Immigration law

Depending on your country of origin, different regulations regarding entry and residence in Austria may apply.

1. Regulations depending on the country of origin

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  • 1.1 Nationals of EU/EEA countries & nationals of Switzerland

    Nationals of EU/EEA countries and nationals of Switzerland are free to enter and settle in Austria without requiring a visa or a residence permit. They only need a valid travel document (passport, identity card) to enter Austria.

    For stays of more than 3 months, they must apply for a registration certificate (Anmeldebescheinigung) within 4 months after entering Austria. Foreigners have to submit the application to the competent municipal administration (if the place of residence is Vienna: MA35) or to the district authority.

    EU/EEA countries are:     Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Germany, Estonia, Finland, France, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.


    Additional information:

  • 1.2 Third-country nationals

    Third-country nationals (neither EU, nor EEA citizens nor Swiss citizens) require a visa and residence permit (Aufenthaltstitel) for entering and residing in Austria. The type of visa or residence permit depends on the intended period and purpose of the stay.

    When applying for these, please note that certificates from foreign countries have to be submitted together with a legalised translation and that you have to gather documents, such as your birth certificate, marriage certificate, any confirmations of university degrees and a criminal record certificate already in your country of origin or last state of residence. 

     

    1.2.1 Stay for no more than 180 days

    Information for non-academic university staff can be found under item 1.2.2.2

    For academic work starting from the predoctoral level as well as short-term guest lectures, there are different options:

     

    1.2.1.1 Visa C or a Visa D for gainful employment

    Third-country nationals who would like to seek temporary gainful employment in the academic sector for no more than 180 days in Austria need a visa for gainful employment (the visa contains the remark “ERWERB”). Depending on the intended period of stay, they can apply for a Visa C Erwerb (valid up to 90 days) or a Visa D Erwerb (valid from 91 days to 180 days) at the competent Austrian representative authority in their country of residence. People holding a valid Visa C or a Visa D for gainful employment may take up work immediately after entering Austria. 

    If a researcher is currently staying in the Schengen area and holding a valid residence permit from another Schengen state, only the Austrian embassies Bratislava, Ljubljana or the Consulate General Munich are issuing a Visa C or Visa D for gainful employment.

    You can apply for a Visa C or Visa D for gainful employment already 6 months before entering Austria.

    During the application, please differentiate between ‘single entry’ and ‘multiple entry’. The addition ‘single entry’ allows you to enter the Schengen area only once. The addition ‘multiple entry’ allows you to enter and leave the Schengen area several times during the visa’s validity period. 

    Visa C and Visa D also entitle you to stay in other Schengen states for a period of no more than 90 days.

    You cannot renew a visa.
    If you intend to stay longer than for 180 days, you should apply for a residence permit according to the Austrian settlement and residence act (Niederlassungs- und Aufenthaltsgesetz, NAG) (e.g. a Residence Permit – Researcher) with the competent municipal administration (if the place of residence is Vienna: MA35) or to the district authority, as soon as possible after entering Austria.

    The residence permit must be issued within the validity period of the visa for gainful employment. If the visa becomes invalid before the end of the application procedure, third-country nationals who are not allowed to stay in Austria without a visa must leave Austria and have to wait for the authority’s decision abroad. A confirmation of submission does not entitle you to further stay in Austria in case of first applications.

    To apply for a Visa C or a Visa D for gainful employment, you need the following documents:

    • Completed and signed application form
    • Employment contract or confirmation of the planned employment (issued by the personnel services office, contains note on insurance)
    • Hosting agreement (in case of employment starting from the predoctoral level for 180 days, issued by the personnel services office)
    • Valid travel document containing at least two empty pages. The travel document must exceed the validity period of the visa by at least 3 months.
    • A recent biometric passport photograph (35x45 mm)
    • Travel, health and accident insurance for the duration until commencement of employment (e.g. credit card, insurance in the home country, including social security agreement, private insurance coverage)
    • Confirmation of accommodation (e.g. by means of a tenancy agreement)
    • Any other evidence required by the authority (e.g. plane ticket)

    Additional information:

     

    1.2.1.2 Short-term guest lectures

    Guest lecturers who are working in the field of academia and whose guest lecturer contract has been concluded for no more than one week, do not need a visa for gainful employment. They are allowed to enter Austria without a visa or only need a tourist visa if they enter from a country requiring a visa.

    Additional information:


    1.2.1.3      Residence permit for researchers from another EU member state

     


    Persons who have a valid residence permit for ‘researchers’ from another EU member state (except for Denmark and Ireland) are allowed to work in the field of academia, starting with the predoctoral level, in Austria for no more than 180 days.

     

    1.2.2 Stays of more than 180 days

    If you are employed in the field of academia for more than 180 days, you need a residence permit (in general, subsequent to the Visa D for gainful employment) according to the Austrian settlement and residence act (NAG). You have to present this permit to the personnel services office before commencing work.

     

    1.2.2.1 Academic university staff
     

    Academic university staff may choose between the following residence permits:

    Family members of employees belonging to the academic university staff may apply for the following residence permits:

     

    1.2.2.1.1 Residence Permit – Researcher

    The Residence Permit – Researcher is subject to a doctoral degree or a suitable university degree granting access to a doctoral programme. Therefore, researchers working in the field of academia can apply for it starting from the predoctoral level, at least. 

    It is recommended to first apply for a Visa D for gainful employment with the Austrian representative authority abroad (usually in the state of residence). After entering Austria, you should apply for a permanent Residence Permit – Researcher with the competent municipal administration (if the place of residence is Vienna: MA35) or to the district authority as soon as possible. The residence permit must be issued within the validity period of the visa for gainful employment. If the visa becomes invalid before the end of the application procedure, third-country nationals who are not allowed to stay in Austria without a visa must leave Austria and have to wait for the authority’s decision abroad. A confirmation of submission does not entitle you to further stay in Austria in case of first applications.

    To apply for a Residence Permit – Researcher, you need the following documents:

    • Evidence of a PhD/doctoral degree or a suitable university degree granting access to doctoral programmes
    • Completed and signed application form
    • Employment contract or confirmation of the planned employment (issued by the personnel services office, contains note on insurance)
    • Hosting agreement (issued by the personnel services office)
    • Copy of the entire valid passport
    • A recent biometric passport photograph (35x45 mm)
    • Birth certificate (including an apostille/a diplomatic legalisation if demanded by the authority)
    • Marriage certificate/partnership certificate (including an apostille/a diplomatic legalisation if demanded by the authority)
    • Criminal record certificate from the state of residence or country of origin, in which you have lived for the last 6 months (please note: The criminal record certificate must not be older than 3 months when applying for the permit), (including an apostille/a diplomatic legalisation if demanded by the authority)
    • Evidence of the amount paid for accommodation (e.g. tenancy agreement, accommodation agreement)
    • Any other evidence required by the authority

    For applications for renewal in addition:

    • Current self-disclosure from a register of a creditor protection association

    Additional information:

     

    1.2.2.1.2 Residence Permit – Researcher mobility

    Persons who have a valid residence permit for ‘researchers’ from another EU member state (except for Denmark and Ireland) are allowed to work in the field of academia, starting with the predoctoral level, in Austria for no more than 180 days.

    If you intend to stay longer than for 180 days, you should apply for a Residence Permit – Researcher mobility with the competent municipal administration (if the place of residence is Vienna: MA35) or to the district authority, as soon as possible after entering Austria. However, this permit depends on the duration of the foreign residence permit for ‘researchers’.

    It is also possible to change to a ‘traditional’ Residence Permit – Researcher, which is especially recommended if the employment in Austria should last longer than the validity period of the foreign residence permit for ‘researchers’

    To apply for a Residence Permit – Researcher mobility, you have to submit the following documents:

    • Valid residence permit for ‘researchers’ from another EU member state (except for Denmark and Ireland)
    • Evidence of a PhD/doctoral degree or a suitable university degree granting access to doctoral programmes
    • Completed and signed application form 
    • Employment contract or confirmation of the planned employment (issued by the personnel services office, contains note on insurance)
    • Hosting agreement (issued by the Personal Services Office)
    • Copy of the entire valid passport
    • A recent biometric passport photograph (35x45 mm)
    • Birth certificate (including an apostille/a diplomatic legalisation if demanded by the authority)
    • Marriage certificate/partnership certificate (including an apostille/a diplomatic legalisation if demanded by the authority)
    • Criminal record certificate from the state of residence or country of origin, in which you have lived for the last 6 months (please note: The criminal record certificate must not be older than 3 months when applying for the permit)
    • Proof of a secure livelihood (in particular pay slips, tenancy agreement, maintenance payments, credit burden)
    • Any other evidence required by the authority 

    For applications for renewal in addition:

    • Current self-disclosure from a register of a creditor protection association

    Additional information:

     

    1.2.2.1.3 Residence Permit –Special cases of gainful employment

    Third-country nationals who would like to work in the area of academia in Austria but do not fulfil the requirements for a Residence Permit – Researcher (e.g. scholarship holders or researchers funded by a foreign research institution) may apply for a Residence Permit – Special cases of gainful employment.

    To apply for a Residence Permit – Special cases of gainful employment, you need the following documents:

    • Scholarship award or written confirmation by the home research institution
    • Invitation letter by the host institutionProof of a secure livelihood (in particular pay slips, tenancy agreement, maintenance payments, credit burden)
    • Proof of accommodation in Austria (e.g. tenancy or subtenancy contract, legally valid preliminary contract, accommodation agreement)
    • Evidence of fulfilling the requirements of Module 1 of the integration agreement already when submitting the application
    • Evidence of health insurance coverage covering all risks
    • Completed and signed application form 
    • Copy of the entire valid passport
    • A recent biometric passport photograph (35x45 mm)
    • Birth certificate (including an apostille/a diplomatic legalisation if demanded by the authority)
    • Marriage certificate/partnership certificate (including an apostille/a diplomatic legalisation if demanded by the authority)
    • Criminal record certificate from the state of residence or country of origin, in which you have lived for the last 6 months (please note: The criminal record certificate must not be older than 3 months when applying for the permit)
    • Any other evidence required by the authority

    For applications for renewal in addition:

    • Current self-disclosure from a register of a creditor protection association

    Additional information:


    1.2.2.2 General university staff

    Third-country nationals who would like to work as general university staff at the University of Vienna, may apply for one of the following Red-White-Red cards to commence work:

    Red-White-Red cards entitle you to an employment with a certain employer. The confirmation by the employer which you need for the application is issued by the personnel services office following examination of all hiring documents.

    You have to file the application for the Red-White-Red Card personally with the Austrian representation of your country of residence. If you are entering Austria without a visa or if you already have a valid residence permit, you can file the application with the competent residence authority in Austria. The competent residence authority is the municipal administration (if the place of residence is Vienna: MA35) or the district authority. 

     

    To apply for a Red-White-Red Card, you need the following documents:

    • Certificates of the qualification according to the title or degree (PhD certificate, reference, etc.)
    • Proof of a secure livelihood (in particular pay slips, accommodation costs, maintenance payments, credit burden)
    • Declaration by the employer (issued by the personnel services office)
    • Completed and signed application form
    • Copy of the entire valid passport
    • A recent biometric passport photograph (35x45 mm)
    • Birth certificate (including an apostille/a diplomatic legalisation if demanded by the authority)
    • Marriage certificate (including an apostille/a diplomatic legalisation if demanded by the authority)
    • Criminal record certificate from the state of residence or country of origin, in which you have lived for the last 6 months (please note: The criminal record certificate must not be older than 3 months when applying for the permit), (including an apostille/a diplomatic legalisation if demanded by the authority)
    • Evidence of regular expenses, such as rental fees, alimony, credit burden

    Additional information:

     

    1.2.2.2.1 Residence Permit – Student
     

    If you have a Residence Permit – Student, you can work for no more than 20 hours at the University of Vienna. If you are working as general university staff, you also need a work permit. The personnel services office has to file an application for it 6 weeks prior to the commencement of employment. The employer has to bear the costs.

     


    1.2.3 Renewal of residence permits according to the Austrian settlement and residence act (NAG)

    You have to file an application for the renewal of a residence permit according to the Austrian settlement and residence act (NAG) within the validity period of the previous residence permit with the competent residence authority. The competent residence authority is the municipal administration (if the place of residence is Vienna: MA35) or the district authority.

    Until the date of the decision on the application for renewal of the residence permit (not in case of a first application according to a Visa C or a Visa D for gainful employment), you can still lawfully reside in Austria even if the previous residence permit expired. You have to submit the authority’s confirmation of submission to the personnel services office. Until the final decision by the authority, the applicant can lawfully continue to work.

    Holders of certain residence permits (especially of a Residence Permit – Researcher, an EU Blue Card or a Red-White-Red Card) may change to a Red-White-Red Card plus after two years.

    Family members of persons holding a Residence Permit – Researcher, a Residence Permit – Special cases of gainful employment or a Red-White-Red Card are eligible for a Red-White-Red Card plus, provided they fulfil all requirements.

     

    You cannot renew a Visa C or a Visa D for gainful employment.

    Additional information:

     

    1.2.3.1 Red-White-Red Card plus 

    Holders of certain residence permits (especially of a Residence Permit – Researcher, an EU Blue Card or a Red-White-Red Card) may change to a Red-White-Red Card plus after two years.

    Family members of persons holding a Residence Permit – Researcher, a Residence Permit – Special cases of gainful employment or a Red-White-Red Card are eligible for a Red-White-Red Card plus, provided they fulfil all requirements.

    To apply for a Red-White-Red Card plus, you have to submit the following documents:

    • Proof of a secure livelihood (e.g. pay slips, employment contract)
    • Evidence of fulfilling the requirements of Module 1 of the integration agreement 
    • Completed and signed application form
    • Copy of the entire valid passport
    • A recent biometric passport photograph (35x45 mm) 
    • Marriage certificate/partnership certificate (including an apostille/a diplomatic legalisation if demanded by the authority)
    • Evidence of the legal entitlement to a local accommodation (e.g. tenancy agreement)
    • Evidence of health insurance coverage covering all risks
    • Any other evidence required by the authority

    Family members also have to submit:

    • Evidence that the third-country national who reunifies the family holds a relevant residence permit

    Additional information:

     


    1.2.3.1.1 Modules 1 and 2 of the integration agreement

    Module 1 of the integration agreement must be fulfilled already at the time of application or within 2 years of granting the residence permit, depending on the residence permit.

    You may also fulfil Module 1 through:

    • An integration examination (German language proficiency corresponding to level A2) or
    • A (foreign) school leaving certificate that would entitle the holder to enter a university or that is equivalent to a leaving certificate from a vocational middle school (berufsbildende mittlere Schule) (evidence: secondary-school leaving certificate, official notice issued by the university for a degree programme lasting for at least 3 years).

    Module 2 of the integration agreement must be fulfilled to obtain a residence permit for permanent EU residence as well as the Austrian citizenship. 

    You may also fulfil Module 2 through, for example:

    • An integration examination (German language proficiency corresponding to level B1)
    • A degree programme in German
    • At least four years of school lessons in German

    Additional information:


    1.2.3.2 Permanent EU residence

    Third-country nationals may apply for the residence permit – Long-term resident – EU if they have been lawfully and continuously residing in Austria for the past 5 years and fulfil Module 2 of the integration agreement. The residence permit Long-term resident – EU allows long-term settlement and free access to the labour market. 

    To apply for a Long-term resident – EU permit, you need the following documents:

    • Evidence of fulfilling the requirements of Module 2 of the integration agreement
    • Evidence of regular expenses, such as rental fees, alimony, credit burden
    • Current self-disclosure from a register of a creditor protection association
    • Completed and signed application form 
    • Copy of the entire valid passport
    • A recent biometric passport photograph (35x45 mm)
    • Proof of a secure livelihood (in particular pay slips, tenancy agreement, maintenance payments, credit burden)
    • Evidence of the legal entitlement to a local accommodation (e.g. tenancy agreement)
    • Evidence of health insurance coverage covering all risks
    • Any other evidence required by the authority

     

     

  • 1.3 Traineeships and internships

    For traineeships, internships and Erasmus+ traineeships, third-country nationals need a visa for gainful employment or a residence permit allowing them to commence work in Austria. This also applies if the internship or traineeship is not remunerated.

     

    Moreover, the personnel services office has to notify the Austrian Public Employment Service (AMS) of traineeships and internships of third-country nationals at least 3 weeks in advance. The only exemptions from this notification requirement are Erasmus+ traineeships.

     

    Additional information:

  • 1.4 Registration of a residence

     According to the Austrian act on the registration of residence, you have to register your residence with the competent registration authority within 3 days after entering Austria. The competent registration authority is the municipality office or the municipal administration (if the place of residence is Vienna: MA35).


    Additional information:

     

     

2. Liaison Officers

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