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IMMIGRATION

How Britons in Austria can secure post-Brexit residency

With the Brexit transition phase now over, a new residency application process is being rolled out for those British residents in Austria covered by the Withdrawal Agreement. Here's what you need to know.

How Britons in Austria can secure post-Brexit residency
Photo: ALEXANDER KLEIN / AFP

Brexit has been finalised – but what does this mean for Britons living in Austria? Hayley Maguire explains how Britons can stay in Austria permanently. 

What is the new residency permit?

The new post-Brexit residency permit for Britons who were resident in Austria before the end of the transition period on December 31st is known as the Article 50 EUV Card.

The Article 50 EUV Card will be valid for five years, or for ten years depending on how long the applicant has lived in the country for, but they guarantee the right to permanent residency, just as being an EU citizen did. 

Any British nationals moving to Austria in 2021 and beyond cannot qualify for the Article 50 EUV card and must apply for a visa as a third country national.

Applications are open

The application process opened on January 4th but there is plenty of time to apply with the deadline for submitting an application is the end of December 2021.

Many residents have already started the process with the first appointments taking place across the country this week.

As this is the early days of a new system being rolled out nationally, some teething problems can be expected. But so far, most people seem happy with the process.

READ MORE: What Brits in Austria must do to prepare for the realities of Brexit

Are there any problems?

Mike Bailey, from British in Austria, said: “The general response from our feedback form is that it’s quite a straightforward process and no one has been turned away.”

However, there are delays being reported in some western provinces, such as Vorarlberg and Tyrol, and there are reports of differing amounts being charged for the processing fee.

The British in Austria Network is working with the British Embassy to clarify the issue.

There have also been reports on Twitter that some people are being denied the 10-year Article 50 EUV Card which in effect grants permanent residency.

A Tweet from podcasters @TAutsiders said: “We’re hearing that some Brits are being refused a 10 year EUV 50 Brexit Card despite having the required permanent residency rights.”

The Local is looking into whether this is the case – so please email us if you have had any difficulties in receiving the 10-year card.

For those that haven’t started the application yet, don’t be alarmed. The process can be broken down into three steps: filling out an application form, gathering the necessary documents and booking an appointment with the Austrian authorities.

Article 50 EUV Card application form

Proof of German language skills is not a requirement for the residency card but the application form is in German, so people without strong German language skills might need some help to fill out the form.

The information to be submitted includes personal data like name, address, date of birth and social insurance number (Sozialversicherungsnummer). The form also asks for the name of the applicants mother and father.

Next, the applicant has to state why they are staying in Austria, such as for work, study or as a self-employed person. As well as provide details about children, a spouse or registered partner in Austria, or any criminal convictions.

Booking an appointment

To submit the application for the Article 50 EUV Card, British residents have to book an appointment with the relevant authorities where they live.

For people in Vienna, this means at the Magistratsabteilung 35 (MA 35) that deals with immigration and citizenship. The first appointments took place on 4 January, in line with social distancing guidelines.

For other provinces, the appointment has to be made at either the Bezirkshauptmannschaft (district authority) or Gemeinde (municipality). For example, in Styria it will be either Leibnitz or Graz.

There are exceptions though, with some provinces not taking bookings for appointments until after the current lockdown has ended. Currently that date is January 24th but things may change depending on the Covid-19 situation.

According to britishinaustria.net, Salzburg and Innsbruck are not yet facilitating appointments, and there are similar reports coming out of Vorarlberg.

What does the appointment involve?

Mike Bailey from British in Austria says the appointments are mainly to process the documents, take fingerprints and hand over a bill for the process rather than to grill applicants about their lives in Austria.

The group’s advice for those in Vienna were mainly wrap up warm, prepare to wait between 20 and 50 minutes, check that your Medezettel is returned to you and check the fee – “it should be no more than €15 for Bescheinigung des Daueraufenthalts ( permanent residency) – if they charge €75 ask them to check”.

Documents needed to apply 

To apply for the permit applicants will need their valid British passport or identity card and documents to show how they will continue living in Austria. This will depend on what has been stated on the form, as detailed below.

So employed applicants will need a work contract from an employer and self-employed people will need a work contract or an income-tax assessment from last year.

Students will need to show confirmation of enrolment at an Austrian educational establishment.

An economically inactive person will need proof of health insurance and financial resources, like a pension.

A husband, wife or registered partner (Familienangehöriger) will need to show the Anmeldebescheinigung (registration certificate) or a wedding certificate.

All applicants will have their fingerprints taken and need to provide a passport photo that is no more than six months old. Finally, the application form has to be signed in front of an employee of the Austrian authority during the appointment.

Don’t panic

For some British residents in Austria, the prospect of new bureaucracy is daunting and the British in Austria Network is providing guidance and advice. Mike Bailey says anyone struggling with the process should reach out for help.

He said: “Visit the britistinaustria.net website and don’t panic. The initial indications from people submitting the application are good and it seems to be straightforward. 

“But don’t bury your head in the sand. Try to seek help rather than hiding if you’re worried.”

The first applications are now being processed with the first Article 50 EUV Cards expected to be issued in the coming weeks.

Member comments

  1. A minor clarification – we have posted information received from britishinaustria.net site users in Leibniz and Graz – about specific contacts, other Bezirke and Gemeinde in Styria will naturally also handle appointments through the Bezirkshauptmannschaften (BH).

  2. A minor clarification – we have posted information received from britishinaustria.net site users in Leibniz and Graz – about specific contacts, other Bezirke and Gemeinde in Styria will naturally also handle appointments through the Bezirkshauptmannschaften (BH).

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IMMIGRATION

‘Shift to the right’: How European nations are tightening migration policies

The success of far-right parties in elections in key European countries is prompting even centrist and left-wing governments to tighten policies on migration, creating cracks in unity and sparking concern among activists.

'Shift to the right': How European nations are tightening migration policies

With the German far right coming out on top in two state elections earlier this month, the socialist-led national Berlin government has reimposed border controls on Western frontiers that are supposed to see freedom of movement in the European Union’s Schengen zone.

The Netherlands government, which includes the party of Dutch far-right leader Geert Wilders, announced Wednesday that it had requested from Brussels an opt-out from EU rules on asylum, with Prime Minister Dick Schoof declaring that there was an asylum “crisis”.

Meanwhile, new British Prime Minister Keir Starmer of the left-wing Labour Party paid a visit to Rome for talks with Italian counterpart Georgia Meloni, whose party has neo-fascist roots, to discuss the strategies used by Italy in seeking to reduce migration.

Far-right parties performed strongly in June European elections, coming out on top in France, prompting President Emmanuel Macron to call snap elections which resulted in right-winger Michel Barnier, who has previously called for a moratorium on migration, being named prime minister.

We are witnessing the “continuation of a rightward shift in migration policies in the European Union,” said Jerome Vignon, migration advisor at the Jacques Delors Institute think-tank.

It reflected the rise of far-right parties in the European elections in June, and more recently in the two regional elections in Germany, he said, referring to a “quite clearly protectionist and conservative trend”.

Strong message

“Anti-immigration positions that were previously the preserve of the extreme right are now contaminating centre-right parties, even centre-left parties like the Social Democrats” in Germany, added Florian Trauner, a migration specialist at the Vrije Universiteit Brussel, the Dutch-speaking university in Brussels.

While the Labour government in London has ditched its right-wing Conservative predecessor administration’s plan to send asylum seekers to Rwanda, there is clearly interest in a deal Italy has struck with Albania to detain and process migrants there.

Within the European Union, Cyprus has suspended the processing of asylum applications from Syrian applicants, while laws have appeared authorising pushbacks at the border in Finland and Lithuania.

Under the pretext of dealing with “emergency” or “crisis” situations, the list of exemptions and deviations from the common rules defined by the European Union continues to grow.

All this flies in the face of the new EU migration pact, agreed only in May and coming into force in 2026.

In the wake of deadly attacks in Mannheim and most recently Solingen blamed on radical Islamists, German Chancellor Olaf Scholz’s government also expelled 28 Afghans back to their home country for the first time since the Taliban takeover of Kabul.

Such gestures from Germany are all the more symbolic given how the country since World War II has tried to turn itself into a model of integration, taking in a million refugees, mainly Syrians in 2015-2016 and then more than a million Ukrainian exiles since the Russian invasion.

Germany is sending a “strong message” to its own public as well as to its European partners, said Trauner.

The migratory pressure “remains significant” with more than 500,000 asylum applications registered in the European Union for the first six months of the year, he said.

‘Climate on impunity’

Germany, which received about a quarter of them alone, criticises the countries of southern Europe for allowing migrants to circulate without processing their asylum applications, but southern states denounce a lack of solidarity of the rest of Europe.

The moves by Germany were condemned by EU allies including Greece and Poland, but Scholz received the perhaps unwelcome accolade of praise from Hungarian right-wing Prime Minister Viktor Orban, Moscow’s closest friend in the European Union, when he declared “welcome to the club”.

The EU Commission’s failure to hold countries to account “only fosters a climate of impunity where unilateral migration policies and practices can proliferate,” said Adriana Tidona, Amnesty International’s Migration Researcher.

But behind the rhetoric, all European states are also aware of the crucial role played by migrants in keeping sectors going including transport and healthcare, as well as the importance of attracting skilled labour.

“Behind the symbolic speeches, European leaders, particularly German ones, remain pragmatic: border controls are targeted,” said Sophie Meiners, a migration researcher with the German Council on Foreign Relations.

Even Meloni’s government has allowed the entry into Italy of 452,000 foreign workers for the period 2023-2025.

“In parallel to this kind of new restrictive measures, they know they need to address skilled labour needs,” she said.

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