Process to renew an Aufenthaltsbewilligung (residence visa) and right to return to Austria once it is expired in the case of a person who was in Austria for 10 to 15 years on this type of visa and whose children were born in Austria, and circumstances under which an Aufenthaltsbewilligung makes a person eligible for permanent residence in Austria [AUT29894.E]

The following information was provided on 20 October 1998 by an official from the consular section of the Embassy of Austria in Ottawa.

In accordance with the new Austrian legislation on residence permits which came into force on 1 January 1998, a person who has voluntarily abandoned his/her Aufenthalts-bewilligung during his/her absence from Austria cannot have this type of visa renewed no matter how long the person resided and worked in Austria and no matter if he/she has children who were born in Austria. In order to be re-admitted into Austria, the holder of the expired Aufenthaltsbewilligung must apply "from scratch" for a new visa. There is no way to predict the outcome of such an application. One basic condition is to convince the Austrian authorities that he/she will be employed in Austria. The process can take several months.

A person admitted to Austria on an Aufenthaltsbewilligung may have his/her visa extended for one year the first time, for two years the second time and for five years the third time, and may eventually be granted permanent residence. However, the outcome of an application for the extension of the Aufenthaltsbewilligung and for permanent residence in Austria is unpredictable and depends on individual circumstances. For additional information on the aufenthaltsbewilligung, please consult Response AUT27267.E of 17 July 1997.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Reference


Embassy of Austria, consular section, Ottawa. 20 October 1998. Telephone interview with official.