Austria Permanent Residence

Indeed, the "long term resident" residence permit in Austria grants the holder the right to permanent settlement in the country and provides unrestricted access to the labor market. While the right of residence is technically unlimited as long as the individual maintains their settlement in Austria, the residence permit card itself is initially issued with a validity period of five years.

After the initial five years, the holder must apply for the issuance of a new residence permit card to continue enjoying the benefits and rights associated with permanent settlement in Austria. This process helps ensure that the authorities can update and verify the status of the individual and their continued eligibility for the "long term resident" permit.

The residence permit "long term resident" in Austria is available to third-country nationals who meet certain criteria:

General Conditions:

• Meet the standard requirements for granting a residence permit (check below)

Five Years of Settlement in Austria:

• Have been entitled to settlement in Austria without any interruption for the last five years.

Fulfillment of Integration Agreement - Module 2:

• Successfully fulfill Module 2 of the Integration Agreement.

For settlement purposes, the following residence titles count as a form of settlement:

• Red-White-Red Card ("Rot-Weiß-Rot – Karte")
• Red-White-Red Card Plus ("Rot-Weiß-Rot – Karte plus")
• Blue Card ("Blaue Karte EU")
• Settlement Permit ("Niederlassungsbewilligung")
• Settlement Permit Artist ("Niederlassungsbewilligung – Künstler")
• Settlement Permit Special Cases of Gainful Employment ("Niederlassungsbewilligung – Sonderfälle unselbständiger Erwerbstätigkeit")
• Settlement Permit Researcher ("Niederlassungsbewilligung – Forscher")
• Settlement Permit Except Gainful Employment ("Niederlassungsbewilligung – ausgenommen Erwerbstätigkeit")
• Settlement Permit Relative ("Niederlassungsbewilligung – Angehöriger")
• Family Member ("Familienangehöriger")
• Stay as a recognized refugee or person enjoying subsidiary protection.

Certain times of stay can be credited, particularly if the previous stay was legal based on a residence permit or residence permit plus (according to the Asylum Act) or according to the provisions of Union law. For example, half of the time spent on the basis of a stay permit (e.g., as a student) may be credited if the applicant is now entitled to settlement in Austria.

For the granting of any residence permit in Austria, certain general conditions must be fulfilled:

Sufficient Income (Sustenance):

• Must have stable and regular income enough to lead a life without relying on public social welfare benefits.
• Income must meet the reference rates for sustenance, which vary based on marital status and children.

Health Insurance:

• Must have health insurance covering all risks in Austria. It can be through the Austrian social insurance system, private insurance, or other valid forms.

Locally Customary Accommodation:

• Must prove a legal claim to accommodation appropriate for a family of comparable size.
• The costs of accommodation are considered in calculating available income for specific residence permits.

Knowledge of German:

• For certain residence permits, proof of basic knowledge of the German language is required.

Public Interest Considerations:

• A residence permit may not be issued if it endangers public order, security, or supports terrorist activities.

International Law Considerations:

• A residence permit may not be granted if it significantly affects Austria's relations with another state or international subject.

Quota Place (If Applicable):

• Certain residence permits are subject to quotas, limiting the number of permits granted annually based on specific purposes.

It's important to note that these conditions are general requirements applicable to all residence permits. Specific residence titles may have additional or tailored requirements, which can be found on the respective pages for each residence title.

EU citizens enjoy the right to reside in Austria for up to three months without needing a visa, regardless of engaging in any economic activity.

If EU citizens intend to stay in Austria for over three months, they must meet certain conditions under EU law:

1. Employment or Self-Employment: They can reside if they are employed or self-employed in Austria.
2. Sufficient Resources and Insurance: They must have adequate financial means and comprehensive sickness insurance covering themselves and their family, ensuring they don't need social assistance during their stay.
3. Educational Pursuits: If their primary purpose is to pursue education, including professional qualifications, from a state or recognized private school, and they possess sufficient resources and sickness insurance for themselves and their family.

EU citizens with a right to reside for over three months must inform the settlement authority. Upon request, they receive a 'registration certificate' to validate their right of residence. This request should be made within four months of their arrival in Austria. After five years of continuous and legal residence, they can request a 'certificate of permanent residence'. Additionally, they have the option to apply for a photo ID card for EEA citizens, which also serves as an identity document.

Indeed, the "long term resident" residence permit in Austria grants the holder the right to permanent settlement in the country and provides unrestricted access to the labor market. While the right of residence is technically unlimited as long as the individual maintains their settlement in Austria, the residence permit card itself is initially issued with a validity period of five years.

After the initial five years, the holder must apply for the issuance of a new residence permit card to continue enjoying the benefits and rights associated with permanent settlement in Austria. This process helps ensure that the authorities can update and verify the status of the individual and their continued eligibility for the "long term resident" permit.

With the 'long term resident' residence permit, individuals from non-EEA countries enjoy an unrestricted right to reside in Austria as long as they maintain their settlement in the country.

As per the regulations outlined in the Settlement and Residence Act (NAG), the 'long term resident' residence permit ceases to be valid if the holder remains outside the EEA territory for a continuous period exceeding 12 months. This deactivation occurs automatically and is governed by law.

Exceptions can be made for extended stays outside the EEA territory up to 24 months, granted for significant reasons such as severe illness, fulfilling social responsibilities, or engaging in military, civilian, or equivalent services. The competent Austrian residence authority evaluates whether such circumstances warrant consideration.

In the absence of compelling reasons, the 'long term resident' residence permit loses its validity after 12 months without residency within the EEA territory. Even if valid reasons exist, the permit becomes invalid, at the latest, after 24 months without residence in the EEA territory. The expiration does not require a separate pronouncement or determination by the residence authority.

If the holder relocates from Austria to reside in the EEA territory, the 'long term resident' residence permit becomes invalid after six years.

Please note: Switzerland is not included in the EEA area.

Residing in Austria for 5 years is a mandatory requirement before being eligible to apply for permanent residency. To initiate this process and gain the right to live in the country for an extended period, individuals need to obtain a residence permit, which is typically a precursor to applying for permanent residency after meeting the specified residency duration.

If you possess an EU long-term residence permit issued by another EU Member State, Austria will issue a residence permit that permits you to work, study, or undergo training within the country. This reflects the coordination and facilitation of residence rights across EU Member States for individuals holding long-term permits from one of the member states.