Our expertise: As a law firm with many years of experience in the areas of immigration, residence and citizenship law, we are happy to advise you on all related legal issues and support you in enforcing your claims and represent you at the authorities.
Immigration, Right of Residence & Citizenship
Our consulting services
- Comprehensive legal advice in all matters relating to aliens and residence law
- Clarification of opportunities and risks in the course of an initial meeting
- Submission of applications and support at appointments with authorities
Visa and residence permit in Austria
Third-country nationals can stay in Germany for a maximum of 6 months with a visa. A residence permit is required for a stay of more than 6 months.
Applying for a visa
We would be happy to advise you which options you have to obtain a visa, what the relevant requirements are and how long and with what rights you can stay in Austria with this visa.
Applying for a residence permit
Attention: general requirements
To apply for a residence permit (i.e. a permanent residence permit or residence permit), certain general requirements such as secure livelihoods, health insurance, accommodation, etc. are required. Basic knowledge of German is required for certain residence permits, but not for some. We would be happy to advise you in detail which general requirements are necessary for the existence of a residence title of interest to you.
If you do not have some of these basic requirements, such as health insurance valid in Austria or a suitable apartment, we will be happy to put you in contact with suitable insurance brokers, real estate agents, etc. so that you can find the ideal insurance and accommodation for you.
With regard to any required language skills, we will be happy to advise you whether you need to provide evidence such as a language certificate.
Expert tip on the subject of “German before immigration” or other German skills:
- University diploma as a substitute for a language certificate : Under certain conditions, it may be sufficient to provide evidence of having studied at a university, as a university diploma with a certain duration of study can replace this language certificate. The reason is that academics are very welcome in Austria. It is not important what you have studied, but that you have studied.
- We will be happy to clarify for you whether your university certificate can replace a language certificate.
In which country is the application made? Some residence permits can be applied for in Germany; for some, the application must be submitted to the Austrian embassy in your home country. We would be happy to advise you on the requirements that apply to you.
Red-White-Red Card
The Red-White-Red Card offers third-country nationals the opportunity to live and work in Austria.
Our services when applying for and extending residence permits:
Residence and settlement procedures can be very complex, cost-intensive and lengthy, especially since the authorities frequently ask for additional documents, which you must check again. It has already happened here that there were pauses of weeks or months between these requirements, during which the applicants did not receive any feedback from the authorities.
Our service : Thanks to our many years of experience and very good knowledge of the processing sequence at the authorities, we can accelerate the process, identify problems in advance as best as possible and take measures to cushion any delays in the best possible way in order to ensure a significant acceleration of the process.
The prerequisite for obtaining this residence permit is that
- There is already a job offer for which the following requirements must be met:
-
- Minimum salary (2021: for over 30s: EUR 3,330.00, for under 30s: EUR 2,775.00 gross per month plus special payments)
- Labor market test: that the Public Employment Service (AMS) cannot provide the company with equally qualified workers.
- A certain catalog of criteria is used to assess whether there is sufficient qualification, which evaluates training, professional experience, language skills, etc.
⇒ We will be happy to check for you whether you meet the criteria for this residence permit.
Particularly highly qualified third-country nationals have two options:
Variant 1: There is still no job offer in Austria: In this case you will receive a so-called “Jobseeker Visa” with which you can travel to Austria in order to be able to look for a suitable job on site. If a job is found within the validity period of the visa, a residence permit can be applied for in Austria.
Variant 2: There is already a job offer in Austria: In this case, the title of the Austrian representation authority in the country of residence can be applied for.
Whether you are particularly highly qualified is judged according to a criteria catalog, which evaluates certain criteria, such as education, the amount of last year’s gross salary, awards, professional experience, language skills, age, etc.
⇒ We will be happy to check for you whether you meet the criteria for this residence permit.
Example: admission criteria for particularly highly qualified people
| criteria | Points |
| Special qualifications or skills | maximum creditable points: 40 |
| Completion of a degree at a tertiary educational institution with a minimum duration of four years |
20 |
| – in mathematics, computer science, natural sciences or technology (MINT subjects). |
30 |
| – with a habilitation or equivalent qualification (e.g. PhD) |
40 |
| Last year’s gross annual salary in a management position of a listed company or a company for whose activities or business area a positive opinion from the responsible foreign trade office is available: | |
| 50,000 to 60,000 euros
60,000 to 70,000 euros over 70,000 euros |
20
25 30 |
| Research or innovation activity
(Patent applications, publications) |
20 |
| Awards (recognized award winners) | 20 |
| Professional experience (adequate to training or in a management position) | maximum creditable points: 20 |
| Work experience (per year)
six months of professional experience in Austria |
2
10 |
| linguistic proficiency | maximum creditable points: 10 |
| Knowledge of German or English
for elementary use of language at the simplest level (A 1) or for in-depth elementary use of language (A 2) |
5
10 |
| old | maximum creditable points: 20 |
| up to 35 years
up to 40 years up to 45 years |
20
15 10 |
| Studied in Austria | maximum creditable points: 10 |
| second stage of study or half of the required ECTS credit points | 5 |
| entire diploma or
Bachelor and master studies |
10 |
| Sum of the maximum creditable points | 100 |
| required minimum number of points | 70 |
For years, Austria has been desperately looking for workers in the various professions, from technicians and craftsmen to specialists in the care sector. We would be happy to advise you whether your vocational training is sought in Austria.
The prerequisites for obtaining the title are in particular that
-
- there is a completed vocational training in shortage occupation,
- You have received a job offer in Austria for this shortage occupation at a certain minimum wage and
- You will receive a certain number of points in a criteria catalog, which evaluates your education, the amount of last year’s gross salary, professional experience, language skills, age, etc.
⇒ We will be happy to check for you whether you meet the criteria for this residence permit.
This residence permit is intended for third-country nationals who, through their company, create a macroeconomic benefit for Austria that goes beyond the purely operational benefit.
This can especially be the case when
- new jobs are created or existing jobs are secured,
- a sustainable transfer of investment capital of at least EUR 100,000.00 flows to Austria,
- Know-how / new technologies flow to Austria,
- the company is of major importance for the entire region.
⇒ We will be happy to check for you whether you meet the criteria for this residence permit.
Third-country nationals can apply for a red-white-red card for start-up founders if they
- Develop innovative products, services, processes or technologies as part of a newly founded company and introduce them to the market,
- present a coherent business plan for the establishment and operation of the company,
- actually exercise significant influence on the management of the planned company personally and
- Provide evidence of capital for the company to be founded in the amount of at least EUR 50,000, at least half of which is equity.
- Fulfill a certain number of points according to a catalog of criteria that assesses training, professional experience, language skills, etc.
⇒ We will be happy to check for you whether you meet the criteria for this residence permit.
Example: Admission criteria for start-up founders
| criteria | Points |
| qualification | maximum creditable points: 30 |
| Completed vocational training or special knowledge or skills in the intended activity |
20 |
| Completion of a degree at a tertiary educational institution with a minimum duration of at least three years |
20 |
| Completion of a diploma, bachelor, master or doctoral degree or vocational training in Austria |
30 |
| work experience | maximum creditable points: 10 |
| Work experience (per year) | 2 |
| linguistic proficiency | maximum creditable points: 15 |
| Knowledge of German for in-depth elementary use of the language (A 2) | 5 |
| Knowledge of German for independent or in-depth independent use of the language (B 1 or B 2) | 10 |
| Knowledge of English for in-depth independent use of the language (B 2) | 10 |
| Knowledge of German for competent use of the language (C 1) | 15 |
| Additional points | maximum creditable points: 30 |
| Additional proven capital of at least € 50,000 | 10 |
| Admission to a start-up center or funding from a start-up funding agency in Austria |
10 |
| Age up to 35 years | 10 |
| Sum of the maximum creditable points: | 85 |
| required minimum number of points: | 50 |
After completing their studies, graduates from an Austrian university can extend their “Student” residence permit by 12 months in order to search for a job or start a business in Austria, provided that the general requirements are met.
If you receive a suitable job offer from a company within this time, you can apply for a red-white-red card without a labor market test, provided that a monthly gross salary of at least EUR 2,497.50 (2021) plus special payments is in prospect.
⇒ We will be happy to check for you whether you meet the criteria for this residence permit.
Family members of third-country nationals who already have a residence permit in Austria or of Austrians can, under certain circumstances, obtain a residence permit for Austria relatively easily.
We would be happy to inform you about the relevant requirements.
⇒ We will be happy to check for you whether you meet the criteria for this residence permit.
blue card EU
You might be eligible for this residence permit if you
-
- have completed a university degree with a minimum duration of three years,
- have received a binding job offer for at least one year in Austria and the employment corresponds to your training,
- receive a certain minimum salary (2021: EUR 65,579.00 gross annual salary plus special payments) and
- the Public Employment Service (AMS) cannot place an equally qualified workforce for the company (so-called “labor market test”).
⇒ We will be happy to check for you whether you meet the criteria for this residence permit.
Permanent residence - EU
The residence permit “permanent residence -EU” entitles you to permanent residence and free access to the labor market in Austria. The card must be renewed every 5 years.
The residence title “permanent residence – EU” can be issued to third-country nationals who have been allowed to settle in Austria without interruption for the past five years and who have fulfilled the so-called “module 2 of the integration agreement”. For this purpose, an examination must be taken, which requires the B1 level of the Common European Framework of Reference for Languages and which serves to impart in-depth knowledge of the fundamental values of the legal and social order.
⇒ We will be happy to check for you whether you meet the criteria for this residence permit.
Settlement permit - excluding gainful employment
Financially independent people who do not intend to pursue gainful employment in Austria can apply for the residence permit “Settlement Permit – excluding gainful employment”.
This residence title is very popular because relatively few prerequisites (essentially the general issuing prerequisites, which are also the basic prerequisites for the other residence titles presented) have to be met in order to obtain it. However, since the number of residence permits that are issued annually is limited, a place within a quota must be obtained, which requires a certain amount of legal skill. Our law firm has specialized in this for years.
⇒ We will be happy to check for you whether you meet the criteria for this residence permit.
Residence permit - schoolchildren
This title entitles third-country nationals to go to school in Austria. Pupils from third countries can apply for the “Pupil” residence permit if they intend to stay in Austria for more than 6 months and can provide evidence of the school’s acceptance of the student. We would be happy to advise you on the relevant requirements and whether your child meets the relevant criteria. We are also happy to help you find a suitable school.
⇒ We will be happy to check for you whether you meet the criteria for this residence permit.
Residence permit - students
This residence permit entitles you to stay in Austria to study. You can apply for the “Student” residence permit if you can provide evidence of a confirmation of admission from the university, university of applied sciences, accredited private university or college of education. We would be happy to advise you on the relevant requirements and are also available to answer any other questions you may have.
⇒ We will be happy to check for you whether you meet the criteria for this residence permit.
Residence in Austria for people with EEA citizenship or their family members
EEA and Swiss nationals who stay in the federal territory for more than 3 months must apply for a registration certificate. We are happy to support you in this matter and also advise you on suitable residence permits for your relatives and family members.
Acquisition of Austrian citizenship
In particular, you can apply for Austrian citizenship if you
- have lived in Austria for a certain time and
- meet certain requirements
Regarding point 1, the requirement that you have lived in Austria for a certain period of time:
- 30-year uninterrupted main residence in Austria or
- 15 years of legal and uninterrupted residence in Austria with proof of sustainable personal and professional integration or
- 6 years of lawful and uninterrupted residence in Austria, provided you
- have been married to an Austrian citizen for at least 5 years and live together or
- EEA citizens are or
- were born in Austria or
- You have sustainable personal integration, for example by speaking German at level B2.
⇒ We would be happy to clarify for you whether you meet these criteria.
Regarding point 2 .: The prerequisite for being granted Austrian citizenship is that you meet certain basic criteria , such as
- Innocence
- sufficiently secure livelihood
- Knowledge of German
- no return decision or expulsion within the last 8 months
- no close relationship with extremist and terrorist groups.
⇒ We would be happy to clarify for you whether you meet these criteria.
About the process of citizenship:
Put simply, the Austrian citizenship procedure is divided into the following phases:
Our service here:
Citizenship procedures can be very complex, cost-intensive and lengthy, especially since the authorities frequently ask for additional documents, which they in turn have to check. It has already happened here that there were pauses of weeks or months between these requirements, during which the applicants did not receive any feedback from the authorities.
Thanks to our many years of experience and very good knowledge of the processing process at the authorities, we can identify problems in advance as best as possible and take measures to cushion any delays in the best possible way in order to ensure a significant acceleration of the process.
Advice on the possibility of dual citizenship
In principle, Austrian citizenship can only be granted if all other citizenships have been given up. There are also certain exceptions that we would be happy to advise you on.
Advice on the possibility of dual citizenship
In principle, Austrian citizenship can only be granted if all other citizenships have been given up. There are also certain exceptions that we would be happy to advise you on.