Immigration EU/EEA/Switzerland
The right of residence of employees with EU, EEA or Swiss nationality
Nationals of other EU states do not need a visa to enter Austria. In terms of residence law, they are entitled to stay in Austria without a visa for a period of three months. The same applies to nationals of EEA states (from Iceland, Liechtenstein or Norway) and Switzerland.
If nationals from the EU, the aforementioned EEA countries or Switzerland are employed in Tyrol and want to live in Tyrol, they (and certain family members) are entitled to stay for longer than three months if the relevant requirements are met.
The so-called Registration Certificate serves as documentation of this right of residence in Austria. It must be applied for within four months after entering Austria. Various documents must be prepared for the application for the Registration Certificate and brought to the competent authority. For more information on this, see for example the website of Work in Austria (please feel free to contact us if you have additional questions). After five years of residence, an application for a document certifying permanent residence ("Bescheinigung des Daueraufenthalts") can be submitted if all requirements are met.
Certain third-country national family members of the above-mentioned employees also enjoy a right of residence and access to the labour market if the requirements are met. In this case, they are issued a Residence Card (Aufenthaltskarte) by the competent authority to document their right of residence, which must be applied for within four months after entering Austria. It is valid for a period of five years. After five years of uninterrupted legal residence, they can apply for a a so-called Permanent Residence Card (Daueraufenthaltskarte) if all conditions are met. We recommend checking the exact requirements for the Residence Card and the necessities for the entry to Austria (e.g. visa or the compliance with allowed visa-excempt days) individually in good time. In some cases, for example, a Settlement Permit for a limited stay (and exclusively self-employed activity) may also be an option to be considered (e.g. for a life partner).
Tip: In the case of Registration certificates and Residence cards, it is a good idea to find out well in advance whether an appointment with the competent authority is necessary. As appointments with the authorities can be booked up for some time in advance, this is important to ensure that your application will be submitted in time (failure to apply in time may result in the imposition of a fine).
In addition, the Austrian law requires the person’s residence to be registered ("Wohnsitzanmeldung") within three working days after moving into accommodation (separate regulations for the registration may apply when moving into tourist accommodation). If the person’s residence is in Innsbruck, it must be registered at the registration office in the Stadtmagistrat Innsbruck . If the residence is located outside of Innsbruck, it must be registered with the administrative authority for the district concerned (Bezirkshauptmannschaft). To avoid a fine with certainty, you should act in good time. We would be happy to tell you which authority is responsible!
Please note that this presentation is only a brief, general summary and does not claim to be complete (e.g. there are other groups of persons who are entitled to a stay in Tyrol/Austria exceeding three months and who have to apply for a Certificate of Registration). The legal situation of each person must always be examined individually and comprehensively. Among other things, Tyrolean regulations may also be relevant (e.g. on the prohibition of the use of flats and houses as illegal "leisure residences" - illegale Freizeitwohnsitze - in Tyrol).
We will be happy to help you with any questions you may have and, if necessary, put you in touch with other service institutions from our network or help you find suitable legal advice.