Neither a visa nor temporary residence permit allows the foreign national to work in Austria. Any non-EEA citizen generally has to obtain a work permit (however, please refer to the exceptions in "Exemptions from the Austrian Act on the Employment of Foreign Nationals") and a residence permit. If the employee matches the relevant criteria, they should obtain an RWR Card (see further below), as this option includes a settlement permit and a work permit. No further requirements (apart from relevant qualifications) must be met.

The RWR Card

The criteria-based immigration model called the RWR Card offers highly qualified employees an easier way to work and live in Austria. The RWR Card combines the legal privileges of a residence permit with a work permit (i.e., no separate work permit has to be obtained).

To determine whether a person is qualified, a specific credit system has been established that measures qualification based on objective criteria (e.g., prior education, professional qualifications and experience, language skills or age). Since 2019, it has been possible to reduce the number of points required for certain highly qualified persons that have a university degree, as determined by the Austrian Ministry for Employment, Social Affairs and Consumer Protection. Therefore, a person who wants to work in Austria can relatively easily determine whether they qualify by checking off the criteria. In 2020, the points required for certain highly qualified persons were again reduced to facilitate the admission of persons in professions that are in particularly high demand and to strengthen Austria as a business location. Since April 2023, additional language skills (French, Spanish, Bosnian, Croatian and Serbian) in addition to German and English have been taken into account in the credit system of the RWR Card.

Seven kinds of foreign nationals may obtain an RWR Card:

• Very highly qualified workers: A very highly qualified individual is allowed to enter Austria with a so-called Job Seeker Visa for a period of six months to search for employment that matches their credentials. If the individual succeeds in finding adequate employment or has already found employment, they may obtain an RWR Card. In practice, however, this option is also used if a foreign company sets up an Austrian branch office and transfers its respectively qualified employees to that branch office.
• Skilled workers in shortage occupations: These foreign nationals may obtain an RWR Card if they are specifically educated in a shortage occupation (Mangelberuf), as determined by the Austrian Ministry for Employment, Social Affairs and Consumer Protection, and have an adequate and binding employment offer. Since 2019, the federal states (Bundesländer) can also determine local shortage occupations within their territory. An RWR Card issued due to such a shortage occupation generally only entitles the foreign national to work in the employer's operation within the respective federal state.
• Graduates of Austrian universities and colleges of higher education: A foreign university graduate may extend their stay for 12 months after finishing their studies in Austria to find employment that matches their qualifications or starting a business. There is no credit system for graduates, but the payment of a minimum monthly gross salary that is customary in the area must be guaranteed.
• Self-employed key workers: A foreign national can apply for an RWR Card if the self-employed occupation creates an overall benefit for the economy (i.e., if they transfer capital of at least EUR 100,000, new technologies or knowhow to Austria; if they create new jobs or secure existing jobs for the Austrian labor market; or if their business is of major significance for a whole region).
• Start-up founders: Foreign nationals may obtain an RWR Card for start-up founders if they fulfill certain criteria (qualifications, professional experience, language skills, age, additional capital or support/subsidies of a start-up organization) and if they (i) establish a company to develop innovative products, services, procedures or technologies or introduce these on the market, (ii) provide a sound business plan for funding and operating the start-up business, (iii) have significant influence on the start-up and (iv) show evidence of a start-up capital of at least EUR 30,000 with an equity ratio of at least 50%.
• Regular workers in tourism, agriculture and forestry: Workers in the field of tourism, agriculture and forestry may obtain an RWR Card if they (i) have been employed for at least seven months in the last two years as a registered regular seasonal worker in the same industry, (ii) can prove that they have a certain level of German-language skills, (iii) have a binding employment offer for permanent employment and (iv) fulfill the general requirements for receiving a residence permit.
• Other key workers: Other key workers may obtain an RWR Card if they fulfill certain criteria: qualifications, adequate professional experience, language skills, age and have an adequate employment offer with a defined minimum salary. In 2024, the annual minimum salary is EUR 42,420 gross. Additionally, there must be no equally qualified Austrian employee available in the job market.

Individuals that already possess an RWR Card can also obtain the RWR Card Plus ("RWR Card Plus") if they fulfilled the admission requirements (as described above) during 21 out of the last 24 months prior to applying. However, individuals holding an RWR Card for start-up founders must fulfill additional criteria before being issued an RWR Card Plus (e.g., the start-up must employ at least two full-time employees). After the RWR Card Plus has been issued, a foreign national will have unrestricted access to the Austrian labor market and will be entitled to work in Austria.

Family members of highly qualified employees may also obtain an RWR Card Plus. Generally, they must prove that they have basic German-language skills before coming to Austria (exceptions exist for family members of very highly qualified employees). If they want to extend their RWR Cards Plus, all the family members must prove that they have advanced basic German-language knowledge within two years of immigrating to Austria.

The EU Blue Card

The EU Blue Card offers highly qualified employees the opportunity to obtain a combined residence and work permit.

An individual qualifies for an EU Blue Card if they (i) have completed university education with a minimum study duration of three years, (ii) will be employed in a position adequate for this education and (iii) will receive a minimum annual salary of EUR 47,855 gross (2024). Additionally, the Austrian authorities will only issue an EU Blue Card if there is no equally qualified and currently unemployed Austrian citizen registered with the AMS when the application for the EU Blue Card is completed. As an alternative to (i), IT specialists with at least three years of professional experience corresponding to the level of a university graduate and acquired within the last seven years prior to the application may also receive an EU Blue Card. A university degree is not required in this case.

Individuals that already possess an EU Blue Card may also obtain an RWR Card Plus if they fulfilled the admission requirements (as described above) during 21 out of the last 24 months before the application. After the RWR Card Plus has been issued, a foreign national will have unrestricted access to the Austrian labor market and will be entitled to take up employment within Austria.

If an employee does not meet the criteria for an RWR Card or an EU Blue Card, they may only work in Austria if their employer has either obtained a work permit (Beschäftigungsbewilligung) or if the employee is a Turkish citizen and has been granted a certificate of dispensation (Befreiungsschein).

If there are no other important public or economic reasons to preclude a foreign national's employment, a work permit can be issued. One public reason is that the position in question could be filled by an Austrian employee. Therefore, no equally qualified and currently unemployed Austrian citizen may be registered with the AMS when applying for a work permit. Special work permits are available to seasonal workers and university students.

Generally, where a foreign national intends to take up employment in Austria, they must obtain an RWR Card, a work permit or a posting permit. However, certain groups are legally excluded from this obligation. The most important exceptions are as follows:

Citizens from the EEA and Switzerland

Citizens from the EEA and Switzerland do not have to obtain a work permit before taking up employment in Austria.

Scientists (Wissenschaftler)

Special rules apply for the employment of foreign scientists. Scientists are persons in public and private institutions and companies who carry out scientific activities in research and teaching, in the development of the arts and in the teaching of art. Austrian law does not require any private or public scientific researcher to obtain a work permit because highly qualified scientists are in great demand. Further, it is easier for foreign researchers to obtain a temporary residence permit.

In most cases, scientific researchers will also qualify for an RWR Card. It is usually recommended that foreign researchers apply for an RWR Card because they can also use the RWR Card for a long-term stay in Austria.

Senior managers (Besondere Führungskräfte)

Senior managers, in the sense of this statutory exception, are individuals that hold executive positions at board or management level at internationally active corporations and groups of companies or who are internationally recognized researchers. Their duties must comprise (a) building or maintaining sustainable business relationships or (b) creating or securing qualified workplaces in Austria. They must receive a minimum salary (at least EUR 7,272 gross monthly salary plus special payments as of 2024).

Senior managers and their spouses, children, support staff and household staff (i.e., secretaries, assistants if they have been employed by the senior manager/internationally recognized researcher for at least one year) are also exempt. There are no quota limits in force for senior managers. However, in most cases, senior managers also qualify for the RWR Card.

Displaced persons (Vertriebene)

Displaced persons from Ukraine who have a temporary right of residence under the Displaced Persons Regulation and hold a displaced person's identity card (Vertriebenenausweis) are also exempted from the scope of the Austrian Act on the Employment of Foreign Nationals. They can therefore take up any employment without a permit. This is primarily intended to further accelerate the labor market integration of displaced persons who want to remain in the Austrian labor market permanently.

Posting of employees to Austria

Whereas opportunities to work in Austria as an employee are limited, providing services in general is not. However, restrictions may apply due to trade law.

Generally, companies may perform projects in Austria. When employees are sent to Austria to perform services within projects, a posting permit (Entsendebewilligung) must be obtained from the local AMS office. In this case, two conditions must be met: The project cannot exceed six months, and the employee must not work in Austria for more than four months during the entirety of the project's duration. If these periods are to be exceeded, a work permit or RWR Card must be obtained. In addition, the work must not be in the construction or ancillary industries.

The work permit requirement cannot be avoided by claiming a chain of four-month projects to attempt continuous use of the posting permit. The Austrian authorities consider this an inadmissible circumvention of mandatory provisions.

Alternatively, a foreign national who is employed as an (i) executive, (ii) specialist or (iii) trainee and sent to Austria within a group to work in a relevant position may be eligible for both a temporary residence and work permit for ICTs (ICT permit).

Different application procedures and permits depending on (i) whether the employees are directly deployed from an EU or non-EU member state and (ii) the duration of the assignment to Austria apply.

If non-EEA employees working for a company situated within the EEA are sent to Austria to perform services, they are only required to register beforehand with the ZKO. If the posting is lawful, an EU-posting certification (EU-Entsendebestätigung) will be issued. A visa may also be required to enter Austria.

Employers who post employees to Austria have several duties (e.g., providing certain documents like employment contracts, pay slips and time records and registering employees with the ZKO). The duties differ slightly depending on whether the employer is located within or outside the EEA.

It is not considered posting an employee and, therefore, the rules do not apply and a registration with the ZKO is not necessary if employees are sent to Austria to perform minor short-term jobs in connection with the following:

• Business meetings or seminars (without any further performance of services)
• Fairs and similar events (participation only; preparatory and final works are excluded)
• Attendance and participation at congresses and certain cultural events
• Specified international sports events

Additionally, the rules do not apply to (i) intragroup assignments of special-skilled employees for specific purposes (e.g., R&D, project planning, controlling) for up to two months within a calendar year, (ii) certain activities in connection with the delivery of goods and, (iii) under certain conditions, training measures. Further, the rules do not apply to employees with a minimum monthly gross salary of at least EUR 7,272 (2024). The minimum salary must have been earned in the last two pay periods prior to the assignment and during the assignment.

Noncompliance may lead to severe monetary penalties. Repeat offenders may be prohibited from performing services in Austria for up to five years.

The authorities may also instruct the service recipient to stop payments to the service provider, but only in cases where the prosecution is complicated.

Several provisions also apply to personnel leasing from abroad.

Alternatively, non-EEA employees that are transferred within a group and already have an ICT permit from another EU member state may be eligible for a mobile ICT permit in Austria if their stay exceeds 90 days.

Austrian law stipulates that, if an applicable collective bargaining agreement (CBA) for the sending company's business exists in Austria, the employer must pay at least the minimum salary stipulated by the CBA. If no applicable CBA exists, the employer must pay the average salary of a comparable peer group of Austrian employees.

Lease of employees

Employers situated in a non-EEA country may lease their employees to Austria to work under an Austrian company's direction, but only if the employee disposes of a work permit according to the Austrian Act on the Employment of Foreign Nationals and according to the Austrian Act on the Lease of Employees. A permit under the Austrian Act on the Lease of Employees is only issued if the competent trade authority approves the lease of employees and confirms the following:

• The employees are significantly well-qualified for the proposed tasks (i.e., the employee has already held a specific position for a long period of time and therefore is "significantly well-qualified"), and the assignment of these employees is required due to labor market and economic reasons.
• Employment is only possible by leasing employees from foreign countries (e.g., no equally qualified Austrian employees would be available on the Austrian labor market).
• Employment of those employees does not jeopardize the payment and working conditions of comparable Austrian employees.

Austrian law stipulates that the employees are entitled to adequate payment and working conditions. Likewise, the assigned employees are entitled to the same minimum wage as comparable Austrian workers, as specified by the respective CBA.

Applications for the assignment of employees are strictly scrutinized by the Austrian authorities, and permits are seldom issued.

However, leasing non-EEA employees from employers situated in the EEA does not require prior permission from the Austrian authorities. Only a notification of the posting to the ZKO is required. If the posting is lawful, an EU-leasing certification (EU-Überlassungsbestätigung) will be issued.

Any lease of employees requires the advanced consent of the employee being sent to another company or the corporation member, even if the employment is only for a short-term period.

Each person staying in Austria must register with the competent authority (usually, this is at the local municipality). However, if the person stays in a hotel, the obligation is fulfilled as soon as registration at the hotel is completed. Persons staying in private accommodations do not need to register as long as the stay lasts no longer than three days. As such, registration is usually an administrative formality.

Employers must retain certain documents (e.g., contract of employment, pay slip, work permit) at the place of employment when employing foreign workers and posting or leasing workers. The employer may face severe administrative penalties for noncompliance.

For citizens of the EEA and Switzerland, gaining employment in Austria can be easily done. If they are employed or self-employed in Austria or earn a secure living and have sufficient health insurance coverage, they do not need special residence or work permits to reside and work in Austria.

However, EEA citizens must notify the Austrian registry authority within three days of their arrival into Austria. Additionally, EEA citizens and their family members must register their permanent residence with the local immigration authorities within four months if they intend to reside in Austria for more than three months. Generally these registration obligations are merely an administrative formality.

Additionally, the quota-free "Settlement Permit for Family Members" (Niederlassungsbewilligung Angehöriger) is also available to family members of EEA citizens under certain circumstances.