausstellung eines Aufenthaltstitels 'Artikel 50 TEU'" ( 51,1 KB) .The form is in German language.
Guidance on how to fill it in and what to bring with you are available in German ( 225,5 KB) and English language ( 198,8 KB).
Please note that you must tick "Family member" (box 31) as the reason for stay.
If you need further assistance or have questions, please contact your local authority.
back to overview
What documents do I need?
You can prepare documents that you will need in any case. This is:
- a passport photo not older than 6 months.
- a valid passport with your current name.
In case of name changes, especially after marriage, partnership registration or divorce, check your passport and apply for a new one if necessary. There is no minimum period of validity of the passport for the application. However, please note the requirements when travelling.
- Proof of your family relationship. This is, for example, your marriage certificate or your birth certificate.
A more detailed list of necessary documents can be found in the information on how to fill out the application form.
Please note that family reunification, as "another family member" is no longer possible if the family member has not already lived in Austria prior to 31 December 2020.
back to overview
My family member is British or another third-country national and cannot rely on the withdrawal agreement.
If family reunification is not possible under the Withdrawal Agreement, it may be possible under the national provisions of the Settlement and Residence Act (NAG).
Family reunification under the Settlement and Residence Act is possible for the following persons:
- Spouses or registered partners where the marriage or registered partnership was established after 1 January 2021.
- Spouses or registered partners of a holder of a residence permit "Article 50 TEU - Family Member" or a residence permit "Article 50 TEU - Permanent Residence Family Member", even if the marriage or registered partnership already existed before 31 December 2020.
- Legitimate or adopted children up to 18 years of age for holders of a residence permit "Article 50 TEU - Family Member" or a residence permit "Article 50 TEU - Permanent Residence Family Member".
These persons may apply for a residence permit "Red-White-Red Card plus" pursuant to section 46 para 1 subpara 2 lit e Settlement and Residence Act (NAG). You can find further information on the homepage of the Federal Ministry of the Interior.
back to overview
How long can I stay abroad as a holder of a residence permit "Article 50 TEU" without losing my status?
The aim of the withdrawal agreement is to enable you to continue living in Austria. If you are absent from Austria for a longer period, you may therefore lose your right of residence (even if your residence title card is still valid).
Holders of a five-year residence permit "Article 50 TEU" or "Article 50 TEU - family member" may temporarily stay outside Austria for up to a total of six months or once for up to twelve consecutive months for important reasons (such as pregnancy and childbirth, serious illness, studies or vocational training or a posting to another Member State or a third country).
Holders of a permanent right of residence (residence permit “Article 50 TEU – Permanent Resident”) may stay outside of Austria for up to five years without losing their status under the Withdrawal Agreement.
If you have lost your status under the Withdrawal Agreement and still want to live in Austria, you can apply for a residence permit under the Settlement and Residence Act (NAG). There are different residence permits according to the NAG. Following the link to the Migration Platform of the Austrian Federal Government you will find information on all residence permits available.
back to overview