Author
Persons who are recognised as refugees in Austria obtain a residence permit valid for three years.[1] If the situation in the country of origin has not changed and the protection status remains thus necessary, it is prolonged to an unlimited residence permit ex officio. If the country-of-origin information (COI) indicates that the refugee may return safely, the Cessation procedure may start.[2]
Persons with subsidiary protection status get a residence permit valid for one year.[3] Renewal of the residence permit has to be applied for before the BFA. If protection needs continue to exist, the residence permit is prolonged for two additional years.[4]
A residence permit extension request must be made prior to the expiration of the current residence permit (at most three months before). Until the decision on the extension application is made, the stay in Austria remains legal if the extension request was made prior to expiration, even if the previous residence permit has already expired.[5]
If a beneficiary of subsidiary protection files the request for an extension after the current residence permit has expired, there is no consequence for the validity of the status of subsidiary protection. However, it interrupts the period of legal residence which is a precondition e.g. to acquire the status of EU-Daueraufenthalt (EU permanent status).
The renewal of residence permits can take time, but the right to remain exists until the BFA decides on an application for renewal. Subsidiary protection status used to be prolonged without conducting in an interview, but this practice changed in 2018. As the BFA is now paying particular attention to withdrawal procedures, renewal proceedings are lengthy and might result in a negative decision in first instance (see Cessation and review of protection status). The lack of valid documentation pending renewal further has a negative impact on access to housing and the labour market as counselling organisations such as Diakonie Flüchtlingsdienst or Deserteurs- und Flüchtlingsberatung report. Applicants should apply for a renewal before for the right to remain expires but not more than three 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 8 (4) AsylG.