Legal blog by Mag. Osai Amiri, Msc

Settlement permit – gainful employment excepted („Niederlassungsbewilligung – ausgenommen Erwerbstätigkeit“)

Third-country nationals, i.e., nationals of a country that is neither part of the European Union nor the European Economic Area, who are not interested in working in Austria, for example because they are already retired or financially independent, can apply for this settlement permit.

Key Criteria for Obtaining a Residence Title in Austria.

For this purpose, the general requirements for obtaining a residence title must 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

Quota and Financial Requirements for Residence Permit Application.

A special feature of this residence permit is the fact that the number of permits issued per year is limited, i.e., a further requirement for the application is that a so-called quota place is available. Finally, the applicant's regular monthly income must correspond to certain amounts:
 
  • Single person: € 2,220.52
  • Married couples or registered partners: € 3,503.12
  • Additionally per child: € 342.62 (2023)
 
Regular monthly income may include, for example, investment income, pensions, company profits, savings deposits, etc.

Application Process and Residence Title Validity for Long-Term Settlement in Austria.

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.

The settlement permit is valid for a period of 12 months.

Holders of this settlement permit can also apply for the residence title "Long term resident - EU" if they have been legally resident in Austria for five years and fulfill Module 2 of the Integration Agreement, namely, have acquired language skills at B1 level and an in-depth understanding of the fundamental values of the Austrian legal and social order.