All UK citizens legally resident in Austria prior to the end of the transition periodTransition Period The transition period (also referred to as the implementation period) is the period following the UK's departure from the European Union (on 31.01.2020) until the end of 2020. An option to extend this period has not been taken up by the UK government. (i.e. 31.12.2020) need to apply for their Article 50 card (Art 50 EUVAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. Karte) by the end of 2021 irrespective of how long they have been resident in Austria and what previous residence title they held. Failure to do so will mean the loss of the special status falling within the scope of the Withdrawal AgreementWithdrawal Agreement The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the EU and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020. If you are resident in Austria at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Austria. Any rights that are not covered by the Withdrawal Agreement will be the subject of future negotiations. https://www.gov.uk/government/publications/new-withdrawal-agreement-and-political-declaration .
What’s to lose by not applying?
- Access to the employment market comparable to that of a citizen of an EU Member State. Without an Article 50 card, you will not be able to enjoy employment rights in Austria that are comparable to those enjoyed by the citizens of EU Member States.
- The ability to reside permanently all year round in Austria. Your time spent in Austria will be counted against the allowance of 90 days in a 180 day period within the Schengen areaSchengen Area The Schengen Area is European border control-free travel area, consisting of all EU Member States except for Bulgaria, Croatia, Cyprus, Ireland and Romania, as well as Iceland, Norway, Switzerland and Liechtenstein. without a card, with fines for overstaying that might also hinder future applications for residency. With an Article 50 card issued by the Austrian authorities, time spent in Austria will not count towards the 90 days in 180 day limit.
- The ability to spend an extended period away from Austria without interrupting legal residence. If you qualify for the 10 year Article 50 card, you have a permanent right of residence (although you will still have to renew the card every 10 years) but you will be able to spend upto a 5 year period outside of Austria without interrupting your legal residence – this is more generous than the allowance when holding the Bescheinigung des DaueraufenthaltsBescheinigung des Daueraufenthalts für EWR Bürger This is the document you can apply for after 5 years' continuous and legal residency in Austria. It confirms that you have the right to permanent residency under EU rules as an EU citizen. It requires you to provide proof of residency, employment or sufficient financial resources, and all-risks medical and health insurance cover. Holders of this document are guaranteed the Article 50 EUV card via a quick and easy process in 2021. Note: British Citizens could only apply for the Bescheinigung des Daueraufenthalts until the end of the transition period (31.12.2020) under Austrian residency law.
- The right to buy property in Austria may become unduly complicated. Different laws apply depending on the province (Bundesland) in which you are resident in. Some provinces have guaranteed equal rights for Article 50 EUV cardAufenthaltstitel "Artikel 50 EUV" The Aufenthaltstitel "Art 50 EUV" is a residency title to be issued to British citizens from the end of the transition period. Its name is derived from Article 50 of the Treaty on European Union. The "Titel" refers to the document or card itself, and not the right, or permission that it confirms. holders, while in others there are some restrictions, although purchasing property with an Article 50 EUV card is still more simple than in trying to buy as a 3rd country national3rd country nationals Third country nationals are citizens of non-EU/EEA countries. Residency and naturalisation procedures for third country nationals are more complicated than for citizens of EU Member States or EEA signatory states. in some provinces. In some provinces there are already restrictions depending on whether or not you intend the property to be your main residence. Note: property ownership does not automatically confer permanent residence rights.
- S1 access to healthcare entitlement may be affected if you are not properly registered as a resident in Austria. In particular this might be the case of UK citizens resident in Austria receiving a state pension.
- Professional qualifications from the UK may cease to be recognised in the EU, which will affect your ability to be able to work in certain regulated professions, if you don’t apply for your Article 50 EUV card, as you will no longer be classed as being in the scope of the Withdrawal Agreement.
- The uprating of your UK pension may be affected. If you are not within the scope of the Withdrawal Agreement, this may affect the increasing of your UK pension.
All UK citizens who were legally resident in Austria prior to the end of the transition period (i.e. 31.12.2020) need to apply for their Article 50 card (Art 50 EUV Karte) by the end of 2021 irrespective of how long you have been resident in Austria and what previous residence title you held. Failure to do so will see you lose the special status that you enjoy from falling within the scope of the Withdrawal Agreement.
Further information
- European Commission – Questions and Answers – the rights of UK nationals under the Withdrawal Agreement
- GOV.UK – Benefits and pensions for UK nationals in the EU, EEA or Switzerland
- GOV.UK – Healthcare for UK nationals living in Austria
- GOV.UK – Living in Austria Guide
- GOV.UK – The Withdrawal Agreement: what UK nationals need to know about citizens’ rights
- GOV.UK – Withdrawal Agreement explainer for part 2: citizens’ rights