Mobility of EU citizens and their family members within the EU

Right of Residence

This chapter focuses on the right of residence of EEA citizens, Swiss citizens, as well as their family members, in the EU. The right of residence under EU law is subject to uniform requirements.

EEA citizens & Swiss citizens

Compared to third-country nationals, it is easier for EEA citizens and Swiss citizens to enter and to reside in Austria. This means that you can enter Austria under a visa-free regime and are allowed to reside in Austria for a period of three months.

Requirements

As an EEA citizen or a Swiss citizen, you may reside in Austria for more than three months if you

• are employed or self-employed in Austria or
• have adequate means of subsistence to support yourself and your dependants and have sufficient health insurance coverage for yourself and your family members or
• attend an Austrian school or recognised educational institution as a main purpose of your stay and have sufficient means of subsistence and have a sufficient health insurance coverage.

EEA or Swiss family members

Requirements

If you are an EEA or Swiss citizen and the family member of an EEA citizen, a Swiss citizen, or an Austrian citizen (who has exercised his or her right of residence under EU law) and do not meet the aforementioned requirements, you may reside in Austria for more than three months if you are:

• the spouse or registered partner of an EEA or a Swiss citizen, or
• a direct descendant (children, grandchildren, great-grandchildren) of an EEA national or his/her spouse or his/her registered partner aged 21 years or younger, or else older, if they are dependents of an EEA national or his/her spouse or his/her registered partner, or
• a dependent direct relative in the ascending line (parents, grandparents, great-grandparents) of the EEA national or his/her spouse or his/her registered partner or
• the life partner in a proven long-term relationship, or
• another relative of the sponsor
  • and you were a dependent of the sponsor already in your country of origin, or
  • you already lived in the same household with the sponsor in his or her country of origin, or
  • you are in need of personal care by the sponsor due to serious health conditions.

Documentation of Residence

If you meet the aforementioned requirements, you are required to request a confirmation of registration of your Right of Residence under EU law (“Anmeldebescheinigung”). An application to this effect has to be filed within four months of your arrival in Austria. 

As an EEA national or a Swiss national with a right of residence under EU law, you can obtain the right of long-term residence after five years of continuous lawful residence in federal territory. Upon application, you will be issued a “Long-term Residence Certificate” ("Bescheinigung des Daueraufenthalts"). In addition, you can have a "Photo ID for EEA Citizens" (which also serves as an identity document) issued for you.

PLEASE NOTE:

As an EEA or Swiss citizen, you enjoy free movement of workers and are allowed to take up employment in Austria under the same conditions as Austrian citizens.

PLEASE NOTE:

All persons residing in Austria (citizens, EEA citizens, third-country nationals) are subject to the reporting obligation under the registration law. Anyone taking up residence or giving up residence in Austria is obliged to register his or her current address and de-register with the competent registration authority.

Family members from third countries

If you are a family member of an EEA citizen, a Swiss citizen or an Austrian, who has exercised his or her right to free movement within the EEA or Switzerland, and you are not an EEA citizen or a Swiss citizen, you have a right of residence under EU law while also enjoying freedom movement of workers. You are required to request a residence card (“Aufenthaltskarte”). After five years of continuous lawful residence in Austria, a permanent residence card (“Daueraufenthaltskarte”), which also serves as an identity document, can be issued.

Requirements

As a third country family member of an EEA citizen or a Swiss citizen, you may reside in Austria for more than three months if you are:

• the spouse or registered partner of an EEA or a Swiss citizen, or
• a direct descendant (children, grandchildren, great-grandchildren) of an EEA national or his/her spouse or his/her registered partner aged 21 years or younger, or else older if you are a dependent of an EEA national or his/her spouse or his/her registered partner, or
• a dependent direct relative in the ascending line (parents, grandparents, great- grandparents) of the EEA national or his/her spouse or his/her registered partner

Extended family members from third countries

Life partners or other relatives of EEA citizens or Swiss citizens can obtain a settlement permit pursuant to § 56 (1) NAG.

Requirements

• Life partners who prove the existence of a permanent relationship or
• Other dependents,
  • who have already received maintenance from EEA citizens or Swiss nationals in the country of origin or
  • who have lived in a domestic community with EEA citizens or Swiss citizens in the country of origin or
  • for whom serious health reasons require personal care by the sponsor.
• Submission of a declaration of liability by an EEA citizen

The general conditions for the granting of a residence permit must also be fulfilled (except proof of adequate accommodation). 

Responsible Authority

The competent residence authority can be either:

• the Provincial Governor (Landeshauptmann/Landeshauptfrau) or
• the authorised Regional Administrative Authority (Bezirkshauptmannschaft)
• the Local Administrative Authority (Magistrat, in Vienna: MA 35)

What to submit

For EEA nationals ans Swiss nationals

• completed and signed application form
• valid identity card or passport
• proof of employment or proof of self employment or
• proof of a health insurance covering all the necessary costs (e.g. European Health Insurance Card, insurance policy) and proof of sufficient finances (e.g. by means of savings or a bank account, traveller’s cheques) or
• pupils and students: a confirmation of admission by the school or university and a proof of a health insurance covering all the necessary costs (e.g. European Health Insurance Card, insurance policy) and proof of sufficient finances (e.g. by means of savings or a bank account, traveller’s cheques)

For third country family members

• completed and signed application form
• proof of legal stay of the EEA national or Swiss national
• valid identity card or passport
• proof of the family relationship
• if applicable proof of having received maintenance

For extended family members from third countries

• completed and signed application form
• valid identity card or passport
• proof of legal stay of the EEA national or Swiss national
• declaration of liability (Haftungserklärung) by the sponsor
• proof of the family relationship
• additionally for life partners: Proof of the existence of a permanent relationship with an EEA national or Swiss national
• additionally for other relatives: proof of a competent authority of the home country about the maintenance received from the sponsoring EEA national or Swiss citizens or of having lived in a domestic community or of the health reasons requiring care

The authority may also require you to submit other documents on a case by case basis.
For example, many authorities require the submission of an extract from police records (or a certificate of good standing) in case of first time applications. If this is submitted with the application it can help to speed up the application procedure.

Please note:

Croatian workers have unrestricted access to the labour market from 1 July 2020.

Further information and useful links

Forms

• Residence registration
• Photo identifcation for EEA citizens (Lichtbildausweis für EU Bürger)
• Long-term Residence Certificate (Bescheinigung des Daueraufenthalts für EU-Bürger)

Laws and Provisions

• Settlement and Residence Act (German)
• Act Governing the Employment of Foreign Nationals

Links

• Recognition and evaluation of qualifications
• Contact point (recognition of qualifications)