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 Is the right of residence in Austria withdrawn or is there another way to obtain a residence permit in order to legally remain in the country?
Red White Red Card for specific employer
The RWR 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 If one loses his or her job with the employer specifically named in the application, the Red White Red Card must be withdrawn because the conditions under which it was issued are no longer fulfilled.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 RWR 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.
This means that a change of job is also possible, provided that an application for a new residence title issued to the new employer is submitted before the new job starts.
Termination by employer
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is not immediately found, i.e. in the event of unemployment, the conditions for the issue of a Red White Red Card are no longer applicable. So the card must then be withdrawn from the person concerned.
Change of purpose
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 RWR 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.