Entry, residence, settlement, employment papers
Foreign nationals who want to work in Austria need a work permit (foreign nationals who are not new EU citizens also need a settlement permit).
This also applies to citizens of the new EU member states (new EU citizens): Bulgaria, Estonia, Latvia, Lithuania, Poland, Rumania, Slovakia, Slovenia, the Czech Republic and Hungary. Citizens of Malta and the Republic of Cyprus are no longer covered by the Foreign Labour Act (AuslBG) since 1st May 2004. Citizens of third countries also need a residence/settlement permit. Travel or limited stay visas for tourists or for visiting relatives do not entitle the visitors to take up work. Third country citizens who are caught in illegal employment have to expect immediate deportation and a residence ban lasting up to ten years.
The prerequisite for taking up legal employment in Austria is a valid residence or settlement permit (not necessary for new EU citizens because they have the right to reside in Austria). Both require a work permit: this can be a pre-employment permit followed by an employment permit, an employment permit alone or a licence as a key staff member. The employer has to apply for the pre-employment and employment permit and - jointly with the foreign employee - for the licence as a key staff member.
Settlement permits are issued in accordance with the annually stipulated contingent, i.e. in the framework of the currently valid federal settlement decree. Foreign nationals who are entitled to enter Austria without a visa can apply for residency on presenting their work permit to the residency or police authorities in Austria, if:
- they have a key staff member licence
- they are citizens of the USA
- Citizens of other countries or those who do not have a key staff member licence have to apply for their settlement or residence permit in the Austrian consulate in their home country.