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 it 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 at the BFA. If protection needs continue to exist, the residence permit is prolonged for two additional years.[4]
The renewal of residence permits can take time, but the right to remain exists until the BFA decides on an application for renewal. The subsidiary protection status used to be prolonged without conducting in an interview, but this practise has 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 the right to remain expires, but should not be applied 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.
During the first lockdown in 2020, the application time for the renewal of subsidiary protection was suspended until 1 May 2020 in cases were the residence permit expired between 23 March and 1 May 2020. As the application for prolongation could be submitted in written form, no exception was necessary.
[1] Article 3(4) AsylG.
[2] Ibid.
[3] Article 8(4) AsylG.
[4] Ibid.