Act Governing the Employment of Foreign Nationals (Ausländerbeschäftigungsgesetz, AuslBG)
Stipulates the requirements governing the employment of foreign nationals in Austria
An apostille is a short-form legalisation of documents currently used for international legal relations by approx. 100 countries, including Austria. The format of an apostille is standardised and must not be changed. If a country is a signatory to the Hague Convention Abolishing the Requirement for Legalisation for Foreign Public Documents it suffices to affix an apostille by the authority provided for in Article 6 of the Convention.
For a list of competent foreign authorities for countries having signed the Convention see: http://www.hcch.net/index_en.php?act=conventions.authorities&cid=41
Austrian representations and their competence
Generally a differentiation is made between
- Professional representations (for visa and residence questions only the embassies and general consulates are relevant), and
- Honorary consulates, honorary general consulates which are run on a voluntary basis by Austrians abroad or nationals of the host countries.
All professional representations accept applications under the Settlement and Residence Act, all professional representations competent to issue endorsements accept visa applications. Only selected honorary consulates are entitled to accept visa applications or applications under the Settlement and Residence Act and to transmit these to the competent professional representation for further processing/action. When planning to file an application with an honorary consulate, applicants are advised to contact that consulate or the competent professional representation in advance to enquire about the competencies. For details on Austrian representations see the website of the Federal Ministry of European and International Affairs.
Confirmation of guaranteed work
A commitment issued by the PES on application by the employer that a given person will receive an employment permit if and when a corresponding residence title is issued. Confirmation of guaranteed work
Supplement to the confirmation of guaranteed work form for the recruitment of additional foreign artists for the same activity
Country of origin
The state whose nationality an alien holds
Declaration of liability
With a declaration of liability, a person confirms to undertake certain duties vis-à-vis the applicant when a residence title is applied for. These duties include defraying the costs of accommodation and subsistence, and of the costs arising to public bodies for the applicant (e.g. for enforcing a decision to return, a ban on residence, expulsion etc.). The declaration of liability must be certified by an Austrian notary or an Austrian court and must be valid for a minimum of 5 years. Moreover, the declarant must prove his or her ability to defray these costs on providing the declaration. A sample declaration of liability is available for download on the website of the Federal Ministry of the Interior.
European Economic Area
A member of a contracting party to the Agreement on the European Economic Area (see List of States).
Electronic statement of commitment
If a visa applicant is unable to submit proof of sufficient own funds, a person, company or association having its main residence or seat in Austria may give a statement of commitment. In this statement, the host pledges to defray all costs which may arise to public bodies from the visa applicant‘s stay in Austria, even if he or she exceeds the period for which the invitation extends. http://www.bmi.gv.at/202/Fremdenpolizei_und_Grenzkontrolle/Einreise/start.aspx
If a visa is applied for at an embassy representing Austria, a paper-based statement of commitment may be required. Applicants are advised to contact the representation in advance. Sample for download
An employment permit is a permit issued by the PES on application of the employer which allows a certain person to work for a given time period at a defined institution.
Employment permit form
Endorsement/Competence to issue endorsements
An endorsement is an official confirmation inserted in a passport allowing entry, transit or stay in a foreign country. Visa applications may only be filed with Austrian representations which have the power to issue endorsements. The website of the Federal Ministry for Europe, Integration and Foreign Affairs informs about Austrian representations and whether they have competence to issue endorsements or not.
Entering Austrian federal territory and/or the Schengen or EU area.
EU Blue Card
A new residence title introduced on 1 July 2011 for highly-qualified university graduates from third countries.
Leaving Austrian federal territory and/or the Schengen or EU area.
Family members (relevant for procedures under the Settlement and Residence Act)
Spouse or registered partner, provided they have completed 21 years of age at the time the application is submitted, as well as unmarried children up to the age of 18, including adopted and step children.
See notification of employment
Notification of employment
Since 1 July 2011, employers of foreign nationals are under an obligation to report the start and end of an employment within 3 days to the competent regional PES office.
Notification of employment form
Federal, provincial, district, municipal administrations, other public-law bodies and social insurance institutions
Public Employment Service (PES)
Responsible for issuing labour market documents (e.g. employment permit). More information on the AMS website.
Residence title for persons with high-level qualifications, skilled workers in professions with a shortage of staff, other key staff, start-up founders and graduates of Austrian universities/universities of applied sciences. Assessment by the PES is based on a points system. More information on the migration plattform of the Austrian federal government.
Serves to document the right of stay of EEA and Swiss citizens under European Union law
A residence title which entitles a person who is not a national of an EEA country or of Switzerland (i.e. third-country national), to stay temporarily (no intention of settlement) in Austria for a period of more than 6 months. Depending on the purpose of stay, different residence permits are issued e.g. residence permit – student.
Entitles a person who is not a national of an EEA state or Switzerland (i.e. third-country nationals) to stay in Austria for more than 6 months. For stays of up to 6 months within one year, a visa must be applied for.
The states covered by the 1995 Schengen Agreement which enforce joint asylum and immigration policies (see List of States).
The actual or future intended stay in the federal territory for the purpose of
- taking up residence for more than 6 months a year,
- setting up the centre of one’s life, or
- taking up gainful activity that is not just temporary.
Lawful stay of an alien based on a residence permit does not qualify as settlement.
Settlement and Residence Act (Niederlassungs- und Aufenthaltsgesetz, NAG)
Governs the issue, denial and revocation of residence titles to aliens staying or wanting to stay for a period of more than 6 months in Austria, as well as the documentation of the right of stay under European Union law. Stays for up to 6 months are governed by the Aliens Police Act.
An alien who is not an EEA or Swiss citizen (see List of States).
A passport, passport replacement or other document acknowledged by way of federal act, ordinance, or on the basis of inter-governmental agreements, for travel (the website of the Federal Ministry for Europe, Integration and Foreign Affairs informs about which travel documents are accepted for which nationals).
Generally an entry title issued by an Austrian representation allowing holders to stay in Austria for a period of up to 6 months.
Visa A (air transit visa)
Entitles third country nationals who require a transit visa to stay in the international transit zone of an airport during a stopover. However, an air transit visa is not an entitlement to enter the territory of the state concerned.
Visa C (travel visa)
Entitles holders to enter the Schengen area and stay for a maximum period of 3 months within a period of 6 months, starting with the first date of entry in a Schengen state.
Visa application form (German)
Visa application form (English/French/Spanish)
Visa D (long-stay visa)
Is a national Austrian visa which may be granted for a stay in Austria of between 91 days to a maximum of 6 months. A visa D issued by Austria or another Schengen state entitles the holder to move freely for up to 3 months within a total period of 6 months without the intention to take up gainful employment in the territory of the other Member States, based on this visa and a valid travel document, provided that general requirements for entry are met and the person is not on the alert list of the Member State concerned.
Visa-waived entry/Visa-waived stay
Third country nationals of certain states do not require a visa for entering Austria and may stay in the federal territory for up to 3 months (e.g. nationals of Brazil, Canada, the United States).