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Brits in Austria have two weeks left to apply for post-Brexit residency

The deadline to apply for the Article 50 card in Austria is New Year's Eve, with many British people living in Austria yet to apply.

Published: 7 October 2021 12:06 CEST
Updated: 17 December 2021 14:10 CET
Brits in Austria have two weeks left to apply for post-Brexit residency
Former British Ambassador Leigh Turner applying for the Article 50 Card. Photo credit: Amina Taieb / British Embassy Vienna.

As part of the Brexit Withdrawal Agreement, British people who were already living in Austria at the end of the transition period on December 31st 2020 can apply to stay in Austria retaining many of the rights they enjoyed as EU citizens, but the deadline is approaching fast.

Applications for the Article 50 EUV Card should be submitted by December 2021 31st and the card is mandatory for British people who were in Austria under EU freedom of movement laws and do not have another right of residence in order to continue living and working in Austria past New Year’s Eve. If you have another right of residence, such as citizenship of a different EU country, you do not need to apply, but may still want to.

Here’s what you need to know about the Article 50 Card and how to apply.

What is the Article 50 Card?

The Article 50 Card replaces all previous residency permits held by British people in Austria who were living here under EU freedom of movement. In a nutshell, it’s a post-Brexit residency card.

The application process for the Article 50 Card opened on January 4th 2021, although many people in Vienna have experienced delays.

Mike Bailey, from British in Austria, told The Local: “The Article 50 Card application procedures have been handled differently in Vienna and in other provinces.

“In Vienna, the process takes longer and feedback has shown it has taken between two and 39 weeks before people receive the card.

“Some people in Vienna applied at the start of the year and have been asked three or four times for more information, plus there have been very publicised staffing issues at MA35 [Immigration and Citizenship Department].

“But outside of Vienna it has been a different story with quicker processing times.”

British people that moved to Austria after the end of the transition period, in other words from January 1st 2021, have to go through the standard immigration channels as a third-country national.

EXPLAINED: What Brits with EU partners need to know about returning to live in the UK

Who needs to apply?

British people that were living in Austria as an EU citizen on December 2020 31st and want to continue living, working or studying in Austria have to apply for the Article 50 Card – regardless of age or socioeconomic status.

The British in Austria group even advises people with a second EU nationality to apply for the 10-year Article 50 card, if eligible.

This is because the ten-year card offers greater flexibility when it comes to time spent away from Austria, compared to the pre-existing Bescheinigung des Daueraufenthalts (a legal residency document obtained after five years in Austria as an EU citizen).

If British citizens living in Austria don’t apply for the Article 50 Card they could lose their current rights that are protected by the Withdrawal Agreement.

There were around 11,500 UK nationals registered in Austria at the end of 2020.

Nerys Jones, Chargé d’Affaires at the British Embassy, told The Local: “It’s very important that British nationals living in Austria now apply for an Article 50 card.

“If you don’t apply before the deadline at the end of December, it will be much harder to stay in Austria from January next year, and you might not be able to access important services.

“We are working hard to reach as many people as possible but are especially concerned about older or vulnerable British people who have been in Austria for some time and may not realise this applies to them.

How does the application process work?

For people that live outside of Vienna, Article 50 applications take place at the local Bezirkshauptmannschaft or Magistrat where a person lives (Hauptwohnsitz). 

In Vienna, applications are processed at MA35, the City of Vienna Immigration and Citizenship department in Arndtstrasse in the 12th district.

In most cases, an appointment has to be made in advance and proof of status will have to be provided, such as a job contract, proof of self-employment, proof of address and ID.

In some cases, additional checks will be made to determine the eligibility of an applicant.

Applicants also have to pay a fee (see below for more information), provide fingerprints and a passport photo.

After applying, each applicant should be issued with an official confirmation of application. If the confirmation is not provided, Mike from British in Austria advises people to request it.

READ MORE: Passport stamps: What British residents in the EU need to know when crossing borders

The British in Austria website has an updated list of offices across the country where an application for the Article 50 Card can be made. You can find the page here.

Typically, the process takes a couple of weeks from lodging the application to receiving the Article 50 Card, but it can take longer in Vienna as there are more British people living in the capital than elsewhere in Austria.

However, earlier this year some people experienced delays in applying for the Article 50 Card as a result of Covid-19 restrictions and closed offices. 

In February, there were also reports of some British citizens in Austria wrongly having their benefits payments suspended due to misunderstandings of the new post-Brexit rules, as reported by The Local.

The suspension of benefits went against the Withdrawal Agreement and resulted in Ambassador Turner reaching out to the Austrian Federal Government to resolve the issue.

How much does the application cost?

The costs of applying for the Article 50 Card ranges from €0 to around €75.

The difference will depend on how long someone has lived in Austria and whether further documentation is required.

The standard fee is €61.50 but this is waived if a person already has a permanent residency status in Austria that was obtained pre-Brexit.

Permanent residency is gained after living in Austria for five years and meeting the conditions for a residency permit under EU law.

Useful links

British in Austria

City of Vienna – Immigration and Citizenship (MA 35)

Austrian Federal Government

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EUROPEAN UNION

Your key questions answered about the Schengen area’s 90-day rule

The EU/Schengen area's '90-day' rule is a complicated one that causes much confusion for travellers - here we answer some of the most common questions from readers of The Local.

Published: 18 May 2023 11:19 CEST
Your key questions answered about the Schengen area's 90-day rule

The Schengen ’90-day’ rule applies to non-EU/EEA citizens, including Britons, and limits access to the EU’s Schengen zone to 90 days in every 180 day period. Anyone who wants to stay longer than this will need to apply for a national visa of the country they are visiting. 

Not all citizens of non-EU/EEA countries benefit from the visa-free 90 days. Some nationalities must apply for a visa for any visit to an EU country, even just a one-week holiday. But non-EU citizens including the British, Americans, Canadians, Australians and New Zealanders do benefit from it.

The limit of 90 days in every 180 gives you a total of six months per year within the Schengen zone, so for tourists or people who want to visit family or friends its perfectly adequate – the people who tend to have problems with it are second-home owners and those who work on short-term contracts in the EU.

The Schengen area currently includes all EU states apart from Ireland, Bulgaria, Romania and Cyprus although the latter three states intend to join. It also includes the non-EU states Switzerland, Norway, Liechtenstein and Iceland (EFTA). Croatia was allowed to join the Schengen area late last year.

You can find a full explanation of how the rule works HERE, and answers to some of the most commonly-asked questions from readers of The Local below.

Does the limit apply to the whole Schengen area?

This is one aspect that frequently catches people out – the 90-day limit refers to the entire Schengen area. So if, for example, you spend 88 days at your second home in Spain you won’t have enough time allocation left for a long-weekend in Paris.

What counts as a ‘day’?

Any time spent in EU/Schengen territory counts as a single day, technically even a couple of minutes. So if you take the Eurostar from London to Paris and then go straight to the airport for a flight to New York, that counts as one day from your allowance.

Do I have to spend 90 days outside the Schengen?

Exactly how to calculate the 90 days causes problems for many. The 90 days can be taken as either one long visit or multiple short ones, and are calculated as a rolling clock.

You can find a full explanation of how to calculate the allowance HERE – but the short version is that at any time of the year, you need to be able to count back 180 days, and within those 180 days not have spent more than 90 of them in the EU/Schengen area.

You may have heard that once you reach 90 you must leave the EU and cannot return for 90 days.

READ ALSO: How to calculate your Schengen 90-day allowance

This is in fact only the case if you actually reach your 90-day limit. So those that stay for a full 90 days consecutively would then have to leave the Schengen area for 90 days, before they can return.

Most people who make multiple short visits find it best not to go above 85 or so days, meaning that they have a couple of days ‘in hand’ for emergencies. They do not then have to spend 90 days outside the EU to “reset the clock”, but can return once they have enough days within the previous 180 period.

What if there’s a strike and I can’t leave in time?

Transport strikes are not unusual in Europe, especially France, but if your plane, train or ferry is cancelled it could lead to you overstaying your 90 days.

The best advice is to keep a couple of days in hand, just in case.

If you do end up accidentally overstaying, then the ‘force majeur‘ rule applies – essentially, you need to be able to prove that it was impossible for you to leave the country on time, which might be difficult as even during a strike period there is usually some transport running, even if it is complicated and expensive to change your travel plans.

What if I live in the EU?

If you are a non-EU/EEA national and your are resident in an EU country – with a visa or residency permit – then clearly the 90-day rule does not apply to your country of residence.

It does, however, apply once you travel to another EU country. So if you live in France and like to spend long holidays in Spain and Italy, then you need to keep track of your 90 days.

In practice, there is usually little in the way of border controls when you are travelling within the EU so it’s unlikely that your passport will be stamped or even checked. However, technically the rules does apply.

What are the penalties for over staying?

If you have over-stayed your 90 days you can be fined, deported and banned from re-entry to the EU.

In practice, enforcement varies between countries and most countries keep the toughest penalties for people who have overstayed for many months or even years, or who are working illegally.

READ ALSO What happens if you overstay your 90-day limit?

The most likely scenario for people who have over-stayed for a short time is a fine – French authorities have been issuing €198 fines to over-stayers – and a stamp in the passport flagging the person as an over-stayer. This stamp will likely lead to added complications on future trips, and can make getting a visa more difficult.

What if I get a visa?

People who want to spend more than 90 days in every 180 in the EU/Schengen area will need to get a visa.

However, there is no such thing as an ‘EU visa’ that allows you unlimited access to the bloc. You will need to get a national visa for the country where you spend the most time.

You can then continue to use your 90-day limit to visit other countries within the EU.

All countries have different rules on visas, but for most people who want to spend long periods in the EU without actually moving there, a short-stay visitor visa is the best option.

What if I’m married to an EU citizen? 

Citizens of EU and Schengen zone countries benefit from EU freedom of movement, so are not constrained by the 90-day rule. This, however, does not extend to non-EU spouses.

If you want to spend more than 90 days in the Schengen zone, you will still need a visa (or look to obtain EU citizenship through marriage).

What if I get a new passport?

People travelling under the 90-day rule usually have their passports stamped on entry and exit, in order to keep track of their 90 days.

However passports are also scanned on entry and exit, so a record exists beyond the passport page with its stamp. Therefore getting a new passport does not restart your 90 days, no matter that all the pages are lovely and blank.

What will EES and ETIAS change?

This brings us onto EES, the EU’s new system of border control which involves extra checks at the border – including fingerprints and facial scans – and automatic scanning of passports.

The implementation date has been postponed several times – it’s now due in 2024 – but this will make it harder for over-stayers to slip through the net.

Find a full explanation of the new system HERE.

Could this change for second-home owners?

Definitely the most-asked question at The Local is whether some kind of special deal may be forthcoming for second-home owners.

All we can say for certain is that there are no plans currently in place, and as the 90-day rule is an EU one it would have to be discussed at an EU level.

Individual countries could choose to introduce a special visa for second-home owners, but this still wouldn’t be the same as the paperwork free stays that EU citizens enjoy.

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