Red-White-Red Card

Third-country nationals (=nationals from non-EU countries*) who wish to pursue a professional activity in Austria require a suitable residence title for this purpose. One possibility is the so-called "Red-White-Red Card". This entitles the holder to settle in Austria for a limited period of time and to engage in gainful employment.

The Red-White-Red Card is issued for a period of two years and is only valid for employment with a specific employer. In case of a change of employer within these first two years, a new Red-White-Red Card must therefore be applied for.

It should be noted that, in addition to the general requirements for residence titles (such as the absence of a threat to public order or security), special qualifications are required to obtain a Red-White-Red Card. Accordingly, the Red-White-Red Card is intended to facilitate access to the Austrian labor market for highly qualified third-country nationals.

A distinction is made between the following groups of persons:

• Particularly highly qualified
• Skilled workers in shortage occupations
• Other key personnel
• Graduates
• Self-employed key personnel
• Start-up founders

 

What to consider for the red-white-red card

The issuance of a Red-White-Red Card follows a criteria-driven model that requires the achievement of a certain minimum number of points. Points are awarded or weighted according to different criteria. Points are awarded for, among other things:

• Qualification
• Work experience
• Last year's gross annual salary
• Language skills
• Age
• Studies in Austria

The minimum number of points a third-country national must achieve depends on which of the aforementioned groups of persons he or she belongs to.

Depending on the group of persons, there are also a number of additional requirements. Third-country national start-up founders, for example, must submit a business plan for the founding and operation of the company. In addition, a sufficient degree of innovation must be demonstrated and it must be shown that at least EUR 50,000 in capital is available for the company to be founded. Persons in the categories "particularly highly qualified" or "skilled workers in shortage occupations" are required, among other things, to already have a concrete job offer with certain requirements before entering Austria.

• In connection with the application, the submission of various documents and records is also required. These include:
• Valid travel document (e.g. passport)
• Birth certificate or equivalent document
• Photograph, which must not be older than six months (size: 45 x 35 mm)
• Proof of health insurance coverage (compulsory insurance or corresponding insurance policy) covering all risks
• Proof of secure livelihood (especially pay slips, wage confirmations, service contracts, confirmations of pension, annuity or other insurance benefits, proof of investment capital or own assets in sufficient amount)
• If applicable, proof of graduation, research and innovation activities, prizes or awards awarded or proof of professional experience

Documents that are not written in German or English generally require a certified translation.

Together with the application, a so-called "employer's declaration" must also be submitted. This is a confirmation of the future employer with exact details of the future workplace.

After the first two years, the holder of a Red-White-Red Card can apply for the "Red-White-Red Card plus", which in turn entitles the holder to temporary settlement and unrestricted access to the labor market (self-employment and employment, not restricted to a specific employer) in Austria. The prerequisite for this is, for example, that the third-country national in question was employed for at least 21 months during these 24 months under the conditions relevant for admission.

The application for a Red-White-Red Card is generally made in person at the Austrian representative authority (embassy or consulate) in the third-country national's home country. If the third-country national entered Austria with an appropriate visa or was allowed to enter without a visa, it is also possible to submit the application in Austria.

In addition to the third-country national himself/herself, the application can also be submitted by the future employer to the competent authority in Austria.

The competent authority is the governor of the province or the authorized district authority or the magistrate, whereby the local jurisdiction depends on the residence or intended residence of the third-country national.

The authority must then decide on the issuance of a Red-White-Red card within eight weeks of the submission of the application.

How kontractory by DWP can assist in the issuance of a Red-White-Red Card

Our specialized lawyers support third-country nationals and future employers in the application process and in the procedure for the issuance of a Red-White-Red Card by, among other things, providing comprehensive and compact advice as well as evaluating and preparing the necessary documents. In addition, we help with official channels and communication with the relevant public authorities.

We are happy to support you in a competent and uncomplicated way on the way to the Red-White-Red Card.

 

* EU and EEA citizens are subject to the freedom of movement of workers, which is anchored in the primary law of the European Union, and in principle do not require a Red-White-Red Card or a comparable residence title in order to be able to pursue gainful employment in Austria.

 

Your DWP team

E-Mail: wien@daxundpartner.at

Phone: +43 5 9004 300

 

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