Entry and residence in connexion with BREXIT (as of January 1st, 2021)
General Information
The United Kingdom left the European Union on January 31st, 2020.
As of January 1st, 2021 the United Kingdom will no longer be part of the single European market and the customs union. However, the exit agreement provides for facilitated residence conditions for UK nationals and their families living in Austria before the end of the transitional period who wish to remain in Austria.
The residence permit "Art. 50 TEU" provided for these persons could be applied for even after the expiry of the transitional period until December 31st, 2021 under certain conditions.
For further information please also visit the Federal Chancellery’s website.
British nationals
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I live in Austria and have applied for the new residence title "Art. 50 EUV" before December 31st, 2021 but have not yet received it. What should I do?
If you have applied for the new residence title "Art. 50 EUV" still in 2021, you can continue to reside in Austria.
The residence authority has a decision period of 6 months.You will receive a confirmation of the application from the residence authority, which must be carried together with your passport/identity card and will also serve together with it for re-entry into Austria.
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I have not applied for the new residence permit "Art. 50 EUV" until December 31st, 2021. What can I do?
The application for the new residence title "Art. 50 TEU" can under certain circumstances also be submitted after 31.12.2021, if e.g. parents for (minor) applicants have not submitted an application for them, applicants with proven serious illnesses.
Contact the appropriate residence authority to assess your options for applying. -
Which requirements do students have to fulfil for this residence title?
- personally signed application form (explanation of the application form)
- valid identity card or passport
- Proof of comprehensive health insurance cover (e.g. by means of an insurance policy, or taking out student insurance (“Studierendenselbstversicherung”))
- Proof of sufficient financial means, e.g. a credit balance on a savings book or bank account, traveller's cheques (depending on the individual case)
- Confirmation of admission from the university
- Extract from the criminal record (upon request of the authority)
These requirements are basically the same as those for a confirmation of registration.
Documents issued by non-Austrian authorities (e.g. birth certificate, marriage certificate) have to be translated into German by sworn and court-certified interpreters and, if requested by the authority, legalised. Documents issued by EU/EEA/Swiss authorities only need to be translated.
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Which requirements do researchers have to fulfil for this residence title?
- personally signed application form (explanation of the application form)
- valid identity card or passport
- Proof of comprehensive health insurance cover (e.g. by means of an employment contract)
- Proof of sufficient financial means, e.g. a credit balance on a savings book or bank account, traveller's cheques (depending on the individual case)
- Confirmation from the employer (e.g. employment contract)
- Extract from the criminal record (upon request of the authority)
These requirements are basically the same as those for a confirmation of registration.
Documents issued by non-Austrian authorities (e.g. birth certificate, marriage certificate) have to be translated into German by sworn and court-certified interpreters and, if requested by the authority, legalised. Documents issued by EU/EEA/Swiss authorities only need to be translated.
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I do not live in Austria at the moment and would like to enter Austria after Dec. 31st, 2020, what do I have to do?
British nationals can enter Austria without requiring a visa and stay in Austria for up to 90 days within 180 days without a visa. If you want to stay for more than 90 days, you have to apply for a visa D or a residence permit.
In principle, the same rules apply as for third country nationals.
Further information can be found here.
Family members of British nationals
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I live in Austria and have applied for the new residence title "Art. 50 EUV" before December 31st, 2021, but have not yet received it. What should I do?
If you have applied for the new residence title "Art. 50 EUV" still in 2021, you can continue to reside in Austria.
The residence authority has a decision period of 6 months.You will receive a confirmation of the application from the residence authority, which must be carried together with your passport/identity card and will also serve together with it for re-entry into Austria.
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What requirements do family members have to fulfil for this residence title?
It depends on the family relationship which documents are required.
- personally signed application form (explanation of the application form)
- valid passport or national identity card
- Marriage/partnership certificate (for registered partners in a civil union)
- Other documents proving the family relationship (e.g. birth certificate)
- Proof of actual payment of maintenance (e.g. for children over 21 years and parents)
- Confirmation of registration of the British national(s)
Documents issued by non-Austrian authorities (e.g. birth certificate, marriage certificate) have to be translated into German by sworn and court-certified interpreters and, if requested by the authority, legalised. Documents issued by EU/EEA/Swiss authorities only need to be translated.
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I do not live in Austria at the moment and would like to enter Austria after Dec. 31st, 2020, what do I have to do?
If your family member is a British national who has lived in Austria before the end of the transitional period (= before Dec. 31st, 2020) and continues to live in Austria and the family member status has existed before the end of the transitional period, you have to apply for a residence title "Article 50 TEU" at the competent residence authority in Austria.
The requirements for this are:
- personally signed application form (explanation of the application form)
- valid passport or national identity card
- Marriage/partnership certificate (for registered partners in a civil union)
- Other documents proving the family relationship (e.g. birth certificate)
- Where appropriate, proof that the family relationship has already existed before the end of the transitional period
- Proof of actual payment of maintenance (e.g. for children over 21 years, parents)
- Confirmation of registration of the British national(s)