What is the procedure?
Exceptions aside, the following applies for first-time applications:
- The application for a residence permit must be filed personally before entering Austria with the Austrian representation which is competent for the applicant’s place of residence, and the application fee must be paid.
- With planned employed activity, the application may also be filed by the employer.
- The Austrian representation checks whether it has competence to handle the application and whether it is complete. The application will then be forwarded to the competent settlement authority in Austria.
- The competent settlement authority in Austria checks whether all requirements for the issue of a residence permit are met
- With planned employed activity:
- The Public Employment Service consults with the settlement authority to check whether the requirements are met (pursuant to sec 14 Act on the Employment of Foreign Nationals, AuslBG).
- If the requirements for granting a permit under the AuslBG are not met, the settlement authority will send the negative notice from the PES to the applicant. The case is closed, a residence title is not granted.
- If the application is granted, the settlement authority contacts the Austrian representation abroad, informing it that a residence title can be issued.
The Austrian representation abroad informs the applicant, normally in writing, on the decision and that an entry visa must be applied for, as appropriate. From that date onward, the deadline for applying for an entry visa (within 3 months after notice) and for collecting the residence title in Austria (within 6 months after notice) commences, as appropriate.
If the official letter is deposited at the post office, it should be collected as soon as possible since the deadline starts on the day the document was first available for collection.
- If requiring a visa (see Which types of Visa exist for artists?), the applicant must in addition apply for a visa within 3 months after being notified by the representation.
- Once in a possession of a valid visa, the applicant may enter Austria, or without a visa (see Which types of Visa exist for artists?), if visa-exempted, and personally collect the residence permit within 6 months after notice at the competent authority in Austria. Competence depends on the place or intended place of residence in Austria (see Where should a residence title be collected?).