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How Britons in Austria can secure post-Brexit residency

With the Brexit transition phase now over, a new residency application process is being rolled out for those British residents in Austria covered by the Withdrawal Agreement. Here's what you need to know.

How Britons in Austria can secure post-Brexit residency
Photo: ALEXANDER KLEIN / AFP

Brexit has been finalised – but what does this mean for Britons living in Austria? Hayley Maguire explains how Britons can stay in Austria permanently. 

What is the new residency permit?

The new post-Brexit residency permit for Britons who were resident in Austria before the end of the transition period on December 31st is known as the Article 50 EUV Card.

The Article 50 EUV Card will be valid for five years, or for ten years depending on how long the applicant has lived in the country for, but they guarantee the right to permanent residency, just as being an EU citizen did. 

Any British nationals moving to Austria in 2021 and beyond cannot qualify for the Article 50 EUV card and must apply for a visa as a third country national.

Applications are open

The application process opened on January 4th but there is plenty of time to apply with the deadline for submitting an application is the end of December 2021.

Many residents have already started the process with the first appointments taking place across the country this week.

As this is the early days of a new system being rolled out nationally, some teething problems can be expected. But so far, most people seem happy with the process.

READ MORE: What Brits in Austria must do to prepare for the realities of Brexit

Are there any problems?

Mike Bailey, from British in Austria, said: “The general response from our feedback form is that it’s quite a straightforward process and no one has been turned away.”

However, there are delays being reported in some western provinces, such as Vorarlberg and Tyrol, and there are reports of differing amounts being charged for the processing fee.

The British in Austria Network is working with the British Embassy to clarify the issue.

There have also been reports on Twitter that some people are being denied the 10-year Article 50 EUV Card which in effect grants permanent residency.

A Tweet from podcasters @TAutsiders said: “We’re hearing that some Brits are being refused a 10 year EUV 50 Brexit Card despite having the required permanent residency rights.”

The Local is looking into whether this is the case – so please email us if you have had any difficulties in receiving the 10-year card.

For those that haven’t started the application yet, don’t be alarmed. The process can be broken down into three steps: filling out an application form, gathering the necessary documents and booking an appointment with the Austrian authorities.

Article 50 EUV Card application form

Proof of German language skills is not a requirement for the residency card but the application form is in German, so people without strong German language skills might need some help to fill out the form.

The information to be submitted includes personal data like name, address, date of birth and social insurance number (Sozialversicherungsnummer). The form also asks for the name of the applicants mother and father.

Next, the applicant has to state why they are staying in Austria, such as for work, study or as a self-employed person. As well as provide details about children, a spouse or registered partner in Austria, or any criminal convictions.

Booking an appointment

To submit the application for the Article 50 EUV Card, British residents have to book an appointment with the relevant authorities where they live.

For people in Vienna, this means at the Magistratsabteilung 35 (MA 35) that deals with immigration and citizenship. The first appointments took place on 4 January, in line with social distancing guidelines.

For other provinces, the appointment has to be made at either the Bezirkshauptmannschaft (district authority) or Gemeinde (municipality). For example, in Styria it will be either Leibnitz or Graz.

There are exceptions though, with some provinces not taking bookings for appointments until after the current lockdown has ended. Currently that date is January 24th but things may change depending on the Covid-19 situation.

According to britishinaustria.net, Salzburg and Innsbruck are not yet facilitating appointments, and there are similar reports coming out of Vorarlberg.

What does the appointment involve?

Mike Bailey from British in Austria says the appointments are mainly to process the documents, take fingerprints and hand over a bill for the process rather than to grill applicants about their lives in Austria.

The group’s advice for those in Vienna were mainly wrap up warm, prepare to wait between 20 and 50 minutes, check that your Medezettel is returned to you and check the fee – “it should be no more than €15 for Bescheinigung des Daueraufenthalts ( permanent residency) – if they charge €75 ask them to check”.

Documents needed to apply 

To apply for the permit applicants will need their valid British passport or identity card and documents to show how they will continue living in Austria. This will depend on what has been stated on the form, as detailed below.

So employed applicants will need a work contract from an employer and self-employed people will need a work contract or an income-tax assessment from last year.

Students will need to show confirmation of enrolment at an Austrian educational establishment.

An economically inactive person will need proof of health insurance and financial resources, like a pension.

A husband, wife or registered partner (Familienangehöriger) will need to show the Anmeldebescheinigung (registration certificate) or a wedding certificate.

All applicants will have their fingerprints taken and need to provide a passport photo that is no more than six months old. Finally, the application form has to be signed in front of an employee of the Austrian authority during the appointment.

Don’t panic

For some British residents in Austria, the prospect of new bureaucracy is daunting and the British in Austria Network is providing guidance and advice. Mike Bailey says anyone struggling with the process should reach out for help.

He said: “Visit the britistinaustria.net website and don’t panic. The initial indications from people submitting the application are good and it seems to be straightforward. 

“But don’t bury your head in the sand. Try to seek help rather than hiding if you’re worried.”

The first applications are now being processed with the first Article 50 EUV Cards expected to be issued in the coming weeks.

Member comments

  1. A minor clarification – we have posted information received from britishinaustria.net site users in Leibniz and Graz – about specific contacts, other Bezirke and Gemeinde in Styria will naturally also handle appointments through the Bezirkshauptmannschaften (BH).

  2. A minor clarification – we have posted information received from britishinaustria.net site users in Leibniz and Graz – about specific contacts, other Bezirke and Gemeinde in Styria will naturally also handle appointments through the Bezirkshauptmannschaften (BH).

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TRAVEL NEWS

EES: Could the launch of Europe’s new border system be delayed again?

After being postponed several times already Europe's new biometric Entry/Exit border system (EES) is set to be rolled out in October, but with fears of lengthy queues, problems with a new app and demands for more time, could it be postponed again?

EES: Could the launch of Europe's new border system be delayed again?

Could the entry into operation of the EU entry/exit system (EES), the new biometric passport checks for non-EU citizens at the Schengen area’s external borders, be delayed yet again?

Originally planned for May 2022, EES has already been postponed many times.

The current launch date, set for October 2024, was chosen to avoid periods of peak traffic and France in particular had requested to avoid it being launched until after the Paris Olympics this summer.

When asked to confirm the October start date this week a spokesperson for the EU’s Commission told The Local that the “roadmap” for the EES IT system foresees it will be ready for Autumn 2024. But the actual start date, in other words, the day when passengers will have to register, would be confirmed nearer the time.

The spokesperson said: “The exact date will be determined by the European Commission and announced on the EES official website well in time for the start of operations.”

READ ALSO: Your key questions answered about Europe’s new EES passport checks

But the reasons are adding up to suggest an October start date is optimistic, perhaps even unlikely.

In the annual report on the ‘State of Schengen’ published last week, the European Commission spelt out that severe challenges remain if member states are to be ready on time.

“In 2023, efforts to ensure the entry into operation of the Entry-Exit System in the autumn of 2024 were accelerated… While important progress has been made across the Schengen area, some Member States are still falling behind, notably regarding the effective equipment of border crossing points. The Commission calls on all Member States to urgently accelerate preparations to ensure the timely implementation of the system…”

A map in the report shows that preparation is still “in progress” in 13 Schengen area countries, including Germany, Norway and Switzerland. “Outstanding issues” still impact Portugal, Malta and Bulgaria.

The state of play for the preparations for EES across EU and Schengen states. Image: European Commission.

There are also reports that EU heavyweight Germany is trying to persuade Brussels to delay.

Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP claimed on his website that “the German government is lobbying in Brussels to postpone the date once again, as otherwise the German tests of the EES cannot be completed in full. Other EU countries are also behind schedule, with only eight of them having reported successful integration.”

Even on a French government website it talks of EES being rolled out some time “between the end of 2024 and 2025” rather than stating October 2024.

And according to recent media reports, French airports have been advised to be ready for November 6th, rather than October. 

READ ALSO: EES and Etias – what are the big upcoming travel changes in Europe?

A planned EU app, believed to be essential to the smooth operation of EES because it would allow non-EU visitors to register in advance of travel will not be ready, Gwendoline Cazenave, Managing Director of Eurostar International, the company operating train services via the Channel Tunnel, has told the BBC. The EU however insists the app does not need to be up and running before EES is introduced.

In the UK, which will be heavily impacted by EES due to the fact it is no longer in the EU and so British travellers are no longer EU citizens, the House of Commons European scrutiny committee is conducting an inquiry on the potential disruption the introduction of the EES will cause at the border.

Several respondents have recently raised the alarm about the possible delays the system could cause, especially at the UK-France border, which is used by millions of passengers each year who head to France and other countries across Europe.

Ashford Borough Council in Kent has warned of the possibility of more than 14 hours queues to reach the Port of Dover, which has already been struggling increased checked after Brexit.

The BBC reported that back in March, a P&O Ferries director said the IT system should be delayed again.

Airlines have also complained about the fact pre-travel EES requirements would make last minute bookings impossible.

The Union des Aéroports Français (UAF), which represents airports in France, has simply said more time is needed.

In other words, it would be little surprise if the roll out was delayed again beyond October 2024.

But the Commission spokesperson told The Local that “the timeline for the entry into operation of the EES took into account all the necessary activities to be performed by all relevant stakeholders to ensure a timely entry into operation. 

“The Commission is working very closely with eu-Lisa [the EU agency in charge of the IT system], the Member States and carriers to ensure that everything is ready for the timely and successful launch of the Entry Exit System.

“The roadmap for the delivery of the new IT architecture foresees that the Entry/Exit system will be ready to enter into operation in Autumn 2024.”

New digital border

The EES is a digital system to register travellers from non-EU countries when they cross a border in or out of the Schengen area, the travel-free area. It will be deployed in 29 countries across Europe including 25 EU states plus Norway, Switzerland, Iceland and Liechtenstein. Ireland and Cyprus are the only EU members who won’t apply the EES system.

It doesn’t apply to non-EU nationals who are legally resident in an EU/Schengen area country or those with dual nationality of an EU /Schengen county. The system was designed to increase security and to ensure that non-EU nationals visiting the Schengen area short-term do not stay more than 90 days in any 180-day period.

Instead of having the passport stamped, travellers will have to scan it at self-service kiosks before crossing the border. However, fingerprints and a photo will have to be registered in front of a guard at the first crossing and there are huge concerns the extra time needed could generate long queues in the UK, where there are juxtaposed border checks with the EU.

Preparations are ongoing throughout Europe and some countries have made good progress.

In France, Getlink, the operator of the Channel Tunnel, has recently reported that new EES infrastructure is finished at its French terminal of Coquelles, which will allow travellers to register their biometric data while travelling.

Eurostar is also installing 49 kiosks in stations for the registration of passengers. But the Union des Aéroports Français (UAF), which represents airports in France, said more time is needed.

Exempted

Meanwhile, the Polish government has urged UK citizens who are beneficiaries of the EU-UK Withdrawal Agreement to get a residence permit “in the context of EES/ETIAS”, even though there was not such an obligation to stay legally in Poland post-Brexit.

“Having such a document is beneficial as it will exempt from future Entry/Exit System (EES) registration when crossing external borders and from the need to obtain an ETIAS travel permit in relation to short-term travel to EU/Schengen countries,” the government page says.

This article as published in collaboration with Europe Street news.

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