Brexit – What are the current provisions in Austrian residence and employment law?

Immigration and residence

Residence before 01.01 2021 in Austria

Since 01.01. 2021, UK-Citizens may continue to have unrestricted access to the Austrian labour market, if they exercised their right of residence in Austria before 31 December 2020 and continue to live in Austria beyond that point. However, UK-Citizens residing in Austria must apply for an "Article 50 TEU" residence title by 31.12.2021, in order to ensure their right of residence and the associated unrestricted labour market access beyond 31.12.2021.

The same applies to UK-Citizens that are just living in Austria. They may continue to reside in Austria, as long as there is no drawing of social welfare benefits for themselves and their family members. There is also a need for a comprehensive health insurance.

An issued residence permit is valid for 5 years. In case a permanent right of residence is already acquired, the residence title is valid for 10 years.

Residence after 01.01 2021 in Austria

Since 01.01.2021, every UK-Citizen that intends to live in Austria for more than 3 months at a time, must apply for a valid residence permit.

For UK-Citizens, who have not worked in Austria before 31.12.2020 are subject to the same regulations as other newly arriving third-country nationals. They can then be admitted under certain conditions, for example by means of a Red-White-Red Card (“Rot-Weiß-Rot Karte)” as highly qualified key workers, qualified skilled workers in shortage occupations, start-up founders or by means of seasonal worker employment permits in the context of special quotas.

Business trips

In general, as a citizen coming from the UK, there is no necessity of applying for a Visa when traveling to Austria. A UK-National may stay in Austria for up to 90 days in any 180-day period.

This rule applies to both short-term business trips and longer-term posting of workers.


If a UK-Citizen is to be temporarily employed in Austria by the employer within the group of companies, a residence permit may be obtained. The residence permit entitles to stay and to work. The requirements include an employment in the company of at least nine months, the submission of an employment contract proving the necessity of the temporary transfer and proof that the company is engaged in a genuine business activity.