For non-European Economic Area (EEA) citizens, Austrian immigration law provides a set of legal entitlements to immigration. Such entitlements include visas, temporary residence permits (Aufenthaltsbewilligungen) and settlement permits (Niederlassungsbewilligungen). As a general rule, a separate work permit must be obtained if a foreign national intends to be employed in Austria.

A non-EEA citizen must obtain a visa to reside in Austria for up to six months. If they would like to reside in Austria for more than six months, a specific temporary residence permit will have to be obtained (see "Temporary residence permits" for further detail).

As a general principle, all visas must be applied for at the relevant Austrian authority abroad. Generally, a visa does not permit employment in Austria, with the exception of temporary employment visas (where a separate work or posting permit is also obtained). Employers and employees alike can be issued severe penalties for working illegally.

Visa for temporary employment

Where temporary employment is required (i.e., up to six months within a maximum period of 12 months), the Austrian authority may issue either a Travel Visa C or a Visitor Visa D for temporary employment that can be executed either independently or dependently. For temporary independent work, the applicant must maintain a domicile in a third country, and this third country must remain at the center of their vital interests. For temporary dependent work, the applicant must dispose of their work permit according to the Austrian Act on the Employment of Foreign Nationals (for no longer than six months) or conduct certain types of work that are excluded from the Austrian Act on the Employment of Foreign Nationals.

Travel Visa C

The most common visa for tourists and business visitors is the Travel Visa C (Schengen Visa), which allows travel within the Schengen states and permits up to 90 days' residence within a period of 180 days in Austria.

Visitor Visa D

Visitors from certain countries do not need an entry permit (visa) to stay in Austria as tourists or as business visitors for a period of up to 90 days within a period of 180 days (visa-free entry). However, these visitors may not be employed in Austria without a relevant work or posting permit (with the exception of business meetings).

Citizens of the following countries are currently entitled to visa-free entry to Austria:

Albania, Andorra, Antigua and Barbuda, Argentina, Australia, Barbados, Bahamas, Belgium, Bosnia and Herzegovina, Brazil, Brunei, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominica, El Salvador, Estonia, Finland, France, Georgia, Germany, Greece, Grenada, Guatemala, Holy See, Honduras, Hong Kong SAR (only holders of a Hong Kong Special Administrative Region passport), Hungary, Iceland, Ireland, Israel, Italy, Japan (up to six months), Kiribati, Kosovo (as of 1 January 2024, only holders of biometric passports issued by Kosovo are visa-free), Latvia, Liechtenstein, Lithuania, Luxembourg, Macau SAR (only special passports from "Regiao Administrativa Especial de Macau"), North Macedonia, Malaysia, Malta, Marshall Islands, Mauritius, Mexico, Micronesia, Moldova, Monaco, Montenegro, the Netherlands, New Zealand, Nicaragua, Norway, Palau, Panama, Paraguay, Peru, Poland, Portugal, Romania, Saint Lucia, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Samoa, San Marino, Serbia (holders of Serbian passports issued by the Serbian Coordination Directorate ("Koordinaciona uprava") are not visa-free), Seychelles, Singapore, Slovakia, Slovenia, Solomon Islands, South Korea, Spain, Sweden, Switzerland, Taiwan (only holders of passports with an ID number), Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, Ukraine, United Kingdom, United States, United Arab Emirates, Uruguay, Vanuatu (exemption from the visa requirement is currently suspended until 3 August 2024) and Venezuela.

However, citizens from Albania, Bosnia and Herzegovina, Georgia, North Macedonia, Moldova, Montenegro, Serbia and Ukraine must hold a biometric passport for visa requirements to be waived.

Please note that the above list is subject to change. An updated list may be found on the homepage of the Austrian Ministry of the Interior here. (Note: access to this link may be restricted depending on your location – please contact us for any questions.)

Where the applicant intends to settle permanently in Austria, they may apply for a settlement permit. Settlement permits are usually only issued when the applicant is: (i) highly qualified (ii) a family member of a foreign national entitled to settlement or (iii) has been living lawfully in Austria (or the EU) for a specific period of time.

To ensure permanent social and cultural integration in Austria, applicants must usually prove basic German-language skills at A1 level of the Common European Framework of Reference for Languages for certain settlement permits (there is an exception for those who have obtained an RWR Card). The confirmation of language proficiency must not be older than one year at the time of submission.

To obtain the "Permanent Settlement EU" (Daueraufenthalt EU) permit, or Austrian citizenship, the applicant must possess German-language skills at B1 level.

Foreign nationals that want to enter Austria for more than six months must apply for a temporary residence permit. Temporary residence permits are issued by the residence authorities in Austria. The applicant does not need to prove any German-language skills when applying for a temporary residence permit. However, German-language skills are required for certain settlement permits (refer to "Settlement permits" for further information).

All temporary residence permits share a number of common requirements: Applications must be submitted in person, applicants must provide a valid passport (which is valid for at least three months past the date of travel) and applicants must present proof of sufficient funds, adequate accommodation and health insurance. Depending on the residence permit applied for, additional documentation may be required.

The application may either be filed in person at the Austrian authority abroad or at the relevant immigration authority in Austria (if the applicant is entitled to visa-free entry to Austria). However, a residence permit for an intra-corporate transferee (ICT) may only be applied for abroad or by the Austrian entity with the relevant immigration authority in Austria. The relevant immigration authority is determined by the applicant's (temporary) place of residence. Filing several applications, or applications with differing purposes, for residence simultaneously is not allowed. Once the residence permit has been issued, it must be picked up in person at the issuing authority in Austria. If a visa is required to enter Austria, the issuing authority in Austria will instruct the Austrian representative authority abroad to issue a visa.

A temporary residence permit does not entitle the foreign national to take up employment in Austria — a separate work or posting permit must be obtained. Alternatively, the applicant may obtain an RWR Card (see the "Skilled workers" chapter below) if they meet the requirements. However, exceptions apply concerning ICTs who are eligible for a combined temporary residence and work permit.

The temporary residence permits most commonly used by multinational companies on global mobility assignments are as follows:

ICT (Unternehmensintern transferierte Arbeitnehmer)

This temporary combined residence and work permit is for foreign nationals who are employed by an international corporation in a specific position and are being sent to Austria within the company or within a group of companies. The following employees are eligible for the ICT permit:

• Executives who manage the Austrian entity or a (sub)department of the Austrian entity
• Employees who have essential, special knowledge relevant for the Austrian entity's areas of activity, procedures or administration; high qualifications, including specific technical knowledge; and adequate professional experience
• Trainees with a university degree that will be supported in their professional development or that pursue industry-specific, technical or methodological training

Before the transfer, executives and specialists must have been employed for at least nine months (trainees for at least six months) with the same company or group to obtain this permit. This permit only allows the ICT to perform their specific job as executive, specialist or trainee within the Austrian entity. The ICT permit may be extended to up to three years for executives and specialists and to up to one year for trainees. After the maximum permissible total duration of the stay, a departure to a third country is required.

Mobile ICT (Drittstaatsangehörige mit einem Aufenthaltstitel "ICT" eines anderen Mitgliedstaates)

An ICT with an ICT permit from another member state is referred to as a "mobile ICT."

This temporary combined residence and work permit is for foreign nationals employed as executives, specialists or trainees that already possess an ICT permit from another EU member state and are sent to Austria within a group. This permit allows the ICT to work as an executive, specialist or trainee within Austria (i.e., there is no obligation to obtain an additional work permit). The mobile ICT permit may only be issued if the total duration of the foreign national's stay within the EU does not exceed three years if the employee is an executive or a specialist, and one year if the employee is a trainee.

Employee sent on temporary duty (Betriebsentsandter)

This temporary residence permit is for foreign nationals who are employed by a foreign employer without a seat in Austria and are sent to Austria by their employer to perform necessary services to fulfill an assignment (see also the "Posting of employees to Austria" chapter). In these instances, the foreign national must be issued a work permit, posting permit or a guarantee certificate (Sicherungsbescheinigung) according to the Austrian Act on the Employment of Foreign Nationals.

Self-employment (Selbständiger)

This temporary residence permit is for foreign nationals coming to Austria to perform services as self-employed persons. The duration of the assignment must exceed six months.

Mobile researcher (Forscher-Mobilität)

The temporary residence permit for mobile researchers is for scientific employees who have already obtained a residence permit for researchers in another EU member state and only work at certified research institutes. Other researchers may obtain a temporary residence permit, known as the "Special Cases of Dependent Employment" residence permit. Specific requirements regarding the employment contract and the research facility have to be met. Additionally, there are visa benefits for family members.

Researchers are generally exempt from the Austrian Act on the Employment of Foreign Nationals and therefore do not require a separate work permit.

Special cases of dependent employment (Sonderfälle unselbständiger Erwerbstätigkeit)

If no other temporary residence permit applies to the case at hand, the authorities may issue a "Special Cases of Dependent Employment" residence permit. This residence permit is used for employees who are exempt from the Austrian Act on the Employment of Foreign Nationals.