Austria - International service provider

Conditions

Nota bene: Beside the definitions of the categories of natural persons, other parts of the EU trade agreements and especially the relevant EU schedules of EU and Austrian commitments/reservations (which can usually be found in the annexes of the FTAs) may contain certain additional conditions and/or requirements (e.g. the labour and labour dispute clause). The following overview primarily takes account of the CETA. In other FTAs the definitions, conditions or requirements may be less favourable or certain categories do not even exist. The rules contained in the FTAs have to be read together with the relevant Austrian laws. A certified German translation of documents may be required.

Admission conditions of the following categories of third-country nationals covered by the trade agreements

Business visitors for establishment (investment) purposes (BVEPs)

Categories of visa, permits or any similar type of authorisation regarding entry and temporary stay

• Visa C or D is required.

Work permit requirements

• No posting permit (Entsendebewilligung) or conditional assurance (Sicherungsbescheinigung)/employment permit (Beschäftigungsbewilligung) is required for BVEPs if the following conditions are met and necessary documentation is provided.

Conditions to be met

You do not need a posting or conditional assurance/employment permit if:

• you work in a managerial or specialist position (please see relevant definitions under the category of ‘intra-corporate-transferees’) in an enterprise other than a non-profit organization;
• you are responsible for setting up an enterprise in Austria, but do not engage in direct transactions with the general public and do not offer or provide services or engage in any economic activity other than that which is required for the purposes of the establishment of that enterprise;
• you do not receive remuneration from a source located within Austria, but the remuneration and other labour conditions must comply with the relevant Austrian salary and labour standards including social insurance coverage according to Austrian law or relevant bilateral social insurance agreements;
• your transfer to Austria for setting up the enterprise takes 90 days maximum in any six month period.

A visa will be granted if the general visa requirements are fulfilled.

Documentation required (only in case of visa procedures or inspections by the Financial Police, if the conditions above are met)

• Your passport (must be valid at least three months beyond the expiry date of your visa issued for the relevant stay); your work/labour contract with the enterprise sending you to Austria; evidence on your high qualifications and your authorisation for establishing an enterprise in Austria as well as a business plan; if there are still doubts about the genuine character of the activity of setting up an enterprise, other adequate evidence may be required (including interviews with you or your employer). Your documents must prove that you meet the general conditions for obtaining a visa (i.e. valid travel document, proof of sufficient means of subsistence, full medical insurance, adequate accommodation).

Where and how to file an application

• Not applicable as regards work permit requirements.
• You have to submit your application for a visa at the competent Austrian embassy or consulate abroad.

Application fees and indicative processing time

• Not applicable as regards work permit requirements. You have to pay the applicable visa fee. The decision on the visa application usually does not take more than 15 days.

The maximum period of stay under each type of authorisation

• Up to 90 days in any six-month period.

Conditions for any available extensions or renewal

• We may point to the condition that, according to the Austrian commitments/reservations in relevant FTAs, a transfer of BVEPs to Austria for setting up the enterprise may take up to 90 days in any six-month period. If the setting up of the enterprise in Austria should take more than 90 days, a posting or conditional assurance/employment permit and another visa would be required (please see conditions, documentation required, etc. under the category of contractual service suppliers); beyond six months a residence permit ‘Aufenthaltsbewilligung Betriebsentsandte’ would be required.

Rules regarding accompanying dependents

• Within Austrian FTA commitments, no rules are stipulated for accompanying dependents of this category.

Available review and/or appeal procedures

• Not necessary/not applicable as regards employment in Austria, if the conditions are met and the necessary documentation provided; in case of not fulfilling the conditions or documentation requirements, illegal employment would be assumed and the responsible employer would be fined. The employer may appeal against those decisions of the regional administrative authority (Bezirkshauptmannschaft) or magistrate at the Provincial Administrative court. Further appeals can be filed at the Administrative High Court or the Constitutional Court if the decision was based on unlawful grounds or violated constitutional rights. Appeals against decisions of the visa authorities can be filed at the Federal Administrative Court within 4 weeks after the decision has been taken.

Relevant laws of general application pertaining to the entry and temporary stay of natural persons

• Act Governing the Employment of Foreign Nationals (Ausländerbeschäftigungsgesetz=AuslBG) of 1975, Federal Law Gazette No. 218, as amended by subsequent federal Acts published in the FLG or FLG I (the latest amendment in FLG I No. 104/2019); Aliens Police Act (Fremdenpolizeigesetz – FPG), Visa Code.

Short term business visitors (STBV) for each of the following activities

Nota bene: Further elements of definition of those activities/category and conditions/ requirements can be found in the relevant FTAs (e.g. Annex 10-D of CETA). According to the Austrian FTA commitments/reservations the maximum duration of stay is 90 days in any six-month period for some activities or even a shorter period for other activities. Therefore the following information focuses on stays of the length according to the Austrian FTA commitments as described below and the relevant work permit as well as entry and stay requirements. Longer stays/exercising of those activities may be possible under stricter (Austrian) national rules.

Categories of visa, permits or any similar type of authorization regarding entry and temporary stay

• Visa C or D is required.

Work permit requirements and conditions to be met

You are considered a short-term business visitor if:

• you are not engaged in selling goods or a service to the general public;
• you are employed by an enterprise other than a non-profit organisation;
• you do not on your own behalf receive remuneration from a source located within Austria, but the remuneration and other labour conditions must comply with the relevant Austrian salary and labour standards including social insurance coverage according to Austrian law or relevant bilateral social insurance agreements;
• you are not engaged in the supply of a service in the framework of a contract concluded between an enterprise that has no commercial presence in Austria and a consumer in that territory, except for exercising the following activities in Austria (further elements of definition of those activities/category can be found in the relevant FTAs (e.g. Annex 10-D of CETA)):

Meetings and consultations

• No posting permit or conditional assurance/employment permit is required for activities of up to 90 days in any six-month period. Visa C or D is required.

Research and Design

• Posting permit or conditional assurance/employment permit is required, including economic needs test (labour market test), except for research activities of scientific and statistical researchers. Visa C or D is required.

Marketing research

• Posting permit or conditional assurance/employment permit is required, including economic needs test (labour market test). Economic needs test is waived for research and analysis activities for up to seven days in a month or 30 days in a calendar year. University degree is required. Visa C or D is required.

Training seminars

• No posting permit or conditional assurance/employment permit including an economic needs test (labour market test) is required for persons receiving training in techniques or work practices confined to observation, familiarisation and classroom instruction for a period of up to 90 days in any six month period. Visa C or D is required.

Trade fairs and exhibitions

• No posting permit or conditional assurance/employment permit, including economic needs test (labour market test) is required for promotional activities up to seven days in a month or 30 days in a calendar year. Visa C or D is required.

Sales (as representatives of a supplier of services or goods)

• No posting permit or conditional assurance/employment permit including an economic needs test (labour market test) is required for activities up to 90 days in any six-month period. Visa C or D is required.

Purchasing

• No posting permit or conditional assurance/employment permit including an economic needs test (labour market test) is required for activities of up to 90 days in any six-month period. Visa C or D is required.

After-sales or after-lease services (as installers, repair and maintenance personnel, and supervisors)

• Posting permit or conditional assurance/employment permit is required, including economic needs test (labour market test). Economic needs test (labour market test) is waived for natural persons training workers to perform services and possessing uncommon knowledge. Visa C or D is required.

Commercial transactions

• No posting permit or conditional assurance/employment permit, including economic needs test (labour market test) is required for activities up to seven days in a month or 30 days in a calendar year. Visa C or D is required.

Tourism personnel (attending or participating in conventions or accompanying a tour that has begun in the territory of the other Party)

• No posting permit or conditional assurance/employment permit including an economic needs test (labour market test) is required for such tour and travel agents’, tour managers’ and operators’ activities up to 90 days in any six-month period. (Nota bene: Tourism personnel that is not covered by the Austrian FTA commitments (e.g. cooks, waiters, receptionists, etc.) need a seasonal work/employment permit(conditions, etc. please see under the information item concerning seasonal workers). Visa C or D is required.

Translation and interpretation

• Posting or conditional assurance/employment permit, including economic needs test (labour market test) is required. Visa C or D is required.

For further information on posting permit, conditional assurance/employment permit and economic needs test (labour market test), please see the information provided under the category of CSSs.

Austrian wage and other labour conditions including Austrian social insurance rules or relevant bilateral social insurance agreements have to be observed whether a posting/employment permit is required or not for the activities.

Documentation required

• Your passport (must be valid at least three months beyond the expiry date of your visa issued for the relevant stay); your work/labour contract with the enterprise sending you to Austria; adequate evidence justifying the purpose of your stay (e.g. letter of invitation for training seminar); if there are still doubts about the genuine character of your activity, other adequate evidence may be required (including interviews with you or your employer); where posting permit or conditional assurance/employment permit is required for short-term business visitors, please see the relevant information concerning CSSs (below).
• Your documents must prove that you meet the general conditions for obtaining a visa (i.a. valid travel document, proof of sufficient means of subsistence, full medical insurance, adequate accommodation).

Where and how to file an application

• Not applicable as regards work permit requirements. You have to submit your application for a visa at the competent Austrian embassy or consulate abroad.

Application fees and indicative processing time

• Not applicable as regards work permit requirements. You have to pay the applicable visa fee. The decision on the visa application usually does not take more than 15 days.

The maximum period of stay under each type of authorisation

• Up to 90 days in any six-month period, except for those cases/activities (mentioned above) where shorter periods or more restrictive rules are foreseen by the Austrian commitments/reservations.

Conditions for any available extensions or renewal

• We may point to the condition that, according to the Austrian commitments/reservations in relevant FTAs, a transfer of STBVs to Austria may take up to 90 days in any six-month period, except for those cases/activities (mentioned above) where shorter periods or more restrictive rules are foreseen by the Austrian commitments/reservations. Beyond those 90 days, stricter (Austrian) national laws would apply.

Rules regarding accompanying dependents

• Within Austrian FTA commitments no rules are stipulated for accompanying dependents of this category.

Available review and/or appeal procedures

• Not necessary/not applicable as regards employment in Austria, if the conditions are met and the necessary documentation provided; in case of not fulfilling the conditions or documentation requirements, illegal employment would be assumed and the responsible employer would be fined. The employer may appeal against those decisions of the regional administrative authority (Bezirkshauptmannschaft) or magistrate at the Provincial Administrative court. Further appeals can be filed at the Administrative High Court or the Constitutional Court if the decision was based on unlawful grounds or violated constitutional rights. Appeals against decisions of the visa authorities can be filed at the Federal Administrative Court within 4 weeks after the decision has been taken.

Relevant laws of general application pertaining to the entry and temporary stay of natural persons

• Act Governing the Employment of Foreign Nationals (Ausländerbeschäftigungsgesetz=AuslBG) of 1975, Federal Law Gazette No. 218, as amended by subsequent federal Acts published in the FLG or FLG I (the latest amendment in FLG I No. 104/2019); Aliens Police Act (Fremdenpolizeigesetz – FPG), Visa Code.

Contractual services suppliers (CSSs)

Nota bene: Further elements of definition of those activities/category and conditions/requirements can be found in the relevant FTAs. According to the Austrian commitments in the FTAs, the maximum duration of stay is a cumulative period of six months in any 12-month period. Therefore the following information focuses on stays of that length and the relevant work permit and entry and stay requirements. Longer stays/exercising of those activities may be possible under stricter (Austrian) national rules.

Categories of visa, permits or any similar type of authorization regarding entry and temporary stay

• Visa C or D may be required.

Work permit requirements

• Posting permit (Entsendebewilligung) for employment of up to four months in any 12-month period in Austria or conditional assurance (Sicherungsbescheinigung)/employment permit (Beschäftigungsbewilligung) for employment of a cumulative period of more than four months in Austria, but not more than a cumulative period of six months in any 12-month period is required in Austria (nota bene: for activities in the construction sector a conditional assurance/employment permit may be required from the beginning, no matter how long they take).

Nota bene as regards conditional assurance: The employer usually has to obtain a conditional assurance (Sicherungsbescheinigung) from the Public Employment Service (Arbeitsmarktservice: which examines the fulfilment of the relevant conditions and requirements) before the CSS may be issued a visa by the Austrian consular offices. After the issuance of a visa, an employment permit has to be obtained from the Arbeitsmarktservice. This application for an employment permit usually is only a formality if there have been no substantial changes since the issuance of the conditional assurance, but work in Austria may only be taken up after the issuance of an employment permit. Exemption from the requirement of conditional assurance in cases where the CSS intends to enter Austria on the basis of a valid Schengen residence title of another Schengen Member State.

Conditions to be met

Your employer or his/her client has to obtain a posting permit (Entsendebewilligung) or conditional assurance (Sicherungsbescheinigung)/employment permit (Beschäftigungsbewilligung) for your employment in Austria via an application filed to the Public Employment Service (Arbeitsmarktservice= AMS) and supported by the necessary documentation (evidence). Those permits will be granted if:

• you are employed by an enterprise that has no establishment in Austria and that has concluded a contract (other than through an agency defined by CPC 872) to supply a service to a consumer in Austria;
• you have offered such services as an employee of your employer for a period of no less than one year immediately preceding the date of your application for entry and temporary stay;
• you possess, on that date, at least three years of professional experience in the relevant activity (obtained after the age of 18), a university degree or a qualification demonstrating knowledge of an equivalent level and the professional qualifications legally required to exercise that activity in Austria;
• you do not receive remuneration from a source located within Austria, but the remuneration paid by your employer and other labour conditions must be in line with the relevant Austrian salary and other labour standards (in particular Austrian collective wage agreements) including social insurance coverage according to Austrian law or relevant bilateral social insurance agreements;
• in general, a labour market test (economic needs test) is applied by the Public Employment Service (Arbeitsmarktservice). You pass the labour market test (Arbeitsmarktprüfung) if there is no Austrian or no non-Austrian worker (already integrated in the Austrian labour market) registered with the Arbeitsmarktservice who can be placed for the job.

NB: In accordance with the Austrian FTA commitments no labour market test (economic needs test) is applied for certain activities for a cumulative period of up to six months in any 12-month period in the following subsectors or professions or categories (CPC quotations refer to the Provisional Central Product Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No. 77, CPC prov 1991: within entertainment services (CPC 9619) this applies only to persons whose main professional activity is in the field of fine arts, deriving the major part of their income from that activity and who do not exercise any other commercial activity in Austria; travel agencies and tour operator services (including tour managers under certain conditions) (CPC 7471); legal advisory services in respect of public international law and foreign law (part of CPC 861); accounting and bookkeeping services (CPC 86212 other than auditing services, 86213, 86219 and 86220); taxation advisory services (CPC 863 except legal advisory and legal representational service on tax matters, which are under legal advisory services in respect of public international law and foreign law); research and development services (CPC 851, 852 excluding psychologists services under certain conditions, and 853); please see the exact definitions or Austrian commitments/reservations in the EU schedule of the relevant FTAs).

A visa will be granted if the general visa requirements are fulfilled.

Documentation required

• Completed and signed application form of Entsendebewilligung or Sicherungsbescheinigung/Beschäftigungsbewilligung; your passport (must be valid at least three months beyond the expiry date of the relevant visa); your work/labour contract (containing salary and working hours); service contract between your employer and a consumer; evidence of your high qualification (e.g. university diploma); evidence for the relevant work experience (if it cannot be derived from your work/labour contract); social insurance registration in Austria or relevant document as provided in bilateral social insurance agreements; if there are still doubts about the fulfilment of the conditions or requirements, other adequate evidence may be required (including interviews with you or your employer).
• Your documents must prove that you meet the general conditions for obtaining a visa (i.a. valid travel document, proof of sufficient means of subsistence, full medical insurance, adequate accommodation).

Where and how to file an application

• Your employer has to fill in and sign a form for ‘Entsendebewilligung’ or ‘Sicherungsbescheinigung/Beschäftigungsbewilligung’, which can be loaded down from the website of Arbeitsmarktservice or from the information portal migration.gv.at, and to submit it to the Arbeitsmarktservice in person or to send it by letter/telefax. You have to submit your application for a visa at the competent Austrian embassy or consulate abroad.

Application fees and indicative processing time

• In 2019: application fee for posting permit or conditional assurance/employment permit: EUR 14.30 plus EUR 3.90 per documentary sheet; issuance fee (in case of positive decision): EUR 6.50. You have to pay the applicable visa fee.
• Processing time: six weeks maximum for posting or employment permit/conditional assurance. The decision on the visa application usually does not take more than 15 days.

The maximum period of stay under each type of authorisation

• Posting permit up to four months in any 12-month period; conditional assurance/employment permit up to six months in any 12-month period; visa for the same periods.

Conditions for any available extensions or renewal

• Possible under stricter (Austrian) national rules, but not within the international FTA commitments of Austria.

Rules regarding accompanying dependents

• Not applicable.

Available review and/or appeal procedures

• Work permit related: your employer may appeal against decisions of the regional office of the Public Employment Service (Arbeitsmarktservice) at the Federal Administrative Court. Further appeals can be filed at the Administrative High Court or the Constitutional Court if the decision was based on unlawful grounds or violated constitutional rights. Appeals against decisions of the visa authorities can be filed at the Federal Administrative Court within 4 weeks after the decision has been taken.

Relevant laws of general application pertaining to the entry and temporary stay of natural persons

• Act Governing the Employment of Foreign Nationals (Ausländerbeschäftigungsgesetz=AuslBG) of 1975, Federal Law Gazette No. 218, as amended by subsequent federal Acts published in the FLG or FLG I (the latest amendment in FLG I No. 104/2019); Aliens Police Act (Fremdenpolizeigesetz – FPG), Visa Code.

Independent Professionals (IPs)

Nota bene: Further elements of definition of those activities/category and conditions/requirements can be found in the relevant FTAs. According to the Austrian commitments/reservations in CETA and many other FTAs, the maximum duration of stay is for a cumulative period of six months or less in any 12-month period. Therefore, the following information focuses on stays of that length and the relevant work permit and entry and stay requirements. Longer stays/exercising of those activities may be possible under stricter (Austrian) national rules.

Categories of visa, permits or any similar type of authorization regarding entry and temporary stay

• Visa C or D is required.

Work permit requirements

• No posting permit (Entsendebewilligung) or conditional assurance(Sicherungsbescheinigung)/employment permit (Beschäftigungsbewilligung) is required if it is a genuine self-employed person who intends exercising genuine self-employed tasks in Austria. In case of doubt visa authorities may ask that the independent professional requests an assessment/declaration of the Arbeitsmarktservice about the genuine character of the intended work (assessment is based on the actual economic substance rather than on the outer appearance/headline of the contract). If the employment should be considered as dependent, a posting permit or conditional assurance/employment permit would be required. Nota bene:trade licence or similar authorisation may be required.

Conditions to be met

A visa will be granted if:

• you are a (genuine) self-employed person intending to perform a (genuine) self-employed work in supplying a service on a temporary basis in Austria;
• you have obtained a service contract for a maximum duration of a cumulative period of six months in any 12-month period;
• you have no establishment in Austria and you have concluded a contract (other than through an agency defined by CPC 872) to supply a service to a consumer in Austria;
• you possess, on that date, at least six years of professional experience in the relevant activity, a university degree or a qualification demonstrating knowledge of an equivalent level and the professional qualifications legally required to exercise that activity in Austria;
• you possess a trade licence or similar authorisation issued or recognised by Austrian trade or professional authorities - where applicable, after an economic needs test, which may take into account labour market implications.In accordance with the Austrian FTA commitments/reservations no economic needs test is applied in the following subsectors or professions (CPC quotations refer to CPC prov. 1991): legal advisory services in respect of public international law and foreign law/part of CPC 861; research and development services (CPC 851, 852 excluding psychologists services under certain conditions, and 853); please see the exact definitions or Austrian commitments/reservations in the EU schedule of the relevant FTAs).

A visa will be granted if the general visa requirements are fulfilled.

Documentation required

• Your passport (must be valid at least three months beyond the expiry date of the relevant visa); service contract between you and a consumer; evidence on your high qualification (e.g. university diploma); evidence for the relevant work experience; document on recognition of your qualification; trade licence or similar authorisation issued or recognised by the Austrian trade or other authorities; social insurance registration in Austria or relevant document as provided in bilateral social insurance agreements. Your documents must prove that you meet the general conditions for obtaining a visa (i.e. valid travel document, proof of sufficient means of subsistence, full medical insurance, adequate accommodation).

Where and how to file an application

• You have to submit your application for a visa at the competent Austrian embassy or consulate abroad.

Application fees and indicative processing time

• You have to pay the applicable visa fee. The decision on the visa application usually does not take more than 15 days

The maximum period of stay under each type of authorisation

• Visa: maximum stay of six months in any 12-month period.

Conditions for any available extensions or renewal

• Within the Austrian commitments in the FTAs no rules are stipulated for extensions or renewals.

Rules regarding accompanying dependents

• Not applicable.

Available review and/or appeal procedures

• You may appeal against decisions of the regional office of the Public Employment Service (Arbeitsmarktservice) concerning the assessment of the genuine character of your work as dependent at the Federal Administrative court. Further appeals can be filed at the Administrative High Court or the Constitutional Court if the decision was based on unlawful grounds or violated constitutional rights. Appeals against decisions of the visa authorities can be filed at the Federal Administrative Court within 4 weeks after the decision has been taken.

Relevant laws of general application pertaining to the entry and temporary stay of natural persons

• Act Governing the Employment of Foreign Nationals (Ausländerbeschäftigungsgesetz=AuslBG) of 1975, Federal Law Gazette (FLG) 218, as amended by subsequent federal Acts published in the FLG or FLG I (the latest amendment in FLG I No. 104/2019); Trade Act (Gewerbeordnung) FLG No.194/1994 as amended by subsequent federal Acts publisher din the FLG or FLG I (the latest amendment in FLG I No. 112/2018) and other laws concerning similar authoirzations in the relevant sectors/subsectors and professions ; Aliens Police Act (Fremdenpolizeigesetz – FPG), Visa Code.

Investors

Nota bene: Further elements of definition of those activities/categories and conditions/requirements can be found in the Austrian commitments in the relevant FTAs. Beside those opportunities within FTA commitments, investors may use several other attractive pathways to enter, stay and work in Austria based on (Austrian) national rules (e.g. Red-White-Red – Card for self-employed key workers and for start-up founders (see below), residence permit “ICT” for intra-corporate transferees).

Information below is for stays exceeding six months unless stated otherwise.

Categories of visa, permits or any similar type of authorization regarding entry and temporary stay

• To carry out self-employment in Austria, you must obtain the necessary residence permit if you plan to stay in Austria for more than six months.
• In case of investors the relevant residence permits are:
  • Red-White-Red – Card for self-employed key workers (Rot-Weiß-Rot – Karte Selbständige)
  • Red-White-Red – Card for start-up founders (Rot-Weiß-Rot – Karte Start-up Gründer)
  • Temporary Residence Permit for self-employed workers (Aufenthaltsbewilligung Selbständiger)
  • Temporary Residence Permit for posted workers (Aufenthaltsbewilligung Betriebsentsandte)
• Regarding stays below six months, a Visa C (“short stay visa” for a maximum stay of 90 days per 180 days) or a Visa D (“national visa” for a stay of 91 days to 6 months) may be required.

Work permit requirements

• A work permit is not required for self-employed work.
• Regarding the “Aufenthaltsbewilligung Betriebsentsandte”, a posting permit (Entsendebewilligung) for employment of up to four months in any six month period in Austria or conditional assurance (Sicherungsbescheinigung)/employment permit (Beschäftigungsbewilligung) for employment for a period of more than four months, but not more than 12 months is required in Austria (nota bene: for activities in the construction sector a conditional assurance/employment permit may be required from the beginning, no matter how long they take).
• Nota bene as regards conditional assurance: The employer usually has to obtain a conditional assurance (Sicherungsbescheinigung) from the Public Employment Service (Arbeitsmarktservice), which examines the fulfilment of the relevant conditions and requirements before the investor may be issued a visa by the Austrian consular offices. After the issuance of a visa, an employment permit has to be obtained from the Arbeitsmarktservice. This application for an employment permit is usually only a formality if there have been no substantial changes since the issuance of the conditional assurance, but work in Austria may only be taken up after the issuance of an employment permit. Exemptions from the requirement of a conditional assurance exist in cases where the investor intends to enter Austria on the basis of a valid Schengen residence permit of another Schengen Member State.

Documentation required and conditions to be met

To obtain a residence permit, you must meet the specific conditions of the title (see below) and prove that you meet the general conditions for the residence permit in Austria, namely:

• full medical insurance;
• adequate means of subsistence;
• adequate accommodation corresponding to Austrian standards (not required in case of a Red-White-Red -Card);
• no threat for public order or security.

Specific conditions for self-employed key workers:

• A specific scheme for self-employed workers is provided within the system of the Red-White-Red – Card (Rot-Weiß-Rot – Karte).
• You can apply as a self-employed key worker for a Red-White-Red – Card, if your occupation in Austria creates macroeconomic benefits going beyond operational benefits.
• This may be the case if:
  • the intended occupation involves a sustained transfer of investment capital to Austria amounting to € 100.000 minimum;
  • the intended occupation creates new jobs or secures existing jobs in Austria;
  • the settlement of the key worker involves the transfer of know-how respectively the introduction of new technologies;
  • the key worker’s company is of considerable significance for the entire region.

Specific conditions for Start-up Founders:

• As a third-country national you can apply for a Red-White-Red – Card for start-up founders if you:
  • establish a company in order to develop and launch on the market innovative products, services, processing methods or technologies;
  • to that end submit a consistent business plan for establishing and running that company;
  • personally exert controlling influence on the management of the newly set-up company;
  • prove capital for the company to be founded amounting to € 50.000 minimum with an equity share of at least 50 %;
  • can score 50 points minimum according to the criteria determined in the Aliens Employment Act.

Specific conditions for Temporary Residence Permit – self-employed worker (Aufenthaltsbewilligung – Selbständiger):

• As a third-country national you can apply for a Temporary Residence Permit – self-employed worker if you:
  • can prove a contractual obligation for self-employed work for a period exceeding six months.

Conditions for residence permit ‘Aufenthaltsbewilligung Betriebsentsandte’

• For your employment in Austria, your employer has to obtain a posting permit (Entsendebewilligung) or conditional assurance (Sicherungsbescheinigung)/employment permit (Beschäftigungsbewilligung) via an application filed to the Public Employment Service (Arbeitsmarktservice= AMS) and supported by the necessary documentation (evidence). Those permits will be granted if:
  • you work in a supervisory or managerial position (please see relevant definitions under the category of ‘intra-corporate-transferees’) in an enterprise other than a non-profit organization;
  • you are responsible for establishing, developing, or administrating an investment/enterprise in Austria;
  • you or your enterprise have committed or is in the process of committing a substantial amount of capital (at least € 100,000) to the investment/enterprise in Austria;
  • your salary and other labour conditions must comply with the relevant Austrian salary and labour standards including social insurance coverage according to Austrian law or relevant bilateral social insurance agreements;
  • your transfer to Austria for setting up the enterprise takes one year, but may be extended under national rules;
  • a labour market test (economic needs test) may be applied by the Public Employment Service (Arbeitsmarktservice). You pass the labour market test (Arbeitsmarktprüfung) if there is no Austrian or no non-Austrian worker (already integrated in the Austrian labour market) registered with the Arbeitsmarktservice who can be placed for the job. The special situation of investors is taken into account.
• A visa will be granted if the general visa requirements are fulfilled.

Documentation required for the posting permit or the conditional assurance/employment permit

• Completed and signed application form of Entsendebewilligung or Sicherungsbescheinigung/Beschäftigungsbewilligung; your passport (must be valid at least three months beyond the expiry date of the relevant visa); your work/labour contract (containing salary and working hours); evidence of your supervisory or managerial position (if it cannot be derived from your work/labour contract); evidence of having committed or committing a substantial amount of capital (at least € 100,000) and of the investment context (e.g. bank guarantees, official documentation provided by Austrian trade register, business plan, etc.); social insurance registration in Austria or relevant document as provided in bilateral social insurance agreements. If there are still doubts about the fulfilment of the conditions or requirements, other adequate evidence may be required (including interviews with you or your employer).
• Your documents must prove that you meet the general conditions for obtaining a visa (i.a. valid travel document, proof of sufficient means of subsistence, full medical insurance, adequate accommodation).

Where and how to file an application

• You must, in general, apply for your residence permit and visa in your home country before entering Austria. You should submit your application to the competent representation authorityin your country and wait for the decision.
• In specific cases, you can apply in Austria after legal entry and during your legal stay (e.g. if you do not need a visa to enter Austria during your visa free stay).
• All applications must be submitted in person.
• Your documents must prove that you meet the specific and general conditions for the residence permit.
• You can find application forms for the residence permits here: Antragsformulare (bmi.gv.at).
• For the posting permit or the conditional assurance/employment permit your employer has to fill in and sign a form for ‘Entsendebewilligung’ or ‘Sicherungsbescheinigung/Beschäftigungsbewilligung’, which can be downloaded from the website of Arbeitsmarktservice or from the information portal migration.gv.at, and to submit it to the Arbeitsmarktservice in person or to send it by letter/telefax. You have to submit your application for a visa at the competent Austrian embassy or consulate abroad.

Application fees and indicative processing time

• Regarding Residence Permits:
  • Application fee - € 120,00
  • Granting fee - € 20,00
  • Personalisation fee - € 20,00
• For a Red-White-Red – Card a maximum processing time of 8 weeks is provided by the law. For a Temporary Residence Permit – self-employed worker the maximum processing time is of 6 months.
• In 2021, the application fee for a posting permit or conditional assurance/employment permit amounts to €30 plus € 3.90 per documentary sheet; the issuance fee (in case of positive decision) amounts to € 6.50. You have to pay the applicable visa fee. The processing time for posting or employment permit/conditional assurance is of maximum 6 weeks. The decision on the visa application usually does not take more than 15 days.

The maximum period of stay under each type of authorisation

• Permits are usually granted for one year. The Red White Red – Card is granted for two years. In case the validity of the passport is shorter, the residence permit can only be granted for the remaining validity of the passport.
• The posting permit is granted for up to four months in any 12-month period; the conditional assurance/employment permit is granted for up to 12-months; visa are granted for the same periods.

Conditions for any available extensions or renewal

• In general, extensions or renewals of permits are possible under (Austrian) national rules, but not within the international FTA commitments of Austria.
• A Red-White-Red – Card for self-employed key workers can be renewed after the initial two years provided that the business is set up and the general granting requirements are met. The person can then obtain a settlement permit (Niederlassungsbewilligung) for three years. The settlement permit entitles its holder to fixed-term settlement and the pursuit of the self-employed occupation. It can be extended again. After five years of settlement in Austria, a long term resident status is available (at which point German language skills are required).
• A Red-White-Red – Card for start-up founders can be renewed after the initial two years provided that the business is set up and the general granting requirements are met. The person can then obtain a Red-White-Red – Card plus for three years. The Red-White-Red – Card plus entitles its holder to fixed-term settlement and the pursuit of the employed or self-employed occupation. It can be extended again. After five years of settlement in Austria, a long term resident status is available (at which point German language skills are required).
• A Temporary Residence Permit – self-employed worker can also, in principle, be renewed. However, this permit is not intended for settlement in Austria so the authorities will examine in each case if the person intends to settle.
• All renewals are upon application of the holder of a residence permit. In order to prolong the residence permit or change its purpose in time, the holder must make an in-country application. Such applications are submitted to the regional administrative authority or magistrate (e.g. in Vienna) before the expiry date of the most recent residence permit.

Rules regarding accompanying dependents

• Family members of Investors under the Red-White-Red – Card scheme can apply for a residence permit on grounds of family reunification. Family members are spouses and registered partners (provided they are both over the age of 21 at the time of application) and children up to the age of 18 (at time of application).
• For holders of a Temporary Residence Permit – self-employed worker no family reunification is possible. Likewise, for the other permit mentioned above (i.e. Aufenthaltsbewilligung Betriebsentsandte) rules regarding accompanying dependents are not applicable.

Available review and/or appeal procedures

• Applications submitted from outside Austria can be refused by the competent Austrian representation authorityabroad for formal reasons.
• You can appeal against decisions of the representation authority before the Federal Administrative Court.
• Appeals against decisions of the regional administrative authority or magistrate can be filed before the Provincial Administrative Court.
• Decisions of the regional Public Employment Service can be appealed before the Federal Administrative Court.
• Further appeals can be filed before the Administrative High Court, or the Constitutional Court if the decision was based on unlawful grounds or violated constitutional rights.
• Appeals against decisions of the visa authorities can be filed before the Federal Administrative Court within 4 weeks after the decision has been taken.

Relevant laws of general application pertaining to the entry and temporary stay of natural persons

• Federal Act on Settlement and Stay in Austria (Bundesgesetz über die Niederlassung und den Aufenthalt in Österreich (Niederlassungs- und Aufenthaltsgesetz – NAG))
• Act Governing the Employment of Foreign Nationals (Ausländerbeschäftigungsgesetz=AuslBG) of 1975, Federal Law Gazette No. 218, as amended by subsequent federal Acts published in the FLG or FLG I (the latest amendment in FLG I No. 104/2019); Aliens Police Act (Fremdenpolizeigesetz – FPG), Visa Code.

Further information can be found here: Austrian Migration Portal.