Key Points

  • The Austrian government has issued updates for U.K nationals following the Brexit transition
  • U.K. nationals must file an application for a new residency permit by December 31, 2021
  • EU posted workers can obtain an Article 50 permit if they meet certain conditions
  • EU posted workers must obtain work authorization as non-EU nationals to continue working in the country in 2021
  • Applicants can demonstrate their residency before December 31, 2020 with their EU residence registration
  • An application fee of EUR 61.50 applies to most applicants

Overview

The Austrian government has provided updates for U.K. nationals in Austria following the Brexit transition.

What are the Changes?

U.K. nationals must file an application for a new residency permit by December 31, 2021. In-person appointments are required.

U.K. nationals who have five years' residency on or after December 31, 2020 can apply for a permanent residence permit.

Non-EU family members of U.K. nationals who were residents before the Brexit transition can apply for a national residency permit through December 31, 2021.

What Should Employers and Applicants Know?

Applicants can demonstrate their residency before December 31, 2020 with their EU residence registration. When filing for a new residency permit, applicants may also need to submit certificates of employment, proof of sufficient finances, and adequate health insurance.

Posted workers with EU registration can obtain an Article 50 permit if they have an "Anmeldebescheinigung" yellow paper, intend to stay in Austria for six months or more, have sufficient financial coverage, and have health insurance coverage. EU posted workers should change their status before June 30, 2021. EU cross-border and posted workers who were working in Austria before the Brexit transition but don't meet the qualifications for an Article 50 permit can continue working in the country until their assignment ends. They must obtain work authorization as non-EU nationals to continue working in the country in 2021.

An application fee of EUR 61.50 applies to most applicants, except for permanent residents who are seeking a 10-year Article 50 residency permit.

Originally published 26 February 2021

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.