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, even if the previous residence permit has already expired.
If the request for an extension is made after the current residence permit has expired, it is regarded as a new request and may need to be submitted to the relevant Austrian representative authority in the country of origin. Only in exceptional circumstances, when it can be proven at the same time as the application that an unexpected or unavoidable event prevented the timely submission of the extension request, is an application for an extension submitted after the validity of the residence permit has expired, considered to be such.
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 practise changed in 2018. As the BFA is now paying particular attention to withdrawal procedures, renewal proceedings are lengthy and often result in a negative decision. The lack of valid documentation pending renewal further has a negative impact on access to housing and the labour market. The renewal has to be applied before for the right to remain expires but should not be applied for 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.