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31 Dec, 2020

The BREXIT trade agreement and residence in Austria

1. On 1 January 2021, the United Kingdom will definitively leave the EU internal market, the customs union and all EU policies. The free movement of persons, goods, services and capital between the EU and the United Kingdom will also end.

2. Fortunately, after long and arduous negotiations, a trade and cooperation agreement between the UK and the EU was concluded at the last minute on 24 December 2020. It stipulates that the withdrawal agreement between the EU and the UK, which entered into force on 1 February 2020 and sets out the modalities for the orderly withdrawal of the UK from the EU, will remain in force.

3. The withdrawal agreement between the EU and the United Kingdom regulates, among other things, the right of residence of British nationals residing in Austria and their family members.

Residence permit pursuant to Art 50 Treaty on European Union (TEU)

4. A British citizen or third-country national family member of a British citizen who wishes to live in Austria must apply for a residence title “Art 50 TEU” as of 1 January 2021. In order to obtain this residence title, British citizens – just like EU citizens – must be gainfully employed in Austria or have sufficient assets to be able to afford to live in Austria without drawing social benefits (i.e. prove at least an income above the social assistance threshold). In addition, comprehensive health insurance coverage must be guaranteed.

5. The residence title “Art 50 TEU” is initially valid for a period of 5 years and if the applicant has already acquired a permanent right of residence in Austria, for 10 years. This residence title grants unrestricted access to the Austrian labour market. Persons with this residence title may therefore continue to live, work and study in Austria.

6. The application can be submitted between 1.1.2021 and 31.12.2021 at the district administrative authority responsible for the applicant’s main place of residence, in Vienna at the Magistratsabteilung 35 (MA 35).

Dr. Alexander Raidl, BA

Pramergasse 21, 1090 Wien

Pramergasse 21
1090 Wien

© Dr. Alexander Raidl. All rights reserved.
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