Austria introduced new rules for several combined residence and work permits on August 7th — but not much of it has made the headlines, even though some of the changes are relevant for residence permit holders.
Two updates are especially relevant for people whose right to work in Austria is linked to a specific employer: a new six-month job-search period and the possibility of starting work for a new employer before the new permit is issued.
The changes also make Austria's previous rules on losing a job while holding a Red-White-Red Card partly outdated.
What happens if you lose your job on a Red-White-Red Card?
If you lose the job on which your employer-linked residence permit is based, you need to report the end of your employment to the competent residence authority without unnecessary delay.
But under Austria's amended residence law, that notification no longer allows the authority to withdraw the permit straight away. If the employment has been reported as required, the authority must generally refrain from withdrawing the permit for six months from the start of unemployment.
The provision expressly covers holders of a Rot-Weiß-Rot – Karte, or Red-White-Red Card, as well as EU Blue Cards, the Niederlassungsbewilligung – Künstler for employed artists, the Aufenthaltsbewilligung Grenzgänger for certain cross-border workers, and Aufenthaltsbewilligung Familiengemeinschaft permits which include access to employment.
The clock starts from the beginning of unemployment as defined under Austria's unemployment insurance law. Workers who can show that their former employer subjected them to particularly exploitative working conditions receive an additional three months to look for another job.
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Does that mean your permit automatically lasts another six months?
No.
The six-month rule stops unemployment from immediately setting off the process that can lead to the withdrawal of your permit. It doesn't extend the expiry date printed on your residence card.
This can become important if, for example, you lose your job when there are only two months remaining on your current permit.
The government says that Austria's existing renewal rules continue to apply. If a residence permit expires while a properly filed extension procedure is under way, the applicant can generally continue to reside legally in Austria until the authorities decide the application.
A change-of-purpose application submitted before the existing permit expires can also count as an extension application in this context.
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What about unemployment benefit?
Receiving Arbeitslosengeld, or unemployment benefit, is different from claiming Austrian social assistance.
The Interior Ministry states that unemployment insurance payments are generally treated as income because they are insurance benefits and not social assistance.
READ ALSO: Are foreigners in Austria entitled to receive long-term unemployment benefits?
Can you change employer without waiting for the new card?
Previously, someone with an employer-specific Red-White-Red Card generally had to have the new permit approved before beginning work for the new company.
Under the new rules, holders of eligible employer-linked permits can now provisionally start the employment they have applied for once 45 days have passed since the application was submitted, if the authorities haven't decided the case by then.
You need to first submit the appropriate application for another residence title with labour-market access.
The new job and employer have to be specified, and the AMS still examines whether the requirements for the relevant permit and position are met.
READ ALSO: What are the common reasons why a residence permit is denied in Austria?
EU Blue Card holders have different rules
EU Blue Card holders shouldn't use the 45-day rule when calculating when they can switch jobs.
They already have a separate (more favourable) procedure.
According to the government's EU Blue Card guidance, someone who has been employed in Austria on an EU Blue Card for less than 12 months can provisionally begin the new job 30 days after applying for the new EU Blue Card.
After at least 12 months of employment on an Austrian EU Blue Card, the worker can provisionally begin the new job immediately after filing the application. The AMS labour-market test is also dropped in these cases.
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New 90-day deadline
Another part of the reform introduces a general maximum decision period of 90 days for many residence-title applications.
In exceptionally complex cases, authorities can extend this by another 30 days, provided the applicant is informed before the original deadline expires.
However, when another part of the law already specifies a shorter deadline, that remains in place. So, Red-White-Red Cards and EU Blue Cards are still among permits where an eight-week decision period continues to apply.
READ ALSO: Vienna’s MA35 scraps district rules for residence permit appointments
What should you do if you lose your job now?
The new six-month rule gives many employer-linked permit holders more time to find another job than under the previous system, but there are still steps to take as soon as the employment ends.
Report the end of your employment to the competent residence authority without unnecessary delay, check the expiry date of your residence card and start looking at the procedure for a new employer as early as possible. Depending on your circumstances, you may also need to deal with the AMS over unemployment registration or benefits.
If you find another job, make sure the correct application has been submitted before relying on the 45-day provisional employment rule.
In Vienna, the residence authority for most NAG permits is MA 35. Elsewhere in Austria it is generally the relevant district authority (Bezirkshauptmannschaft) or municipal authority (Magistrat).
Because the exact procedure depends on the residence title and type of employment, workers with unusual permits or cases involving an impending expiry date should get individual advice before starting work for a new employer.
READ ALSO: Four steps to take immediately after losing your job in Austria
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