New regulations regarding several combined residence and work permits took effect in Austria on August 7th. These significant Austria work permit changes, while not widely publicized, bring relevant updates for many permit holders.
Specifically, two key adjustments impact individuals whose right to work in Austria is tied to a particular employer. Firstly, a new six-month job-search period is now available. Secondly, individuals can provisionally start working for a new employer even before their new permit is formally issued.
The updated residence law significantly alters the previous rules concerning job loss for Red-White-Red Card holders. If you lose the job on which your employer-linked residence permit is based, you must promptly inform the competent residence authority.
However, this notification no longer leads to immediate permit withdrawal. The authority must generally refrain from revoking the permit for six months from the onset of unemployment. This provision covers holders of Red-White-Red Cards, EU Blue Cards, certain employed artists’ permits, cross-border worker permits, and family reunification permits that include employment access.
The six-month period begins with unemployment as defined by Austria’s unemployment insurance law. Furthermore, workers who experienced particularly exploitative conditions from a former employer receive an additional three months to find new work.
It is important to note that this six-month rule prevents immediate withdrawal; it does not extend your residence card’s expiry date. For example, if your permit expires in two months and you lose your job, the current renewal rules still apply. If you submit an extension application properly, you can usually reside legally until a decision is made.
Regarding unemployment benefits, the Interior Ministry clarifies that payments from unemployment insurance are generally considered income. They are treated as insurance benefits, not social assistance.
Another major change allows certain employer-linked permit holders to provisionally start new employment. Previously, a new permit had to be approved before starting work for a new company. Now, if 45 days pass without a decision after submitting a new residence title application, you can provisionally begin the new job. The new employer and position must be specified, and the AMS still examines relevant permit requirements.
EU Blue Card holders benefit from different, often more favorable, procedures. If employed for less than 12 months, they can provisionally start a new job 30 days after applying for a new EU Blue Card. After 12 months, they can begin new employment immediately after filing the application, and the AMS labour-market test is waived.
The reform also introduces a general maximum decision period of 90 days for many residence-title applications. In complex cases, this can be extended by 30 days with prior applicant notification. However, shorter deadlines, such as the eight-week period for Red-White-Red Cards and EU Blue Cards, remain in effect where specified by law.
If you lose your job, immediately report the end of employment to the residence authority. Check your residence card’s expiry date and begin researching the procedure for a new employer promptly. Depending on your situation, you may also need to register for unemployment or benefits with the AMS.
For those in Vienna, MA 35 is typically the residence authority for most NAG permits. In other parts of Austria, it is generally the district or municipal authority. Seek individual advice for unusual permits or cases with impending expiry dates before starting work for a new employer.
