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Should Brits in Austria get the Article 50 card if they have EU citizenship?

For British passport-holders in Austria, the Article 50 Card secures post-Brexit rights. If you already have EU citizenship, you do not need the Article 50 card but in some cases it is still worth applying.

Published: 18 November 2021 10:21 CET
Updated: 18 November 2021 12:47 CET
Should Brits in Austria get the Article 50 card if they have EU citizenship?
British nationals with EU citizenship don't need the Article 50 card, but may want to apply anyway. Photo: Christian Lue/Unsplash

The Article 50 card is available to British citizens who were legally resident in Austria before December 31st, 2021.

Some Brits may have EU citizenship, either in Austria or another country in the bloc. 

What do you get with EU citizenship?

The main advantage of EU citizenship is freedom of movement throughout the bloc, something that is not possible with the Article 50 Card.

For example, if you or your partner got a job offer in another EU country or wanted to move for other reasons, you can move under EU freedom of movement rather than needing to go through the process for third country nationals which is now necessary for Brits, including those with the Article 50 card.

EU citizenship is also permanent — you keep it unless you decide to actively renounce it, unlike the rights granted with the Article 50 card which you lose if you are away from Austria for a certain number of years. 

And EU citizenship gives you the right to vote in EU and local elections (as well as Austrian elections, if you have Austrian citizenship).

READ MORE: What Brits in Austria should know as Article 50 deadline looms

Becki Enright, a freelance journalist and travel writer from Berkshire in the UK, has been living in Vienna for five years and recently became an Irish citizen through ancestry. She has changed her residency status in Austria to an Irish passport holder instead of applying for an Article 50 Card.

Becki told The Local: “I didn’t want to go through the process of applying for the Article 50 Card, even though you can leave the country for a greater length of time with the ten-year card.”

British-EU citizens who do not want to get the Article 50 card will need to change the nationality they are registered with Austrian authorities under. If you originally registered as a British citizen, you will need to contact your local Magistrat or MA 35 in Vienna to change your documentation to show your EU nationality. 

Becki said this was “not a pleasant experience” due to having to show extensive proof of income and savings.

What do you get with the Article 50 Card?

As part of the Brexit Withdrawal Agreement, British people that were living in Austria before the end of the transition period on 31st December 2020 can apply for the Article 50 Card to retain their residency rights. 

In most cases, the application process is quick and simple, although some people in Vienna are experiencing long delays, as reported by The Local.

There are also two types of Article 50 Card – a five-year and a ten-year card.

People that have lived in Austria for less than five years are granted a five-year card, but those that have been in the country for more than five years are given the ten-year card. If you are granted the five-year card initially, you can upgrade to the ten-year card once you have lived in Austria for five continuous years. 

READ MORE: Reader question: Can I exchange my UK drivers licence in Austria now that the deadline has passed?

A big difference between the two is the length of time that a card holder can leave Austria without losing residency.

With the five-year card, a resident can leave Austria for up to six months each year without jeopardising their status. However, the ten-year allows people to leave the country for up to five years and retain permanent residency.

For example, EU citizens that live in Austria are only allowed two years of absence from the country under current freedom of movement rules. It would be relatively simple to return as an EU citizen due to freedom of movement, but you would need to meet the requirements of either studying, working, or having sufficient income to support yourself in order to move back to live long-term.

Useful links

British in Austria

City of Vienna – Immigration and Citizenship (MA 35)

Austrian Federal Government

Member comments

  1. “ EU citizenship is also permanent.” I question this. I was an EU citizen until Brexit, even winning the Nobel Peace prize in 2012, among with 550 million others. Then this citizenship was stripped from me, without even providing me with a vote. (I am a British citizen, but not entitled to vote in the UK, or anywhere now).

    If, for example, Austria leaves the EU, citizenship may not turn out to be permanent.

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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?

Published: 26 April 2024 11:50 CEST
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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