Residence Permit

Referring to the “Niederlassungs- und Aufenthaltsgesetz” foreigners who intend to stay in Austria for more than 180 days need to apply for an Austrian Residence Permit.

Applications for Austrian Residence Permits have to be submitted before leaving for Austria and the decision needs to be awaited abroad. However, the following individuals are permitted to file their application at the competent authority in Austria directly:

• foreign nationals who may enter Austria under the Visa Waiver Program (e.g. US nationals).
• spouses and children of EU & EFTA citizens residing permanently in Austria
• researchers and their dependents
• foreign nationals who previously held Austrian or EU & EFTA citizenship
• Parents may file an application on behalf of a child born in Austria within 6 months of the birth, provided the mother was legally in Austria at the time of the birth.
• high qualified job seekers approved by the Austrian Public Employment Service (AMS)

Applicants who enter Austria under the visa waiver program and apply in Austria directly should be aware, that in case of a processing time of their application beyond their legal visa free stay in Austria and the Schengen area (i.e. longer than 90 days), the applicant has to leave the Schengen area and await the decision of the Austrian authorities in charge abroad.

Please note that the Austrian Representations abroad are only authorized to accept but do not process the applications for Residence Permits. After having checked whether the submitted documentation is complete the original documentation is forwarded to the competent authority in Austriawhere it is processed and finalized. The Austrian authority takes between 2-6 months to process an application depending on the documentation submitted, complexity of the case and season of the year.
You are informed that the Austrian Representations do not have access to the data base of the Austrian authorities, therefore cannot give any information about the status of your application and request you to get in touch with the concerned authority directly.

Once the Residence Permit has been approved it is to be collected at the issuing authority in Austria. Please note that an additional fee at the time of collection will be charged. Additionally, all Non-EU or Non-EFTA nationals, who plan to stay in Austria for more than 24 months, need to sign an “Integration Agreement”.

Please note the following important information:

• Applications must be submitted in person within our opening hours.
• Only complete applications are accepted.
• If the applicant is a minor, the application form must be signed by both legal guardians and notarized by a notary public.
• If you wish to have original documentation returned, please provide a copy thereof.
• Foreign-language documentation (except Passport and Birth Certificate) needs to be translated into German by a Professional Translating Service. Please note that the Austrian authorities sometimes accept documentation in English but still can request a translation at any time during the application process.
• If deemed necessary further documentation can be requested by the competent authority in Austria.

• Application Form (German)
  Please note the translation of the application form but DO NOT fill it.
• passport
• valid for at least three months beyond the date of return
• if applicable: two blank pages to affix the entry permit (Austrian National Visa D)
• copy of present passport
• application form completed and signed twice
• page no. 1 - within the box not touching the frame; page no.
• if applicable:
  “Haftungserklärung“ – „Declaration of Liability”
• „Aufnahmevereinbarung - Admittance Agreement“
• two recent passport-sized pictures (see Photo Guidelines)
• original birth certificate attested with an Apostille by the competent Secretary of State
• original criminal record issued by local police stations; not older than three months; attested with an Apostille by competent Secretary of State
• comprehensive health and accident insurance mentioning coverage in all EU member states; valid for the entire duration of stay or confirmation from spouse’s health insurance in Austria regarding entitlement to co-insurance according § 123 ASVG
• proof of insured living expenses (e.g. scholarship, letter of grants, bank statements of the last three months)
• proof of legal entitlement to standard accommodation in Austria (e.g. tenancy contract, confirmation from Employer, proof of property
• consular fee

Information on the Apostille

• “Sicherungsbescheinigung”, “Beschäftigungsbewilligung”, „Anzeigebestätigung“ issued by the “Austrian Public Employment Service – AMS”
• statement of salary or income in Austria
• letter by Austrian employer
• last income tax statement
• contract letter
• business plan
• letter of agreement
• original letter of Admission/Acceptance of the Austrian university/school
• signed Au-Pair Contract
• marriage certificate/divorce degree/death certificate/adoption certificate
• copy of residence permit card/Austrian passport of the individual residing in Austria
• “Meldezettel” (registration of residence) of the individual residing in Austria
• evidence of relationship to the individual residing in Austria (e.g. marriage/divorce/death certificate)

Please note that further documentation could be requested.

Last Update: July 25, 2011