Residence permit

Austria

Author

Asylkoordination Österreich

From 1 June 2016 onwards, persons who are recognised as refugees in Austria obtain a residence permit for three years.1 If the situation in the country of origin is more or less the same and the status still needed, it is prolonged to an unlimited residence permit ex officio. It the country of origin information (COI) indicate that the refugee may return safely, the Cessation procedure starts.2

Persons with subsidiary protection status get a residence permit for one year.3 Renewal has to be applied for at the BFA, if protection needs continue to exist, the residence permit is prolonged for two years.4

Asylum grants that were ruled before 1 June 2016 led to a permanent residence permit. For those asylum seekers who applied for asylum after 15 November 2015 and whose application was not decided before 1 June 2016, the new restriction of residence permit applied retroactively.5

The renewal of residence permits can take time as the asylum system remains under stress, but the right to remain exists until the BFA decides on an application for renewal. Usually the subsidiary protection status is prolonged. However, the lack of valid documentation pending renewal could have a negative impact on access to jobs or accommodation. The renewal has to be applied before the right to remain expires, but should not be applied more than 3 months before that date. If the application is not submitted in time, the stay becomes illegal. This may result in a longer waiting period for the long term residence permit.

  • 1. Article 3(4) AsylG.
  • 2. Ibid.
  • 3. Article 8(4) AsylG.
  • 4. Ibid.
  • 5. Article 78(24) AsylG.

About AIDA

The Asylum Information Database (AIDA) is a database managed by the European Council on Refugees and Exiles (ECRE), containing information on asylum procedures, reception conditions, detenti