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Author: Dr. Alexander Raidl

Dr. Alexander Raidl, BA ist Rechtsanwalt in Wien mit Schwerpunkten im österreichischen Einwanderungsrecht, Aufenthaltsrecht, Staatsbürgerschaftsrecht und Arbeitsrecht. Er berät und vertritt Privatpersonen sowie Unternehmen in rechtlichen Angelegenheiten, insbesondere bei aufenthaltsrechtlichen Verfahren, Einbürgerungen und arbeitsrechtlichen Fragestellungen. Neben seiner anwaltlichen Tätigkeit ist er als Vortragender am WIFI Wien tätig und vermittelt dort juristisches Fachwissen im Bereich Arbeitsrecht.
Türe Rot-Weiß-Rot

Red-White-Red Card and Job Loss – Legislative Changes

Following the last major changes in 2022, a number of new regulations relating to the Red-White-Red Card have been in force since August 2026. Previously, holders of a Red-White-Red Card who lost their jobs had to wait for a new Red-White-Red Card to be issued before they could take up employment with a new employer. With the legislative amendment that came into force in August 2026, there is now finally a statutory deadline within which a decision on the application to change the purpose of the card must be made. Otherwise, the employee may take up the new employment even without a new Red-White-Red Card. In addition, if you lose your job, there is now a fixed six-month period in which to look for work

Procedure for changing the purpose of a Red-White-Red Card

Red-White-Red Cards are valid only for employment with a specific employer, who must be explicitly named in the application and is also listed on the residence permit. Until now, upon termination of employment, the immigration authorities were obliged to immediately initiate proceedings to revoke the Red-White-Red Card. However, the authorities’ practice in this regard was usually very lenient, granting applicants up to six months to find a new job and apply for a new Red-White-Red Card.

Six months to look for a job after losing one

This administrative practice has now finally been enshrined in law, clearly stipulating that Red-White-Red Card holders who become unemployed and report this to the immigration authorities without undue delay have six months to find a new job and apply for a new Red-White-Red Card before revocation proceedings may be initiated.

Commencement of new employment even without a new Red-White-Red Card

If a Red-White-Red Card holder finds a new employer following the termination of their previous employment or job loss, they are no longer required to wait until a new Red-White-Red Card has been issued before commencing employment. If the Immigration Authority does not issue the new Red-White-Red Card within 45 days of the applicant notifying the Immigration Authority of their planned employment with a new employer, employment may provisionally commence even without a new Red-White-Red Card.

Familienausflug

Legal changes regarding family reunification

In August 2026, the legal provisions governing family reunification for persons granted international protection in Austria (those entitled to asylum or subsidiary protection) underwent fundamental changes. An overview of the most important changes:

Red-White-Red Card Plus for family members

Family members of persons who have been granted asylum or subsidiary protection in Austria (which must have been in force in Austria for at least two years) can now obtain a Red-White-Red Card Plus. This grants a right of residence, including unrestricted access to the Austrian labour market.

Family members are defined as spouses and registered partners (the marriage must have existed before the sponsor’s entry into Austria and the spouses must be at least 21 years old), parents of unaccompanied minors, and minor, unmarried children.

Quota requirement for family reunification

A new development is that the granting of a residence permit to family members is subject to a quota. This quota is set by the Federal Government for each calendar year. It stipulates the maximum number of residence permits that may be granted in that year. The level of the quota for 2026 has not yet been determined.

What requirements must be met?

The general requirements for the granting of residence permits must also be met for the ‘Rot-Weiß-Rot-Karte Plus’ for family members of persons enjoying international protection in Austria. These are:

  • Proof of sufficient means of support or sufficient financial resources
  • comprehensive health insurance cover in Austria
  • proof of accommodation in line with local standards
  • no threat to public order or security

If the application for family reunification is submitted within 3 months of refugee status being granted, these requirements are not checked.

Are there any exceptions to the quota requirement for family reunification?

Yes, but a separate application must be submitted, citing the right to private and family life. The competent authority must then assess separately whether compliance with the quota requirement would infringe this right. Only if this is the case can the Red-White-Red Card Plus be issued to family members without being subject to the quota.

Türe Rot-Weiß-Rot

Red-White-Red Card through investment

Can I obtain a Red-White-Red Card through investment in Austria? If so, what requirements do I need to meet?

Red-White-Red Card for self-employed key workers

Individuals from third countries who wish to work as self-employed entrepreneurs in Austria have the option of obtaining a Red-White-Red Card as a key self-employed professional. To qualify, the self-employed activity must generate a macroeconomic benefit that goes beyond the operational benefit. Put simply, the business must generate added value that exceeds the entrepreneur’s pure profit.

What counts as a macroeconomic benefit, and how large does the investment need to be?

  • The proposed business activity involves the transfer of investment capital amounting to at least €100,000.00, or
  • the proposed business activity creates new jobs or safeguards existing ones, or
  • the establishment involves the transfer of know-how and the introduction of new technologies, or
  • the company is of significance to an entire region.

What does this mean?

Unlike the other Red-White-Red Cards, there is no points-based system for self-employed key personnel. The assessment of whether one or more of the necessary requirements are met is carried out by the locally responsible Public Employment Service (AMS). This draws up an expert report on the matter. As some of the terms mentioned above are open to interpretation, the Public Employment Service (AMS) plays a very important role in this process. For example, ‘investment capital’ means that the investment must have been contributed into the company and, ideally, already spent before the application for the residence permit is submitted. When it comes to creating new jobs, for instance, more than five jobs must be created for the application to have a chance of success. However, none of this is directly stipulated by law. The decision usually lies with the Public Employment Service.

What is the best way to prepare for an application for a Red-White-Red Card as a self-employed key worker?

To ensure that the application for a Red-White-Red Card through investment as a self-employed key worker has a chance of success, thorough preparation is essential. In addition to the standard application documents (such as a passport, passport photo and proof of health insurance in Austria), detailed evidence must also be submitted to demonstrate the overall economic benefit of the planned business. These include a detailed business plan, evidence of the transfer of investment capital (bank statements, invoices, contracts, etc.), company documents (extract from the commercial register, articles of association, trade licence) and proof that the applicant has significant influence over the management of the company (as a majority shareholder or with a blocking minority).

Where do I submit the application?

The competent authority is the immigration office of the provincial government department in the province where the applicant is resident. In Vienna, this is the Business Immigration Office of MA 35. Individuals who do not have a place of residence in Austria or who cannot enter Austria visa-free must submit their application for a Red-White-Red Card as a self-employed key worker, through investment, to the Austrian embassy responsible for their place of residence. Further information on this can be found at the Austrian Ministry of Foreign Affairs.

Geld

What income do I need to qualify for Austrian citizenship?

Is your income sufficient to qualify for Austrian citizenship?

Austrian citizenship may only be granted to persons who can cover their living expenses in Austria with an adequate income without claiming social welfare benefits and who have sufficient means to do so.

Calculation period for income

The cut-off date for calculating income is always the date on which the application for Austrian citizenship is submitted to the competent authority. Applicants can choose whether the last 3 years prior to the application should be used for the income calculation, or the best 36 months in the last 6 years (the last 6 months prior to the application are always included, this cannot be chosen). During these periods, neither the applicants nor persons living in the same household may have received social assistance (minimum income, basic benefits).

Income thresholds for 2026

In 2026, the monthly threshold is €1,308.39 for single persons and €2,064.12 for couples (where one spouse’s income is added to the other’s). An additional €201.88 is added for each dependent child. This amount must have been available on average each month during the calculation period after fixed costs (such as rent, loan instalments, leasing instalments, alimony, operating costs for condominiums, etc.) have been deducted. To make things easier, a free allowance of £386.43 (value for 2026) can be deducted from the fixed costs.

The calculation of sufficient means of subsistence is carried out very strictly by the citizenship authorities, and even slight shortfalls below the required minimum amount will result in applications being rejected.

How can income changes influence citizenship?

So if you are considering applying for Austrian citizenship, plan ahead and calculate whether and when you will be able to meet the required income thresholds. Changes in your living circumstances, such as marriage, buying a home, taking out a loan or having children, can have a huge impact on this.

Do not hesitate to book an appointment for an initial consultation to clarify whether your income is sufficient to qualify for Austrian citizenship.

Austrian citizenship and military service

People who a holding a second citizenship apart from an Austrian, primarily men, often ask themselves what the consequences might be if they complete their military service in another country. This question will be answered here.

All male Austrian citizens between the ages of 17 and 50 are liable for military service in Austria. As part of this compulsory service, conscripts are required to complete 6 months of basic service by their 35th birthday. Alternatively, conscripts can also complete 9 months of civilian service.

If conscripts have another citizenship in addition to Austrian citizenship, they do not have to perform military or civilian service in Austria if they have already completed their service in another country and there is an intergovernmental agreement between that country and Austria on exemption from military service in Austria.

However, if an Austrian citizen voluntarily enters military service in a foreign country, their Austrian citizenship must be revoked for this reason. Compulsory recruitment or legally compulsory service (as in Austria) are not considered voluntary entry. However, if someone voluntarily extends their service beyond what is legally required, this also leads to the loss of Austrian citizenship. In such a case, revocation is mandatory, even if it results in the person concerned becoming stateless. In some countries, however, citizenship can also be acquired by completing voluntary service for a certain period of time, for example in the Foreign Legion in France.

In practice, this provision is particularly relevant for dual citizens. However, simply completing compulsory service in a country other than Austria does not lead to the loss of Austrian citizenship. This would only be the case if the person voluntarily commits to service beyond the minimum required by law. In this context, the specific legal provisions on compulsory military service in the other country must be taken into account.

Weggabelung

‘Permanent residence EU’ vs Austrian citizenship

For many people who have been living in Austria for a long time and are well integrated, the question arises as to whether it makes sense to apply for Austrian citizenship and/or a ‘permanent residence EU’ residence title. The answer to which option is better depends on numerous individual factors that cannot be answered in general terms. The overview provided here is intended to offer initial guidance in making a decision.

Permanent residence EUAustrian citizenship
Requirements-At least 5 years of continuous and lawful residence in Austria
-Module 2 of the integration agreement
–General requirements for residence titles (future prospects)
– At least 6 years or 10 years of legal and uninterrupted residence in Austria
– German language skills at B1 level (B2 for 6 years of residence)
– Sufficient secure livelihood in the last 3 years (based on past income)
Time limitPermanent, card renewal every 5 yearsPermanent, loss only possible through acquisition of another citizenship
Risk of lossIf you have been living outside the EEA for more than 12 months or have not lived in Austria for 6 years but within the EEAdoes not exist in principle if no incorrect information was provided during the rental process
EmploymentUnlimited possibilities – self-employed or employedUnlimited possibilities – self-employed or employed
Access to the social welfare system in Austria (e.g. social assistance)yesyes
Advantages– Family reunification possible
– Retention of current citizenship
– Family reunification possible
– Participation in democracy in Austria
Disadvantages– Possible loss of right of residence
– No or only limited participation in democracy in Austria
– Loss of previous citizenship
Civic duties (e.g. jury service)
Processing time at the authoritiesusually approx. 1 to 2 monthsusually 6 months or longer
Antrag Staatsbürgerschaft

Is it possible to buy Austrian citizenship?

Xi is a wealthy citizen of the People’s Republic of China and is looking for a way to obtain a second citizenship in a European country. During his research on the Internet, he finds information that Austrian citizenship can be obtained by investing at least €4 million in Austria. When he asks for more information and asks to which account he should transfer this amount and when he can pick up his Austrian passport, he has the sobering realisation that it is not that easy after all. So what is the truth behind the rumour that you can buy Austrian citizenship?

Exceptional achievements in the special interest of the Republic of Austria

The Austrian Citizenship Act provides for the possibility that, by decision of the Austrian Federal Government, citizenship can be granted to persons who have made extraordinary achievements in the special interest of the Republic of Austria or who can be expected to make such extraordinary achievements in the future. The advantage of acquiring Austrian citizenship on the basis of this provision is that it is not necessary to prove either a specific period of residence in Austria or a specific knowledge of German. In addition, unlike with the regular granting of citizenship, you can also retain your previous citizenship.

Such extraordinary achievements can be in the scientific, economic, sporting or artistic field. You can find more information here.

However, Austrian citizenship cannot be bought, like a product or service. However, it is possible to obtain Austrian citizenship as an investor if it can be proven that the applicant is the owner of a company or holds a management position in a company that has a high economic performance, creates jobs in Austria, attracts further investment in Austria and/or is also known abroad and strengthens Austria’s foreign trade relations.

Investment alone is not enough to buy Austrian citizenship

To summarise, this means that you cannot obtain Austrian citizenship simply because you invest a certain amount of money in Austria. You have to prove that your investments have significantly promoted Austria’s economic interests and that you have done more than just act as an investor.

Xi is therefore disappointed to realise that the information that he can obtain Austrian citizenship simply by investing at least € 4 million in Austria is false. Although a high investment increases the chances of obtaining Austrian citizenship on the basis of extraordinary achievements, it is not enough on its own. It is therefore not possible to buy Austrian citizenship, it can only be earned on the basis of outstanding achievements in the interests of the country.

Austrian Citizenship: How to Get It – Step-by-Step Guide

Thinking about becoming an Austrian citizen? In this video, Alexander Raidl breaks down the requirements, application process, and key steps to obtaining Austrian citizenship. Whether you’re applying through naturalization, descent, or other pathways, he covers everything you need to know. Need expert legal advice? Contact Alexander Raidl, an experienced immigration lawyer in Vienna, for professional assistance with your Austrian citizenship application.

📞 Phone: +43 1 288 3523

📧 Email: office@rechtsanwalt-raidl.at

📍 Address: Pramergasse 21, 1090 Wien, Austria

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Rot-Weiß-Rot - Karte Plus und Ukraine

Red-White-Red-Card Plus for displaced persons from Ukraine

From 1 October 2024, displaced persons from Ukraine can obtain a Red-White-Red Card Plus. This residence permit includes unrestricted access to the Austrian labour market for both employed and self-employed work and is a prerequisite for obtaining an EU permanent residence permit.

What are the requirements for obtaining a Red-White-Red Card Plus as a displaced person from Ukraine?

Persons who reside in Austria as displaced persons from Ukraine (blue card) can obtain a Red-White-Red Card Plus if they fulfil the general requirements for obtaining a residence permit, can provide proof of German language skills at A1 level and have been insured for at least 12 months in the last 24 months in a fully insured employment relationship or as a self-employed person. You are fully insured if you earn more than € 518.44 per month as an employee and € 6,221.28 per year as a self-employed person (values for 2024).

The general requirements for obtaining a Red-White-Red Card Plus are
a) A sufficiently secure livelihood: for this purpose, the monthly disposable net income, after deduction of fixed costs for rent or debts, must reach a certain minimum threshold (in 2024 this is € 1,217.96 for single persons and € 1,921.46 for married couples, with an additional € 187.93 per child). As long as you receive basic care (e.g. from Caritas), your livelihood is not sufficiently secured.
b) Health insurance in Austria: This is automatically the case if you are legally employed in Austria.
c) Legal entitlement to adequate accommodation for yourself and your family.
d) No threat to public order and security.

The knowledge of German at A1 level required for the issue of the Red-White-Red Card Plus must be proven by a recognised language certificate (Austrian Language Diploma – ÖSD, Goethe Institute, Telc GmbH, Austrian Integration Fund ÖIF).

The Red-White-Red Card Plus is initially only issued for one year. Those who fulfil Module 1 of the Integration Agreement (German language skills at A2 level) can receive the card for 3 years.

In principle, the period of validity of the card is linked to the validity of the Ukrainian passport. However, an exception can be applied for male Ukrainian citizens who are unable to extend their passport outside Ukraine.

In addition, it is expressly confirmed that in the case of an application for a Red-White-Red Card Plus for displaced persons, the periods already completed with an ID card for displaced persons are considered as legal residence. These periods can therefore also be counted towards the periods of residence required for an EU permanent residence permit.

How to apply

The application for a Red-White-Red Card Plus will be submitted to the competent immigration authority (in Vienna MA 35) from 1 October 2024. You can already book your application appointment in Vienna at Support Referate Einwanderung.