Settlement Permit – Special Cases of Gainful Employment

The “Settlement Permit – Special Cases of Gainful Employment” is intended for nationals of third countries who want to pursue work in scientific research and teaching in Austria and do not have a Hosting Agreement with a certified research institution or a research institution that does not require certification. This also includes researchers who are financed freely or by foreign research institutions.

The application for the “Settlement Permit – Special Cases of Gainful Employment” has to be submitted at the competent Austrian representative authority (embassy, consulate with power to issue visa) in your country of residence. In case of a positive decision of the locally competent residence authority in Austria, the application for a visa D can be filed at the Austrian representative authority. The visa D will be issued for four months if it is not possible to enter Austria visa-free. You can enter Austria with a visa D and collect the settlement permit at the competent residence authority in Austria.

Further on it is also possible to submit an application for a “Settlement Permit – Special Cases of Gainful Employment” at the locally competent residence authority in Austria after lawful entry and during a lawful stay (e.g., without requiring a visa, residence title or visa from an EU member state).

Please note, however, that taking up research activities in Austria is only permitted after receipt of the “Settlement Permit – Special Cases of Gainful Employment”.
Please also note that the application does not permit you to overstay your visa-free stay or the period of residence defined in your visa or residence title.

You will find all the requirements for granting a "Settlement Permit - Special Cases of Gainful Employment" in the checklist.

In principle a travel health insurance must be taken out to enter Austria. Please note that this insurance must be valid in Austria and provide sufficient cover for various health issues (insurance cover well over EUR 30,000 including guarantee to cover possible recovery and repatriation costs and costs for treatment of the COVID-19 disease).

Third-country nationals will only receive a residence title if they can additionally provide proof of having a “health insurance covering all risks”. The travel health insurance is only sufficient for the period until a “health insurance covering all risks” can be taken out after entry.

Researchers who are employed by an Austrian research institution fulfil the requirement of a “health insurance covering all risks” due to the statutory insurance associated with this employment – provided that their salary exceeds the limit ("Geringfügigkeitsgrenze") of EUR 518.44/month [as of 2024]. Employees will then automatically be covered by health insurance (and also accident and pension insurance).

Researchers, who are staying in Austria within the framework of a sabbatical or who are financed by foreign research institutions, may take out private health insurance to fulfil the requirement of having a “health insurance covering all risks”.

Further information about the topic "health insurance" can be found here.

If all requirements are met, the “Settlement Permit – Special Cases of Gainful Employment” will be issued for a period of 12 months. If you applied for a shorter term or your travel document is valid for a shorter period of time, your settlement permit will be issued for a shorter period.

Researchers who are staying in Austria with a visa for gainful employment or a “Settlement Permit – Special Cases of Gainful Employment” are allowed to take up their planned research activities without requiring any further work permits.

You have to apply for a renewal of your settlement permit at the competent residence authority in Austria before your settlement permit expires; however, at the earliest 3 months before expiry of the settlement permit. Until a decision about your application for a renewal is taken you are considered to be lawfully resident, even if your current settlement permit expires in the meantime.

Furhter information about the topic "renewal of residence title" can be found here.

Researchers, who have been in possession of a “Settlement Permit – Special Cases of Gainful Employment” for at least two years and fulfil module 1 of the Integration Agreement, may get a new “Settlement Permit – Special Cases of Gainful Employment” for three years. It is also possible to change to another residence title if you meet the conditions for it.

After a total settlement period in Austria of five years researchers may obtain the residence title "Long-term Resident - EU" ("Daueraufenthalt - EU") if they fulfil the requirements for this title.

The possible residence titles for family members* of holders of a “Settlement Permit – Special Cases of Gainful Employment” depend on the researcher's exact activities:

Family members of researchers working in research and teaching, in development and fostering of the arts or in arts teaching in public or private institutions or companies may apply for a “Red-White-Red Card plus”, which is not subject to quotas.

As a rule they have to apply at the competent Austrian representative authority (embassy, consulate with power to issue visa) in their country of residence. If the family members are permitted to enter Austria without a visa, they may also apply for this permit in Austria at the competent residence authority. With a “Red-White-Red Card plus” family members enjoy free access to the labour market and may carry out any job without a work permit as long as the family relationship remains upright.

Family members of researchers working in teaching or research at an institution running university of applied sciences degree programmes or who pursue a scientific activity (or an education) at the Diplomatic Academy or the Security Academy may apply for a “Settlement Permit”; this permit is subject to quotas.

As a rule they have to apply at the competent Austrian representative authority (embassy, consulate with power to issue visa) in their country of residence and await the decision of the authorities there. If the family members are permitted to enter Austria without a visa, they may alternatively apply at the competent residence authority in Austria. A “Settlement Permit” only permits self-employed work.

Both types of family members have to prove that they have German language knowledge at A1 level when applying for the first time unless they do not intend to apply for a renewal of the residence title after a total stay of 24 months within 3 years or the fulfilment or exemption from the fulfilment obligation is assumed.

Moreover, family members have to prove that they have fulfilled the module 1 of the Integration Agreement within two years of receiving the residence title unless they will not apply for a renewal of the residence title after a total stay of 24 months within 3 years or the fulfilment or exemption from the fulfilment obligation is assumed.

Family members who have had a “Red-White-Red Card plus” for two years may apply for another “Red-White-Red Card plus” with a validity period of three years if they fulfil the module 1 of the Integration Agreement (see above).

In case of advanced integration (e.g. having fulfilled the module 1 of the Integration Agreement) family members who have had a “Settlement Permit” for two years may apply either for another “Settlement Permit” or – in connexion with an application for a change of purpose – for a “Red-White-Red Card plus” with a validity period of three years.

Family members who have had a “Red-White-Red Card plus” or a “Settlement Permit” for five years may apply for the residence title “Long-term Resident – EU” ("Daueraufenthalt - EU"),  which will allow them to stay in Austria for an unlimited period of time.

You can find all necessary documents for both types of residence title in the checklist.

* Spouses, partners in a civil union and unmarried minors. Spouses and partners in a civil union must be at least 21 years old at the time of application.

The “Settlement Permit – Special Cases of Gainful Employment” will be issued in credit card format with a photograph and also serves as an ID document. You should carry your “Settlement Permit – Special Cases of Gainful Employment” at all times to prove your entitlement to residence in Austria.

During its validity period your “Settlement Permit – Special Cases of Gainful Employment” entitles you to travel through or stay in other Schengen countries (Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland and Croatia) for a maximum duration of 90 days within 180 days.

You have to register within 3 working days of arrival in Austria with the registration office at your place of residence.
A registration with the registration office is not needed if you reside in a tourist accommodation (e.g., hotel, guest house, campsite, private room, AirBnB) for a maximum of 2 months.

You have to enclose to the application photocopies of the following documents with your personally signed application form (explanation of the application form) and additionally show only the originals:

• Valid travel document
• Passport-sized photograph according to the ICAO criteria (colour photograph, size 3.5 x 4.5 cm) not older than 6 months
• Employment contract / preliminary contract / scholarship award notice / invitation letter of the hosting institution / letter of the home research institution
• minimum funds to finance your stay in Austria [as of 2024]:
  • EUR 1,217.96/month
  • for couples: EUR 1,921.46/month for both
  • for each child additionally: EUR 187.93/month
  If the rent for accommodation and/or instalment is higher than EUR 359.72/month, you have to prove additional funds and costs for an eventually needed health insurance covering all risks.
• Proof of accommodation in Austria according to the local standards (e.g. rental or subtenancy contract, legally valid preliminary contract, accommodation agreement ("Wohnrechtsvereinbarung")
• Proof of health insurance covering all risks (unless you have or are going to have statutory health insurance)

In case of first-time application additionally:

• copy of the passport (all pages)
• Police clearance certificate from your country of residence (in individual cases also from your country of origin) not older than 3 months at the time of application (legalised and afterwards translated)
• For longer stays: school leaving certificate confirming your general university entrance qualification – this replaces the otherwise necessary proof of German language knowledge at A1 level for first-time applications

In case of renewal application additionally:

• current extract from the files of an officially recognised credit reference agency (e.g. KSV 1870 Information GmbH)

It is recommended to submit all foreign documents in German language.

Foreign documents and proofs (e.g. birth certificate, police clearance certificate) need to be legalised according to the applicable regulations and have those translated afterwards into German language by a sworn and court-certified interpretor as the residence authority can ask for a German translation.

The residence authorities may require the submission of further documents and confirmations (e.g. birth certificate) in individual cases. In order to avoid delays, we recommend that you submit all the above-mentioned documents together with your application.

Further information can be found here.

Documents issued by authorities of a member state of the EU only need to be translated if the authority has not attached a multilingual form (will be issued by the authority of the EU member state) to the document as well.

Costs: EUR 160 (EUR 120 when submitting the application, EUR 20 when the permit is granted and EUR 20 fee for the collection of police identification data)
Additionally for foreign civil status documents (birth certificate, marriage certificate, civil union certificate) depending on the type of document: EUR 3,90, EUR 7,20 or EUR 14,30

The residence permit will be issued in credit card format with photograph and also serves as an ID document. It is recommended to carry it at all times.

You have to enclose to the application photocopies of the following documents with your personally signed application form ("Red-White-Red Card plus", "Settlement Permit", explanation form for the "Red-White-Red-Card plus" and the explanation form for the "Settlement permit") and additionally show only the originals:

• Valid travel document
• Passport-sized photograph according to the ICAO criteria (colour photograph, size 3.5 x 4.5 cm) not older than 6 months
• Proof of accommodation in Austria according to the local standards (e.g. rental or subtenancy contract, legally valid preliminary contract of the husband/wife/parent, accommodation agreement ("Wohnrechtsvereinbarung")
• Proof of the required minimum funds to finance your stay in Austria [as of 2024]:
  • for couples: EUR 1,921.46/month for both
  • for each child additionally: EUR 187.93/month
  (e.g. by means of presentation of the husband’s/wife’s/parent’s employment contract)
  If the rent for accommodation and/or instalment is higher than EUR 359.72/month, you have to prove additional funds and costs for an eventually needed health insurance covering all risks.
• Proof of health insurance liable to pay for medical treatment in Austria and covering all risks (unless family members are covered by the researcher’s statutory health insurance)

In case of first-time application additionally:

• copy of the passport (all pages)
• Birth certificate or equivalent document (legalised and afterwards translated)
• Police clearance certificate from your country of residence (in individual cases also from your country of origin) not older than 3 months at the time of application (legalised and afterwards translated)
• Proof of family relationship (e.g., marriage certificate, birth certificate, civil union certificate; legalised and afterwards translated)
• For longer stays: language diploma proving German language knowledge at A1 level (must not be older than one year at the time of submission)

In case of renewal application additionally:

• current extract from the files of an officially recognised credit reference agency (e.g. KSV 1870 Information GmbH)

It is recommended to submit all foreign documents in German language.

Foreign documents and proofs (e.g. birth certificate, police clearance certificate, marriage certificate) need to be legalised according to the applicable regulations and have those translated afterwards into German language by a sworn and court-certified interpretor as the residence authority can ask for a German translation.

Further information can be found here.

Documents issued by authorities of a member state of the EU only need to be translated if the authority has not attached a multilingual form (will be issued by the authority of the EU member state) to the document as well.

Costs: EUR 160 (EUR 120 when submitting the application, EUR 20 when the permit is granted and EUR 20 fee for the collection of police identification data)
Additionally for foreign civil status documents (birth certificate, marriage certificate, civil union certificate) depending on the type of document: EUR 3,90, EUR 7,20 or EUR 14,30

The residence permit will be issued in credit card format with photograph and also serves as an ID document. It is recommended to carry it at all times.