Oliver is an American citizen and one of the best chefs on the West Coast of the United States. Although he does not have a college degree, he has learned his trade in the most distinguished restaurants in New York City and is currently the head chef at a newly opened French restaurant on the Upper East Side.
One of the service staff at this restaurant is Lisa, a tourism student from Tyrol, who is completing her four-month mandatory internship there as part of her degree.
Oliver and Lisa get along very well, meet each other even in their free time, and fall in love. When Lisa has to return to Austria at the end of her internship to continue her studies here, it is clear to Oliver that he will break camp in New York and follow her.
For Oliver, the question now is how he can come to Austria, find a job and an apartment here, and work legally. While researching on the Internet, he comes across the possibility of applying for a job-seeker visa and thinks that this would probably be the right thing for him. So he gathers his documents, goes to the Austrian Consulate General in New York to apply for such a work search visa, and thinks that it should be done in a few days. But it takes longer than expected and after a few weeks of waiting and several urgencies, Oliver finally receives the answer that his application has been rejected. What had happened?
A job-seeker visa (category D visa) allows third-country nationals to stay in Austria for up to 6 months in order to find employment here. The prerequisite for this is that the applicant fulfils the general requirements for the issuance of a Category D visa. For this purpose, a valid travel document must be presented and comprehensive health insurance coverage, as well as sufficient means of subsistence for the duration of the stay in Austria, must be proven. In addition, the person in question must also not be on notice for refusal of entry, the issuance of the visa must not pose a threat to public safety and order, and the applicant must not have committed any criminal acts that could create grounds for refusal of entry.
In addition, the applicant must also meet the admission criteria for particularly highly qualified workers. Here, the Austrian Labour Market Service (AMS) assesses whether, based on education, work experience, age, and language skills, 70 out of a possible 100 points are met according to a certain point scheme. In general, this is only possible for persons who have a university degree, have worked in a management position, have German or English language skills, and are not older than 45 years.
After being granted a visa to seek work, the person in question is then allowed to stay in Austria for a period of up to 6 months in order to look for a job here. If a job is then found, however, this visa does not yet entitle the person to take up employment. For this purpose, a separate residence title must be applied for.
Citizens of many countries have the possibility to stay in Austria without a visa for a period of up to 3 months. This time can also be used to find a job in Austria. As long as the person concerned is staying in Austria legally, i.e. during his/her visa-free stay, the application for a residence title can be submitted directly to the immigration authorities in Austria. However, such a domestic application does not entitle the applicant to stay in Austria beyond the period of validity of his/her visa-free stay. Therefore, if the application has not been processed in time before the expiry of the 3 months, the person concerned must leave the country and await the decision of the authority abroad.
Since Oliver does not meet the requirements as a particularly highly qualified worker and a job-seeking visa is therefore out of the question for him, he simply decides to travel to Austria on the off chance to look for a job here. From the very first day of his stay, he applies to restaurants for a job as a chef and actually finds a position in a Tyrolean tourist resort after just one week.
His new employer already has experience in employing foreign workers, so he also applies for a Red-White-Red Card for skilled workers in shortage occupations for Oliver. Fortunately, Oliver’s application is processed relatively quickly and the necessary verification by the Austrian Labour Market Service is also carried out very quickly so that Oliver is issued a Red-White-Red Card as a skilled worker in a shortage occupation during his visa-free stay in Austria.
Oliver is happy to be with his Lisa again and he enjoys both, his new job and the beautiful Tyrolean mountains in his free time.