Corporate Immigration 2024 Comparisons

Austria has a high demand for foreign skilled workers. However, the current regulations regarding the immigration of qualified workers, especially in shortage occupations, are not yet able to sufficiently fulfil this important goal in times of labour shortages, as obtaining Austrian permits is still considered to be too complicated, time-consuming and bureaucratic. The amendment to the Alien Employment Act, the Labour Market Promotion Act, the Settlement and Residence Act and the Aliens Police Act, which entered into force in October 2022, has led to simplifications, streamlining of procedures and clarifications, some of which result from the rulings of the administrative courts. The amendments have led to a noticeable acceleration of the administrative procedure. However, many administrative hurdles still need to be removed, and partly antiquated procedures need to be modernised and digitalised. 

Additional changes to the immigration process were enacted in April 2023 to facilitate the employment of skilled workers with Spanish, French, Bosnian, Croatian and Serbian language skills.

There are currently no announced additional changes. The market expects that the filing processes and procedures will become optimised in order to attract skilled workers to cover the market demand in Austria.

Austria distinguishes between “local hire” (employee will be employed by the sponsor) and “posting” (the employee will be posted from a foreign employer to an Austrian receiving company which has to provide the work permit). Both categories are considered as “sponsor-based” work permits.

The following are Austria’s most common sponsor-based permits.

Local Hire – Red-White-Red Card

The Red-White-Red Card is a combined work and residence permit for third-country nationals (applicants who are not EU/EEA/Swiss citizens). This permit is employer linked and therefore does not allow free access to the labour market.

Red-White-Red Cards are obtainable for different types of employees:

• highly qualified workers;
• skilled workers in a shortage occupation;
• other key employees;
• graduates of an Austrian university or higher education college;
• entrepreneurs (self-employed key workers); and
• start-up founders.

General requirements for all categories are:

• adequate means of subsistence – applicants are required to generate personal income which is sufficient to cover the living costs in Austria. The following net amounts must be available: EUR1,217.96 for singles; EUR1,921.46 for couples; and EUR187.93 for each child (these figures are applicable for the calendar year 2024);
• all-risk health insurance cover – locally hired employees are insured through the public social insurance system. Such insurance cover provided by the public social insurance system is sufficient;
• adequate accommodation – the principal must provide an intended residence address and the dependants must provide a proof of accommodation (eg, rent agreement); and
• minimum remuneration compliance – the applicant’s salary must meet the minimum remuneration requirements as determined by the applicable collective bargaining agreement. In case of a Red-White-Red Card for other key employees, an additional card-related minimum remuneration requirement is applicable (see below).

The Red-White-Red Card for highly qualified workers can be obtained by applicants who obtain at least 70 out of 100 available credit points: up to 40 points are awarded for special qualifications and skills (especially for candidates with a university degree in mathematics, IT, natural sciences or technology, post-doctoral or equivalent qualification); up to 20 points are awarded to work experience (reflecting the applicant’s qualifications); up to ten points are awarded for language skills (German, English, French, Spanish, Bosnian, Croatian, Serbian); up to 20 points are awarded for age; up to ten points are awarded if the applicant has completed studies in Austria. The permit can be issued with an initial validity period of up to two years. Provided that the applicant is working for at least 21 full months, at the extension stage an upgrade to the unsponsored Red-White-Red Plus Card is possible, which allows free access to the labour market. 

Shortage occupations are determined and published year by year in a regulation. There are Austrian-wide shortage occupations and shortage occupations applicable to the single regions. The Red-White-Red Card for skilled workers in a shortage occupation can be obtained by applicants who obtain at least 55 out of 90 available credit points: up to 30 points are awarded in case of a completed vocational education in the shortage occupation; up to 20 points are awarded to work experience (reflecting the applicant’s qualifications); up to 25 points are awarded for language skills (German, English, French, Spanish, Bosnian, Croatian, Serbian); up to 15 points are awarded for age. Special credit points (five) are available if English is the predominant working language of the future employer, provided that the candidate is able to prove English language skills. The permit can be issued with an initial validity period of up to one year. Provided the applicant is working for at least 21 full months, at the extension stage an upgrade to the unsponsored Red-White-Red Plus Card is possible, which allows free access to the labour market. 

The Red-White-Red Card for other key employees can be obtained by applicants who obtain at least 55 out of 90 available credit points: up to 30 points are awarded for a qualification; up to 20 points are awarded for work experience (the work experience does not have to be linked to the qualification); up to 25 points are awarded for language skills (German, English, French, Spanish, Bosnian, Croatian, Serbian); up to 15 points are awarded for age. Special credit points (five) are available if English is the predominant working language of the future employer, provided that the candidate is able to prove English language skills. For professional athletes and professional sports coaches, 20 bonus points are available. In addition to the minimum remuneration according to the applicable collective bargaining agreement, the applicant’s monthly gross salary (to be paid 14 times per year) must be at least EUR3,030 (figure valid for 2024); if this figure is below the minimum remuneration amount determined by the applicable collective bargaining agreement, the respective higher amount must be paid. Applicants for this type of residence permit have to undergo a labour market replacement test. The permit can be issued with an initial validity period of up to two years. Provided that the applicant is working for at least 21 full months, at the extension stage an upgrade to the unsponsored Red-White-Red Plus Card is possible, which allows free access to the labour market. 

The Red-White-Red Card for graduates of an Austrian university or higher education college is not linked to a credit point system. A labour market replacement test is not required. The permit can be issued with an initial validity period of up to two years. Provided that the applicant is working for at least 21 full months, at the extension stage an upgrade to the unsponsored Red-White-Red Plus Card is possible, which allows free access to the labour market. 

A Third Country National can apply for a Red-White-Red Card for entrepreneurs (self-employed key workers), if their occupation in Austria creates macroeconomic benefit. This macroeconomic benefit is assumed if the entrepreneurship involves a sustained transfer of investment capital to Austria amounting to at least EUR100,000 or creates new jobs or secures existing jobs in Austria. This is also the case if the transfer of know-how introduces new technologies or if the business activity is of considerable significance for the region.

The Red-White-Red Card for start-up founders can be obtained by third-country nationals if the applicant establishes a company in order to develop and launch innovative products, services, processing methods or technologies. The applicant must have a controlling influence on the management of the company, and prove capital for the company to be founded amounting to at least EUR 30,000 (therefore at least 50% equity). Applicants need to obtain at least 50 out of 85 available credit points: up to 30 points are awarded for a qualification; up to ten points are awarded for work experience (the work experience must have a link to the qualification); and up to 15 points are awarded for language skills (German, English, French, Spanish, Bosnian, Croatian, Serbian). Bonus points are available in case of an additional investment of EUR50,000 (ten points), in case of admission to a business incubator or funding by a start-up funding agency in Austria (ten points) and in case of an age of up to 35 years (ten points).

Dependant family members can accompany the third-country national; unless they hold a university degree or a high school graduation which allows university access, German language requirements apply for dependants. Dependants receive a permit in the form of a Red-White-Red Plus Card, which allows free access to the labour market. 

Local Hire – Blue Card EU

The EU Blue Card is a combined residence and work permit, available for highly skilled local hires who meet a high salary threshold. A third-country national can apply for a Blue Card EU, if the applicant has completed university studies or other tertiary education with a minimum duration of three years. For applicants in the area of information and communications technologies (job codes 133 or 25 ISCO-08-classification), the proof of at least three years of relevant professional experience is sufficient and replaces the university degree, if the experience is comparable to a university degree with at least three years of study and has been acquired within the last seven years prior to the application.

Applicants are required to obtain a binding job offer for at least six months and the employment must have a link to the education and qualifications of the applicant. The card-related annual minimum gross salary amounts to EUR47,855 (annual salary and special payments).

Applicants for this type of residence permit have to undergo a labour market replacement test. The permit can be issued with an initial validity period of up to two years. Provided that the applicant is working for at least 21 full months, at the extension stage an upgrade to the unsponsored Red-White-Red Plus Card is possible, which allows free access to the labour market. 

Dependant family members can accompany the third-country national; unless they hold a university degree or a high school graduation which allows university access, German language requirements apply after a residence permit in Austria of two years. Dependants receive a permit in the form of a Red-White-Red Plus Card which allows free access to the labour market. 

Local Hire – Confirmation Certificate for Volunteers

Volunteers are third-country nationals who are employed for up to three months per calendar year exclusively for the purpose of expanding and applying knowledge for the acquisition of practical skills without any obligation to work and without any entitlement to remuneration and who do not perform unskilled work, simple semi-skilled work or work on construction sites.

Third-country nationals who are employed as volunteers do not require a work permit. However, the employment must be reported by the employer to the competent regional labour office and the Central Co-ordination Office for the Control of Illegal Employment at least three weeks prior to commencement. The competent labour office must issue a Confirmation Certificate within two weeks. After expiry of this period, the employment may be taken up before the confirmation of notification has been issued. If the issuance of the Confirmation Certificate is rejected after the expiry of the initial period of two weeks, an already started employment must be terminated immediately, at the latest, however, within one week after delivery of the rejection order.

In addition to the Confirmation Certificate, the applicant requires a working visa or a residence permit which allows the applicant to reside in Austria. Thereafter, the applicant can start working.

Local Hire – Confirmation Certificate for Holiday/Professional Trainees

Holiday/professional trainees are students who perform an activity prescribed within the framework of a regulated course of instruction or study at a domestic educational institution under public law.

Third-country nationals who are employed as holiday/professional trainees do not require a work permit. However, the employment must be reported by the employer to the competent regional labour office and the Central Co-ordination Office for the Control of Illegal Employment at least three weeks prior to commencement. The competent labour office must issue a Confirmation Certificate within two weeks. After expiry of this period, the employment may be taken up before the confirmation of notification has been issued. If the issuance of the Confirmation Certificate is rejected after the expiry of the initial period of two weeks, an already started employment must be terminated immediately, at the latest, however, within one week after delivery of the rejection order.

In addition to the Confirmation Certificate, the applicant requires a working visa or a residence permit which allows the applicant to reside in Austria. Thereafter, the applicant can start working.

Local Hire – Confirmation Certificate for Trainees

This permission applies to trainees within the meaning of Directive (EU) 2016/801 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, traineeships, voluntary service, pupil exchange programmes or educational projects and au pair work (Researcher and Student Directive). For this purpose, the term “trainee” means foreign nationals who are pursuing studies leading to a higher education qualification in a third country or have obtained a higher education qualification not more than two years ago and are employed under a study-related traineeship agreement with a host institution at an appropriate level of qualification for a period of 91 to 180 days to acquire knowledge, practical skills and experience in a professional environment.

Third-country nationals who are employed as trainees do not require a work permit. However, the employment must be reported by the employer to the competent regional labour office and the Central Co-ordination Office for the Control of Illegal Employment at least three weeks prior to commencement. The competent labour office must issue a Confirmation Certificate within two weeks. After expiry of this period, the employment may be taken up before the confirmation of notification has been issued. If the issuance of the Confirmation Certificate is rejected after the expiry of the initial period of two weeks, an already started employment must be terminated immediately, at the latest, however, within one week after delivery of the rejection order.

In addition to the Confirmation Certificate, the applicant requires a working visa. Once the Confirmation Certificate and the working visa have been obtained, the applicant can start working.

Local Hire – Project Workers

A third-country national who is to be temporarily employed as a specialist in the course of a specific project for a period not exceeding six months, is eligible to obtain a work permit. In this context the term “specialist” means an employee who has indispensable, specialised knowledge and a high level of qualification for specific work or activities with specific technical knowledge, including appropriate professional experience.

In addition to the work permit, the applicant requires a working visa. Once the work permit and the working visa have been obtained, the applicant can start working.

Local Hire – Researcher

To obtain a residence permit as researcher, an admission agreement with a certified research facility or a research facility which does not require certification according to the Austrian Residence and Settlement Act is required. For researchers there is no need to obtain an additional work permit.

The residence title “Settlement Permit – researchers” shall be issued for the total duration of two years. Thereafter, a switch to the unsponsored title Red-White-Red Plus card is possible.

Local Hire – Special Cases of Dependant Gainful Employment

For certain special cases of employment in Austria, the residence permit “Special Cases of Dependant Gainful Occupation” can be obtained.

This permit applies, for example, to foreign media respondents, university professors or teachers at international schools. This permit also applies to so-called “Special Managers”, who are third-country nationals who hold executive positions at the board or management level in internationally active groups of companies or are internationally recognised researchers and whose employment serves to develop or expand sustainable economic relations or to create or secure qualified jobs in Austria and who consistently receive a monthly gross remuneration of at least 120% of the maximum contribution basis pursuant to Section 108 paragraph 3 of the Austrian General Social Insurance Act (ASVG) plus special payments (for 2023: at least EUR7,272 gross/month).

Local Hire or Posting – ICT Permit

The Intra-Company-Transferee (ICT) Permit is a combined work and residence permit available for managers, specialists or trainees seconded to a European country by their non-EU-based employer. The foreign seconding employer and the Austrian receiving company must belong to the same group of companies.

“Manager” refers to an executive who heads the receiving branch or a division or subdivision of that branch and is mainly under the general supervision of, or receives general instructions from, the management body or shareholders or equivalent persons of the transferring company, group of companies or branch. It is a requirement that the applicant belongs to the group of companies for an uninterrupted period of at least nine months. For this category, the permit is issued with an initial validity of 12 months; it can be extended for a total period of three years.

“Specialist” refers to an employee possessing indispensable, specialised knowledge of the receiving establishment’s fields of activity, procedures or management and a high level of qualification for specific work or activities with specific technical knowledge, including appropriate professional experience. It is a requirement that the applicant belongs to the group of companies for an uninterrupted period of at least nine months. For this category, the permit is issued with an initial validity of 12 months; it can be extended for a total period of three years.

“Trainee” is an employee holding a university degree who is being supported in their professional development or is undergoing sector-specific, technical or methodological training. It is a requirement that the applicant belongs to the group of companies for an uninterrupted period of at least six months. For this category, the permit can have a maximum validity period of one year.

It is essential that the applicants have their residence and employment outside the European Union.

Dependant family members can accompany the foreign principal.

If the ICT candidate is posted into Austria, during the posting, document-keeping requirements apply to show compliance with the minimum remuneration requirements. 

Posting – Training Permit

Third-country nationals who are:

• posted by their foreign employer within the framework of a joint venture and on the basis of an in-company training programme for no longer than six months for in-company training in a company with its place of business in Austria the Federal territory;
• posted within the framework of an internationally active group of companies on the basis of a qualified group-internal training and further training programme from a foreign group company for no longer than 50 weeks to the headquarters located in Austria; or
• are seconded by their internationally active employer as qualified employees assigned to the management, who are obliged to undergo internal training or further training (management trainees) and to rotate with regard to the place of employment to a branch office belonging to the same enterprise or to the same group of enterprises within Austria for a period of no longer than 24 months,

require a Training Certificate instead of a work permit. The training or further education measure must be notified by the owner of the domestic training enterprise (first bullet point above), the headquarters (second bullet point above) or the domestic branch (third bullet point above) to the competent labour office no later than two weeks prior to commencement, together with evidence of the joint venture agreement and the training programme or further education programme, in which the objectives, measures and duration of the training or education are specified. The training may only be started after (i) the Training Certificate and (ii) a respective working visa (for stays up to six months), respectively a residence permit (for stays exceeding six months) have been obtained.

During the posting, document-keeping requirements apply to show compliance with the minimum remuneration requirements, unless one of the several exemptions applies. 

Posting – Short-Term Work Permit for Posting Purposes (Betriebsentsandter)

Third-country nationals who are engaged in Austria by an employer based outside the EU/EEA/Switzerland for up to six months require a work permit and a working visa. The engagement can start once the work permit and the working visa have been obtained. Certain exemptions apply for certain short-term business meetings not exceeding three to four days and for citizens of countries with which Austria/the European Union have entered into trade and co-operation agreements. During the posting, document-keeping requirements apply to show compliance with the minimum remuneration requirements.

Posting – Long-Term Work Permit for Posting Purposes (Betriebsentsandter)

Third-country nationals who are engaged in Austria by an employer based outside the EU/EEA/Switzerland for more than six months require a work permit and a residence permit. The engagement can start once the work permit and the residence permit have been obtained. During the posting, document-keeping requirements apply to show compliance with the minimum remuneration requirements. 

Posting – Intra-EU Mobility of EU/EEA/Swiss Nationals Employed by an Undertaking Based in the EU/EEA/Switzerland

EU/EEA/Swiss nationals posted from an employer based in the EU/EEA/Switzerland into Austria require a so-called posted worker notification (ZKO declaration). During the posting, document-keeping requirements apply to show compliance with the minimum remuneration requirements.

Posting – Intra-EU Mobility of Third-Country Nationals Employed by an Undertaking Based in the EU/EEA/Switzerland

Third-country nationals posted from an employer based in the EU/EEA/Switzerland into Austria require a so-called posted worker notification (ZKO declaration). In addition to the posted worker notification (ZKO declaration) an EU Secondment Declaration must be obtained from the labour authority and visa/residence permit requirements may be required, depending on the duration of the posting into Austria. During the posting, document-keeping requirements apply to show compliance with the minimum remuneration requirements.

Posting – ICT Short-Term Mobility

Third-country nationals holding an ICT permit issued by another member state of the European Union can be posted to Austria for a period of up to 90 days, provided that a so-called posted worker notification (ZKO declaration) has been filed. In addition to the posted worker notification (ZKO declaration) an EU Secondment Declaration must be obtained from the labour authority. During the posting, document-keeping requirements apply to show compliance with the minimum remuneration requirements.

Posting – Mobile ICT

Third-country nationals holding an ICT permit issued by another member state of the European Union can be posted to Austria for a period exceeding 91 days provided that a Mobile ICT permit has been applied for in due time.

The following are Austria’s most common unsponsored permits.

Red-White-Red Plus Card

A holder of a Red-White-Red Card or a Blue Card EU, if employed for at least 21 months during the preceding 24-month period, can apply for the Red-White-Red Plus Card which grants free access to the labour market; this means that the candidate is no longer bound to work with a specific employer mentioned on the residence title.

Dependant family members of Red-White-Red Card or Blue Card EU holders can obtain this unsponsored permit. In certain cases, the same applies to dependant family members of holders of a Red-White-Red Plus Card, who previously held a Red-White-Red Card or a Researcher permit, or a Special Cases of Gainful Employment permit. Dependant family members are (i) spouses, (ii) registered partners, (iii) unmarried minor children, including adoptive and stepchildren (up to the age of 18). Spouses and registered partners must be at least 21 years of age to qualify as family members.

Residence Card (Aufenthaltskarte)

Third-country nationals who are relatives of EU/EEA citizens are entitled to residence under European Union law and are entitled to stay for more than three months in Austria. Such applicants have to apply for issuance of the unsponsored permit Residence Card (Aufenthaltskarte) within four months of entry into Austria. This permit shall be issued for a period of five years or for the planned shorter period of residence. This group of candidates, as of the first day of stay in Austria, benefit from free access to the labour market.

Dependant of Austrian National (Family Member)

Third-country nationals who are relatives of Austrians or EU/EEA citizens or Swiss citizens who are permanently resident in Austria and who have not made use of their right of residence under European Union law or the right of residence granted to them under the EC-Switzerland Agreement on the Free Movement of Persons for a period of more than three months, can obtain a permit as Family Dependant. This permit shall be issued for an initial period of one year and can be extended in Austria. The applicant has free access to the labour market after collection of the permit.

Permanent Residence EU (Daueraufenthalt EU)

The residence title “Permanent Residence EU” can be obtained by third-country nationals if they have legally resided in Austria without interruption for the last five years and have fulfilled Module 2 of the Austrian Integration Agreement (German language test for the B1 level plus integration exam). This permit entitles the holder to unlimited settlement with unrestricted access to the labour market. It can be obtained by third-country nationals who were holding one of the following permits: Blue Card EU, Red-White-Red Card, Red-White-Red Plus Card, Artists, Special Cases of Gainful Employment, Researcher, Settlement Permit – Except Gainful Employment, Dependant, Blue Card EU, Family Member. Also, beneficiaries of asylum who have had the status of beneficiary of asylum or subsidiary protection for an uninterrupted period of the last five years can apply for this permit.

The period of five years shall be deemed to have been interrupted if the third-country national stayed outside of Austria for a total of more than ten months or continuously for more than six months during this period. In the case of holders of a Blue Card EU, the five-year period shall only be deemed to have been breached if the third-country national has stayed outside the EU/EEA for a total of more than 18 months or for a continuous period of more than 12 months within this period. In these cases of interruption, the period of five years starts from the beginning and a new application may be filed once this new five-year period has been reached.

Asylum (Asyl) or Subsidiary Protection (Subsidiary Protection)

Third-country nationals holding the permits Asylum (Asyl) or Subsidiary Protection (Subsidiary Protection) have free access to the Austrian labour market.

ID Card for Displaced Persons

The ID card for displaced persons, also called “Blue Card”, is a temporary right of residence for displaced persons from Ukraine. Ukrainian displaced persons have a right to reside in Austria and once they have obtained the ID card for displaced persons, they also benefit from free access to the Austrian labour market.

The general rule is that third-country nationals require a work permit and a working visa in order to do business in Austria. In addition, “business meetings” fall under this general rule. For certain short-term activities in Austria, there is an exemption from the work permit requirement, and as a result also from the working visa requirement.

Activities which are permitted under the exemption regime are not clearly defined in the immigration rules. Exempted business visit activities must be of short term (maximum three to four days) and comprise the following activities: (i) short-term business meetings, discussions and negotiations by persons which cannot be replaced on objective grounds; (ii) meet-and-greet meetings; (iii) attending conferences, exhibitions and trade shows.

(i) The Comprehensive Economic and Trade Agreement (CETA) entered into between Canada and the EU, (ii) the Trade and Co-operation Agreement (TCA) entered into between the EU and the UK and (iii) the Economic Partnership Agreement (EPA) entered into between Japan and the EU, grants to UK citizens, Canadian citizens and Japanese citizens, each under the applicable agreement, several work permit and working visa exemptions going beyond this “three-to-four-day” rule and for a broader range of business activities (not typically allowed for other non-EU business visitors).

Third-country nationals holding a Blue Card EU issued by another member state of the European Union fall under the exemption for a maximum of 90 days in a rolling period of 180 days if they perform sales and marketing activities, explore business opportunities and attend training courses.

If a “business meeting” exemption applies, visa-free nationals do not require a visa to attend the business meeting in Austria. Visa nationals require a Schengen visa C.

EU, EEA, Swiss and third-country nationals employed by an employer based in the EU/EEA/Switzerland are generally exempted from the work permit requirements. For this group of employees, posting-worker notifications may apply, if none of the exemptions of the LSD-BG Act apply.

Austria does not have a remote working permit in place. Remote workers are therefore considered as posted workers from an immigration perspective and this requires posted workers to apply for work permits and working visa (if the stay is up to six months) or residence permits (if the stay exceeds six months).

EU/EEA/Swiss nationals employed by an employer based in the EU/EEA/Switzerland do not require work permits in order to work remotely out of Austria.

Generally, all individuals applying for a settlement permit must comply with the so-called integration agreement. Within two years of the issuance of the first permit in Austria, immigrants must present a German language certificate proving they have obtained level A2. Dependants of these applicants must present a German language certificate already at the time of the submission of the first application proving they have attained level A1. This requirement can be waived where the dependant has completed a high-school education qualifying them to get enrolled at university. The dependants of individuals applying for a Blue Card EU do not have to present a German language certificate upon the first application.

After five years, the integration agreement regarding German language skills must be fulfilled in case the individual is planning to apply for the long-term EU permit.

There is no general requirement to pass a medical examination and provide a medical certificate or proof of vaccination to the immigration authority to be granted a visa or residence permit.

For a sponsor-based employment permit in Austria, the following minimum threshold requirements need to be met.

Minimum Salary

The monthly salary needs to be in accordance with the legal regulations:

• of the Foreign Alien Employment Act (figure valid for 2024):
1. for Blue Card EU – EUR47,855 annual gross salary and special payments; and
2. for Red-White-Red Card for other key employees – EUR3,030 monthly gross salary (to be paid 14 times per year); and
• of the Collective Bargaining Agreement (CBA), which applies in the selected business entity of the employer.

Education/Special Qualification

The following permits require that the applicant is a holder of a higher education college/university certificate or achieved special qualification:

• Blue Card EU – university/higher college education college degree, corresponding with the planned occupation in Austria required;
• Red-White-Red Card for highly qualified workers – university/higher college education college degree;
• Red-White-Red Card for shortage occupation – special certificate/degree in the chosen shortage occupation required;
• Red-White-Red Card for graduates of an Austrian university or higher education college; and
• Settlement Permit for Artist – special qualification or artistic skills are requested.

Achievement of the Requested Point System and Labour Market Replacement Exam

• Red-White-Red Card for highly qualified workers – applicant needs to obtain at least 70 out of 100 points in the available criteria;
• Red-White-Red Card for shortage occupation – applicant needs to obtain at least 55 out of 90 points in the available criteria; and
• Red-White-Red Card for other key employees – at least 55 out of 90 points in the available criteria required. In addition, applicants for this type of residence permit must undergo a labour market replacement test.

Requirements for Upgrade Red-White-Red Card into Red-White-Red Card Plus

The permits for:

• Blue Card EU;
• Red-White-Red Card for highly qualified workers;
• Red-White-Red Card for shortage occupation;
• Red-White-Red Card for other key employees;
• Red-White-Red Card for graduates;
• Red-White-Red Card for entrepreneurs (self-employed key workers); and
• Red-White-Red Card for start-up founders,

can be issued with an initial validity period of up to two years. Provided that the applicant is working for at least 21 full months within a period of 24 months, at the extension stage an upgrade to the unsponsored Red-White-Red Plus Card is possible, which allows the applicant free access to the labour market.

Holders of an EU Blue Card, Red-White-Red Card, settlement permit for artist and work permit are allowed to work for the employer who sponsored the application. In addition to their employment in Austria, these holders are allowed to do business in Austria as self-employed in case this activity is compared to their employment only as subordinated.

Employees assigned to Austria under the ICT regime are allowed to work for the Austrian group company and can also work on client projects of the Austrian group company.

Promotion is not an obstacle to the validity of the existing permit.

Only if the candidate:

• starts to earn less salary than declared to the authority;
• if they change the sponsored employer; or
• lose the employment at the sponsored employer,

the candidate must report such changes to the immigration authority and apply for a new residence permit.

Holders of a Red-White-Red Card Plus or a Permanent Residence Permit – EU have unlimited access to the Austrian labour market and can work for any employer without any further permission.

Processing times vary between different immigration offices and types of applied residence permits. Generally, issuance of a residence permit in combination with a work permit requires a period of eight to 12 weeks calculated from the day the respective application was filed either at the Austrian Embassy or directly at the local immigration authority. This timeline does not include the time required for the preparation of the application package for the submission.

The applicant is not allowed to await the outcome of the process in Austria, when applying for the first residence permit card. Thus, the applicant needs to leave Austria on time – ie, before their visa/or visa-free days expire, in case the immigration authority has not issued the residence permit card during the applicant’s stay in Austria.

It is also forbidden by law that an applicant has more than one pending application in the whole of Austria at the same time.

The applicant should also be aware of the fact that some of the Austrian embassies are refusing to issue a tourist visa to applicants who have pending residence permit applications in Austria.

There is no official priority service/fast-track service available in Austria.

The individual should specifically be aware of the following post-visa requirements:

• main residence needs to be registered at the local townhall registration office in Austria within three days after moving into the apartment;
• the official start of the employment must be reported to the local labour market service with three days, calculated from the first day of the applicant starting work;
• the first residence permit card for a principal Red-White-Red Card is usually issued for 24 months. The applicants will be granted with a Red-White-Red Card Plus in case they remained employed at least for 21 months out of 24 months;
• any changes in the employment during the first 24 months must be immediately reported to the immigration authority;
• holders of residence permit cards are obliged to settle down in Austria and spend significant time here – eg, more than 180 days;
• residence permit cards need to be extended on time (eg, before expiry date); and
• generally, all applicants for residence permits must comply with the integration agreement. Within two years of issuance of the first permit, immigrants must present a German language certificate proving they have attained level A2 by passing a so-called integration exam A2. This requirement is also fulfilled in case the individual is a holder of an accredited high school diploma or university degree.

Visa Costs

The applicant needs to consider the following costs during the application process:

• residence permit application fees of approximately EUR190 per application;
• collection visa fees of approximately EUR150 per application (if applicable);
• costs for document translations (if applicable); and
• costs for document verification (if applicable).

The authority will address its fees directly to the applicant. The fees can be paid by the employee or the employer. This has no impact on the application.

The authority strictly monitors compliance of the employment with the labour and immigration law regulations and will not hesitate to start investigations in case of any breach.

Employers are allowed to hire only employees (whether locally hired or on assignment) holding valid work permits. Violating this obligation can lead to a penalty of up to EUR50,000.

Sanctions for not complying with the minimum remuneration requirements may result in a penalty of up to EUR400,000. Financial penalties may be imposed on every single managing director of the sending or receiving entity.

Further consequences for non-compliance with immigration rules are that certain violations will be registered in a central penalty register. If the employer is penalised several times for illegal employment of foreign nationals, it can be prohibited from employing new foreign nationals for a period of up to five years. Further, the employer’s trade licence may be revoked for the recurring illegal employment of foreign nationals.

There is no formal right to work check process in place. However, Austrian employers and receiving companies, regardless of whether they are sponsors or non-sponsors, are obliged to make sure that all their employees and visitors, as well as posted workers, hold a valid working permission as determined by the Austrian Alien Employment Act. If a working permission is not in place, fines are applicable to the managing directors or appointed responsible persons of the Austrian employer (in case of local employment) or receiving entity (in case of business visits and postings).

Eligibility

Dependants are the person’s spouse or children under the age of 18, including adopted children and stepchildren. The term “spouse” refers to opposite-sex marriages and registered partnerships, as well as same-sex marriages and registered partnerships. Further, the spouse must be at least 21 years old at the time of their application submission. Co-habiting partners do not qualify as dependants (exemptions apply to EU nationals).

Conditions and Restrictions

All dependants of principals holding a Red-White-Red Card or Blue Card EU can apply for a family reunion permit, which will be granted in the form of a Red-White-Red Card Plus. Notably, in the case of family reunion applications for Red-White-Red Card holders, dependants may be required to obtain a German language certificate at level A1 before they can file their reunion application. The Red-White-Red Card Plus grants the family member free access to the Austrian labour market and also gives them the option to do business as a self-employed person in Austria.

For dependants of intra-company transfer (ICT) permit holders, a family reunion is also possible, and the dependant can obtain a residence permit card in Austria. If the dependant has a job offer at the time the ICT permit application is filled, the ICT permit will also serve as a work permit for that specific employer. In case the assignee does not fall under the ICT regime, a family reunion is not possible.

Children are obliged by law to attend school in Austria form the age of six until the age of 15. Hence, for children within this age bracket, it is compulsory to attend a school while living in Austria. A school can be attended with any residence permit or settlement permit.