Which deadlines must be observed when applying for a residence title?
First-time application is not tied to any deadlines. As a general rule, the authorities must decide on applications without undue delay by way of official notice (“Bescheid”), however no later than 6 months after receipt of the application.
Applications for an extension must be filed with the competent authority in Austria before the validity of the residence title expires, however, no earlier than 3 month before expiry.
After having filed an application for extension, the applicant is allowed to stay on lawfully in Austria until the application has been finally decided on. On request, a confirmation thereon may be inserted in the applicant’s travel document. This confirmation is valid for a maximum period of 3 months and allows entry to Austria without a visa.
Renewed applications after the validity of a residence title has expired will generally be treated as first-time applications.
Extension applications filed after the validity of a residence title has expired will be considered as renewed applications only then if the applicant can prove on application that an unforeseen or unavoidable event prevented him or her to file an application for extension in good time and he or she is not, or only at a minor degree, at fault. In such a case, the application must be filed within 2 weeks after the impediment/event has ceased to exist.