Legal blog by Mag. Osai Amiri, Msc
Settlement permit – Artist
Third-country nationals, i.e., nationals of a country that is neither part of the European Union nor the European Economic Area, who wish to pursue an artistic occupation in Austria for more than 6 months, can apply for this settlement permit.
Artist definition.
But who is an artist, anyway? In general, an artist is a person who performs an artistic activity in a certain artistic field in a creative manner.
The artistic activity must predominantly consist of artistic design activities. Examples for such artistic activities are:
The artistic activity must predominantly consist of artistic design activities. Examples for such artistic activities are:
- Creation of literature, performing arts, music, visual arts, photography, film, video art
- Publication, presentation and documentation of works
- Preservation of works and documents
Dependent and self-employed artistic activities.
The artistic activity can be pursued both on a self-employed or dependent basis.
Dependent artistic activities are those that are carried out as part of an employment relationship. Such jobs include, for example, directors, stage designers or conservators. These types of artists require a so-called employer's declaration (“Arbeitgebererklärung”), i.e., a written declaration from their future employer, in order to apply.
Self-employed artists, on the other hand, are persons who are not subject to an employment agreement, but whose livelihood is covered by the income they receive from their self-employed artistic activities. For example, painters, writers or musicians are generally self-employed artists. In this case, the applicant must present work contracts with clients in Austria (e.g. concert halls, gallery owners, event organizers) in order to prove that they can also make a living from their self-employed artistic activity. In addition, proof of artistic training must be provided, or previous artistic activities must be described.
Dependent artistic activities are those that are carried out as part of an employment relationship. Such jobs include, for example, directors, stage designers or conservators. These types of artists require a so-called employer's declaration (“Arbeitgebererklärung”), i.e., a written declaration from their future employer, in order to apply.
Self-employed artists, on the other hand, are persons who are not subject to an employment agreement, but whose livelihood is covered by the income they receive from their self-employed artistic activities. For example, painters, writers or musicians are generally self-employed artists. In this case, the applicant must present work contracts with clients in Austria (e.g. concert halls, gallery owners, event organizers) in order to prove that they can also make a living from their self-employed artistic activity. In addition, proof of artistic training must be provided, or previous artistic activities must be described.
General requirements for issuing a residence permit.
General requirements for the granting of a settlement permit. In addition to the above-mentioned special requirements, the general requirements for obtaining a settlement permit must also be fulfilled, i.e.:
- An adequate means of subsistence
- A health insurance coverage
- An adequate accommodation
- Not pose a threat to public order or security
Application procedure and validity of the residence permit.
Applications are generally submitted to the competent Austrian representative authority, i.e. the embassy or consulate of the applicant's country of residence. Under certain circumstances, an application can also be submitted in Austria, or, in the case of dependent artistic employment, the application can also be submitted by the employer.
The settlement permit is valid for a period of 12 months.
The settlement permit is valid for a period of 12 months.