3.1 When UK citizens become third-country nationals will they need permission to work?
Yes. In Austria, foreign employees may only be employed if the employer has obtained a work permit (‘Beschäftigungsbewilligung’), a sending permit (‘Entsendebewilligung’), a notification certificate (‘Anzeigebestätigung’) for the employee, or if the employee is in possession of a work authorisation (‘Arbeitserlaubnis’).
An exception exists in the following cases:
- family members of an EU national or a non-EU national who has an authorisation to work in Austria (subject to concrete conditions);
- managers with special qualifications;
- lecturers in international educational institutions (concerning scientific, educational, cultural or social matters);
- media correspondents.
Depending on the circumstances of the case, the employee may (also) need to apply for a residence permit.
For Britons who already lived in Austria before Brexit, see question 1 above.
3.2 If permission to work is needed do any quotas apply for employing third-country nationals?
Application for a permit by a domestic employer (work permit):
No, there are no general contingency rules or quotas (there is an exception for seasonal workers such as harvest workers). However, there is another kind of limit on the issuance of work permits: basically, a work permit will only be issued if no domestic or EU citizen or foreign national already in possession of a work permit can be found for the job. Permission has to be granted if the present and presumed future situation of the labour market allows the employment of a foreign national.
Application for a permit by a foreign employee (work authorisation):
There is no quota. If the requirements are fulfilled, work authorisation will be granted to the foreign employee.
3.3 If permission to work is needed, as of when will it be needed?
- from the date of Brexit in the event of a no-deal Brexit;
- from 1 January 2021 (for new arrivals) if the Withdrawal Agreement is ratified before 31 January 2020.
3.4 If permission to work is needed, what are the most common categories?
The most common categories are:
Work permit: grant depends on the current status and the development of the labour market. It is crucial that no domestic or EU citizen or foreign national already in possession of a work permit can be found for the job. A more precise answer to this question cannot be given without additional information on the concrete candidate.
Work authorisation: If a foreign national plans to stay in Austria for longer than six months and wants to start working here, he or she can apply for a work authorisation provided that he or she has special skills and knowledge. These can include, for example:
- specially highly qualified applicants (Master’s degree – especially in mathematics, computer sciences, natural sciences or technology, with annual remuneration of at least EUR 41,739 gross)
- employees for understaffed professions – see the specific regulations on understaffed professions (‘Fachkräfteverordnung’), other key employees with at least a Bachelor’s degree, vocational education or other specific knowledge.
3.5 If permission to work or stay is needed, how long does the procedure take?
Work permit: The employer has to apply for a work permit at the competent Austrian Public Employment Service (‘AMS’). The processing or rejection of the application takes up to six weeks. Depending on the circumstances of the case, the employee may also need to apply for a residence permit.
Work authorisation: The foreign national has to apply for a Red-White-Red Card (including a work authorisation and a residence permit) with the competent Austrian representation (embassy or consulate) in his or her home country or country of residence. The application process usually takes approximately eight weeks.
3.6 If permission to work and stay is needed, what Government fees would be due for such a permission?
Work permit (without residence permit):
- Application: about EUR 14,30 (depending on the concrete circumstances),
- Grant: about EUR 6,50 (depending on the concrete circumstances),
- Enclosure fees (a charge for supporting documents submitted with the application): EUR 3,90 per sheet.
Work authorisation (Red-White-Red Card):
- Application: EUR 120
- Grant: EUR 20
- Costs of personalisation (fingerprints, scan of photograph and signature): EUR 20