Legal blog by Mag. Osai Amiri, Msc

Working as a third-country national in Austria on a dependent basis

Any person who wants to reside and work in Austria for more than six months as a third- country national, i.e., as a national of a state that is neither part of the European Union nor of the European Economic Area, has to obtain a residence permit.

The general requirements for obtaining a residence permit are.

  • An adequate means of subsistence
  • A health insurance coverage
  • An adequate accommodation
  • Not pose a threat to public order or security

There are a variety of Austrian residence permits for employed workers, for which specific requirements must be met on top of the general prerequisites, depending on the type of residence permit applied for.

EU Blue Card (“Blaue Karte EU”).

The specific requirements for the EU Blue Card are:
 
  • Completion of a university degree with a minimum duration of three years
  • Binding job offer for at least six months in Austria
  • Certain gross annual salary
  • No preregistration of an equally qualified job-seeking worker with the Public Employment Service

Not required for the granting of the EU Blue Card is by contrast:
 
  • Proof of an adequate accommodation
  • Proof of an adequate means of subsistence

This residence permit is valid for a period of 24 months.

Red-White-Red Card for Dependent Key Employees (“Rot-Weiß-Rot – Karte für unselbstständige Schlüsselkräfte“).

As a third-country national, you can also live and work in Austria, if you qualify as a dependent key employee in a company and additionally meet the following criteria:
 
  • Certain gross monthly salary
  • No preregistration of an equally qualified job-seeking worker with the Public Employment Service
  • A minimum of 55 points according to a specific points system (e.g. for the completion of a university degree, for an age of up to 30 years; for knowledge of a language at a certain level, etc.)
  • Health insurance covering all risks
  • Not pose a threat to public order or security

Not required for the granting of the Red-White-Red – Card is, however:
 
  • Proof of an adequate accommodation
  • Proof of an adequate means of subsistence

The residence permit is likewise valid for a period of 24 months.

Settlement Permit – Special Cases of Dependent Employment: Special Executives („Niederlassungsbewilligung – Sonderfälle unselbstständiger Erwerbstätigkeit: besondere Führungskräfte“).

This settlement permit can be granted to those third-country nationals who qualify as special executives, i.e., those persons who
 
  • hold executive positions in internationally operating corporations or who are internationally recognized researchers,
  • support the development of sustainable economic relations or the preservation of qualified jobs,
  • earn a certain gross monthly salary.

In addition to the general requirements listed above, an applicant for this settlement permit must also present an employment contract for the intended occupation.

Holders of this settlement title are generally exempt from the scope of the Austrian Act Governing the Employment of Foreign Nationals Act (“Ausländerbeschäftigungsgesetz, AuslBG”) and are therefore not dependent on any authorization by the labor market authorities in order to pursue employment.

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

Applications for all of the abovementioned residence permits must be submitted personally to the competent Austrian consular representation of the applicant's country of residence or may be submitted by the Austrian employer to the competent residence authority in Austria.

Family members of holders of the residence permits outlined above may in turn apply for a Red-White-Red Card plus (“Rot-Weiß-Rot – Karte plus”) on their own behalf.