Residence entitlement is an additional prerequisite for permission for non-self-employed work in Austria. Austrian alien registration law differentiates between a planned permanent or temporary sojourn in Austria. Should a non-EEA citizen intend to settle permanently, they must apply for settlement authorization. If, however, only a short stay is planned, a residence permit is issued.
Prior to his/her entry into Austria, the persons concerned must apply for the issuance of a socalled residence permit in person at the Austrian representation abroad. The following documents must be included with the application to the Austrian consulate or embassy:
- a valid travel document
- a passport photograph
- evidence of sufficient funds
- evidence of accommodation
- evidence of health insurance covering all risks
- original birth certificate and a certified translation
- certificate of good character and certified translation and
- if already available, a work or delegation authorization or security confirmation entitling the bearer to work in Austria (may be submitted at a later date if not yet available).
There is an exception to the above regulations for US citizens: they may enter Austria without further formality (and without a visa) and may apply for a residence permit while they are in Austria.
In cases of complete artistic productions, both artistic and technical personnel may obtain a residence permit for artists lasting a maximum of six months. Security confirmations from the Labor Market Service are to be submitted to the Austrian representation abroad.
In general, decisions are rendered by the competent Austrian authority, i.e. the Alien Registration Authority for residence permits, located at the District Administration Office and/or Federal Police headquarters. Locally competent provincial governor (or the district commissioners/municipal authorities authorized) renders decisions on applications for settlement authorization. Applicants are to obtain these documents from the Austrian representation abroad.
The Austrian Embassy or Consulate can issue instant residence permits for performing and creative artists as defined by the Foreign Citizens’ Employment Act, if such persons submit a work authorization (or a security confirmation) or a contract for a relevant event in Austria. These residence permits are valid for a maximum of six months and cannot be renewed in Austria.
It is impossible to obtain a residence entitlement (i.e. residence permit, settlement authorization) after entry into Austria, with or without visa.
Fremdenpolizeiliches Büro/Alien Registration Authority Office
Bundespolizeidirektion/Federal Police Headquarters
Hernalser Gürtel 6-12
A-1080 Wien/Vienna
T: (+43) (0)1 42792-0
Arbeitsmarktservice Österreich/Public Employment Service Austria
Michaela Lobner
Treustraße 35-43
A-1200 Wien/Vienna
T: (+43) (0)1 33178-215
F: (+43) (0)1 33178-120