Immigration Law at Austria
Austria's immigration and residency framework is governed by the Settlement and Residence Act (NAG), the Asylum Act (AsylG), and various regulations issued by the Ministry of the Interior and the Ministry of Labour. The system is designed to manage the entry, stay, and integration of foreign nationals, with specific provisions for work, study, family reunification, and asylum. (Long term resident)
🛂 Visa and Entry Requirements
Austria requires third-country nationals (non-EU/EEA/Swiss citizens) to obtain a visa for stays exceeding six months. For short-term visits (up to 90 days within 180 days), a visa may not be necessary, depending on the individual's nationality. Applicants must demonstrate: (Permanent immigration)
Adequate means of subsistence: A regular income meeting the equalisation supplement reference rate.
Health insurance: Coverage that meets Austrian standards.
Accommodation: Proof of legal entitlement to adequate housing. (General conditions for the issue of residence permits)
💼 Work Permits
Third-country nationals require a combined work and residence permit to access the Austrian labour market. The Red-White-Red Card is a key pathway, issued based on a points system considering: (Work and Migration)
Qualifications: Education and professional experience.
Job offer: A binding employment contract.
Language skills: Proficiency in German or English.
Age: Younger applicants may receive higher points.
Salary: Compliance with minimum wage standards. (Austria stops processing Syrians' asylum applications after Assad falls)
The Blue Card EU is available for highly skilled workers with a job offer meeting a specified minimum salary threshold. Processing times for work visas have been reduced to approximately 4–6 weeks. (Austria Immigration 2025: Austria's New Rules)
🏠 Residency Permits
Austria offers various residence permits, including:
Red-White-Red Card Plus: Allows holders to change employers and access the labour market freely.
Long-Term Resident – EU: Granted after five years of uninterrupted legal residence, completion of integration modules, and meeting financial and housing requirements. (Work and Migration, Austria Immigration 2025: Austria's New Rules)
Family reunification is possible but subject to stricter requirements, including proof of sufficient income and housing. Recent legislation has suspended family reunification for refugees, citing public service strain and integration challenges. (Austria Immigration 2025: Austria's New Rules, Austria takes step to block family reunification for migrants)
🛡️ Asylum and International Protection
Austria grants international protection through: (General information on Asylum)
Refugee Status: For individuals with a well-founded fear of persecution.
Subsidiary Protection: For those at risk of serious harm but not qualifying as refugees. (General information on Asylum)
Recognised refugees receive a three-year temporary residence permit, renewable indefinitely unless revoked. Beneficiaries of subsidiary protection are granted a one-year permit, extendable for two years. Recent policy changes have halted processing of asylum applications from Syrians and suspended family reunification for Syrian refugees. (General information on Asylum, Austria stops processing Syrians' asylum applications after Assad falls)
🌍 Citizenship
Naturalisation in Austria is challenging, typically requiring:
Continuous residence: At least 10 years.
Language proficiency: Demonstrated B1-level German skills.
Economic self-sufficiency: Proof of financial independence.
Civic integration: Knowledge of Austrian legal and social systems. (Austria Immigration 2025: Austria's New Rules)
Dual citizenship is generally not permitted, with exceptions for specific cases. (5 of the Hardest Countries for Obtaining Citizenship)
⚠️ Enforcement and Policy Trends
Austria has adopted stricter immigration policies, including:
Suspension of family reunification: Particularly affecting refugees, citing integration and public service concerns.
Revocation of citizenship: In cases of perceived disloyalty, such as refusal to participate in national ceremonies.
Asylum application halts: Notably for Syrian nationals, following political changes in their home country. (Austria takes step to block family reunification for migrants, Austria revokes Ukrainian's citizenship over national anthem row, Austria stops processing Syrians' asylum applications after Assad falls)
These measures reflect a broader trend towards restrictive immigration policies in Europe.
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