For non EU citizens to take up legal gainful employment in Austria a valid certificate of residence: a settlement permit , a temporary residence permit is required.
For questions regarding residence regulations in Austria, please contact the customer service centre of Municipal Department 35 - Immigration and Citizenship, Registry Offices (MA 35) .
Employment permit (Beschäftigungsbewilligung)
Employment permits are granted to individual foreigners following application by the prospective employer.
Employment permits entitle their holders to take up legal gainful employment at a clearly defined workplace in Austria. As of January 1, 2003 employment permits are only granted to integrated foreigners already in possession of a certificate of residence.
Work permit (Arbeitserlaubnis)
Persons who have been legally employed with employment permits for 52 weeks may apply for a work permit.
These are non-transferrable permits and are issued for a specific province, allowing holders to choose their employer and type of employment.
The employer merely has to report commencement (including main wage and working conditions) and termination of a person’s employment to the relevant regional Public Employment Service (AMS) .
Work permits are valid for a period of two years and may be extended under certain conditions (for instance number of employment periods). For extensions please apply with the relevant regional labour market service.
Certificate of exemption (Befreiungsschein)
Foreigners who have been issued certificates of exemption (Befreiungsschein) are put on an equal status with Austrian employees.
To apply for a certificate of exemption the following requirements must be met:
- A minimum of five years employment during the past eight years (registered employment)
- Completion of a full final year of compulsory schooling in Austria, provided the person has a permanent residence permit (Niederlassungsbewilligung) and one of their parents lived and worked legally in Austria for three years during the previous five years.
- Foreigners who have been married to an Austrian for a minimum of five years (for married foreigners the act governing employment of foreigners (AuslBG) does not apply). In the event of death spouses may immediately apply for a certificate of exemption. Residence in Austria is required.
- Foreigners who met the requirements for a certificate of exemption as young persons or because of EEA citizenship of one of their parents did not fall under the AuslBG, provided they have legally lived in Austria for a minimum of two and a half years during the past five years.
Certificates of exemption are non-transferrable permits and are valid for five years for all of Austria. Holders may choose their employers, the type of employment and location anywhere in Austria. Employers merely have to report commencement and termination of employment.
Employers need not apply for employment permits.
Certificates of exemption are issued by the relevant regional labour market service.
Freedom of movement (Freizügigkeitsbestätigung)
Certificates of freedom of movement are non-transferrable permits allowing holders to choose their employers, type of employment and location anywhere in Austria.
Certificates of freedom of movement are issued:
- following twelve months of uninterrupted legal employment
- to holders of certificates of exemption (Befreiungsschein) or new EU citizens entitled to a certificate of exemption
- following five years of legal residence in Austria during which the applicant was legally employed and receive a regular salary
Spouses and children of new EU citizens living in the same household (before May 1, 2004) are also entitled to a certificate of freedom of movement. Family members who move to Austria at a later point must live in the same household for a minimum of 18 months before applying.
The certificate of freedom of movement is valid for an unlimited period of time. It becomes invalid once a person moves their main residence to another country. Certificates of freedom of movement are issued by the relevant regional labour market service.
This article has been submitted by Wien.at .