15 Dec, 2020

Red White Red Card – What to do when you lose your Job?

What are the consequences if a holder of a Red White Red Card loses his or her job within the first two years in Austria? Is the right of residence in Austria withdrawn or is there another way to obtain a residence permit in order to legally remain in the country?

The Red White Red Card entitles the holder to settle in Austria and to work for a specific employer. If one loses his or her job with the employer specifically named in the application for the Red White Red Card, the Red White Red Card must be withdrawn because the conditions under which it was issued are no longer fulfilled. 

However, the law provides for a separate regulation in the event of a change of employer (which will be in particular the case in the event of termination of employment through the employee). If, during the period of validity of the Red White Red Card (24 months) the card holder changes his or her employer, the entire procedure for the issue of a Red White Red Card must be followed from the beginning. However, whether the necessary points are achieved will then no longer be checked by the authority.

This means that a change of job is also possible for holders of a Red White Red Card, provided that an application for a new Red White Red Card issued to the new employer is submitted before the new job starts.

However, if the employment relationship is terminated by the employer (employer’s notice) and a new employer is not immediately found, i.e. in the event of unemployment, the conditions for the issue of a Red White Red Card are no longer applicable. So the card must then be withdrawn from the person concerned.

In order to avoid losing the right to remain in Austria as a third-country national, an application for a change of purpose of the residence permit can be submitted to the immigration authorities. However, a new residence permit will only be granted if the applicant fulfils the necessary requirements and if a quota place (if necessary) is available. Therefore, if the requirements for the granting of a Red White Red Card are no longer met, one can try to apply for another residence title (e.g. “Niederlassungsbewilligung – Sonderfälle unselbstständiger Erwerbstätigkeit“ or “Niederlassungsbewilligung – ausgenommen Erwerbstätigkeit”). However, the necessary prerequisites for this residence titles must be fulfilled in any case. 

Dr. Alexander Raidl, BA

Rotenturmstraße 17/10-12, 1010 Wien

Rotenturmstraße 17/10-12
1010 Wien

© Dr. Alexander Raidl. All rights reserved.
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