Residence & Employment (2023)

Article 17a of the Austrian Constitution stipulates the freedom of artistic creation. This should also mean that artists without an EU/EEA passport have a legal right to exercise their profession and obtain the necessary residence in Austria. However, it is not possible without papers: For short-term professional activity in Austria, there are regulations with and without a visa. For stays of more than six months, a valid residence title [Aufenthaltstitel] is required, the so-called “Settlement Permit – Artist” [Niederlassungsbewilligung – Künstler:in].

What requirements must be fulfilled? What documents are required? Who decides who is an artist and who is not? How do I determine my (artistic) income? How do I make the transition after graduation if my residence papers were previously tied to my education? And what can I do if the authorities issue a negative decision?

I am a self-employed artist and would like to live in Austria. What do I have to do?

What is the "Settlement Permit - Artist" [Niederlassungsbewilligung – Künstler:in]?

The “Settlement Permit – Artist” [Niederlassungsbewilligung – Künstler:in] allows you to settle in Austria as an artist (self-employed OR employed) for a limited period of time (2x one year, then three years) and entitles you to acquire permanent residence [Daueraufenthalt] after five years of settlement as an artist in Austria. Permanent residence [Daueraufenthalt] means settlement in Austria for an unlimited period of time. Self-employed activities in addition to employment are possible.

 

While holders of a residence permit [Aufenthaltsbewilligung] are only allowed to stay in Austria for the duration of the residence purpose (e.g. studies), artists with a “Settlement Permit – Artist” [Niederlassungsbewilligung – Künstler:in] can change directly to “Permanent Residence -EU” [Daueraufenthalt] after five years of settlement.

 

 

For self-employed artists, the settlement permit is de facto granted for a limited period of one year. The proof of income for a longer period with service contracts [Werkverträge] is not very realistic.

What documents and papers do I need for a "Settlement Permit - Artist" [Niederlassungsbewilligung – Künstler:in]?

For a “Settlement Permit – Artist” [Niederlassungsbewilligung – Künstler:in], the following documents and papers must be submitted together with the fully completed and signed application form.

General

  • application form
  • valid travel document (at least six months! – the residence permit is issued for the period of validity of the travel document)
  • photograph: no older than six months
  • birth certificate*
  • for initial applications: criminal record extract [Strafregisterauszug] (not older than three months)*
  • if applicable: certificate of marriage/civil partnership, birth certificate of child(ren)*
  • insurance
    • In the case of initial applications from abroad: travel health insurance (risk coverage: EUR 30,000) is sufficient until the residence permit has been processed, i.e. until it is collected.
    • In the case of renewal applications as well as in case of an appeal in regards to initial applications: health insurance with full coverage in Austria is absolutely necessary
  • rental contract [Mietvertrag] or housing rights agreement [Wohnrechtsvereinbarung] plus underlying rental contract
  • proof of sufficient means of subsistence in the amount of the applicable guideline rates (see: “How much income (from self-employed artistic activity) is required?”) or declaration of liability (see: “What can I do if I cannot earn my living entirely from self-employed artistic activity?”)
  • for initial applications: proof of German language skills at A1 level, unless you have a secondary school diploma entitling you to study

* Foreign-language documents must, in any case, be accompanied by an apostille, depending on the country of issue of the documents, by certification [Beglaubigung] from the competent Austrian representative authority, and must be translated.

An initial application from within Austria is only permitted if the applicant has another right of residence or is entitled to a visa-free stay.

In particular as a self-employed artist

  • proof of artistic training or description of previous artistic activity
  • Service contracts [Werkverträge] or sales contracts [Verkaufsverträge] as well as, if available, the average income from artistic activity over the last few years as an indication of financially sufficient artistic gainful activity

Note: If the immigration authorities cause long waiting times for an appointment, the procedure can be triggered by submitting the application by registered letter or online. Making up the personal appearance in time preserves the authority’s right to decide within six months from the date of receiving the application.

 

How much income (from self-employed artistic activity) is required?

The required income is based on the reference rates of the General Social Insurance Act (ASVG) for the compensatory allowance. These are increased annually.

In 2023, the following monthly reference rates apply:

  • For single persons up to 24 years of age: EUR 613.16
  • For single persons aged 24 and over: EUR 1,110.26
  • For married couples and couples in a civil partnership: EUR 1,751.56
  • For each child additionally: EUR 171.31

This includes fixed costs (for housing, insurance, loan installments) in the amount of 327.91 euros (so-called “free station” in 2023). If the fixed costs exceed this amount, the difference must be added to the monthly means of subsistence to be proven.

Example 2023: artist, who is older than 24 years of age

Rent EUR 500
+ Social security EUR 75
= Fixed costs EUR 575
– free station EUR 327.91
= EUR 247.09 (difference between fixed costs and “free station”)

Monthly means of subsistence to be proven are therefore:

EUR 1,110.26 (compensatory allowance reference rate) + EUR 247.09 (difference between fixed costs and “free station”) = EUR 1,357.35 (2023).

What can I do if I cannot earn my living entirely from self-employed artistic activity?

In order to obtain a residence permit [Aufenthaltstitel] as an artist, one’s means of subsistence should be generated predominantly from an artistic activity. However, a declaration of liability, proof of savings, income from renting, etc. is also permissible in the case of small deficits. The jurisdiction regarding self-employment is stricter.

 

If means of subsistence are not generated entirely from artistic activity, the competent authority must check whether the activity is predominantly composed of artistic production tasks.

Supreme Court decisions:

How do I prove that I am a self-employed artist?

The decision as to whether the respective activity is considered art or not is the responsibility of the settlement and residence authority. Having been trained as an artist is not the decisive factor. Rather, it is a question of “artistic production tasks” [“Aufgaben der künstlerischen Gestaltung”] being performed or artistic works being created in the course of the activity. In case of doubt on the part of the authorities, this must be made credible by the applicant. In the Settlement and Residence Act, there is no definition of an artist and no list of activities considered artistic (i.e. all artistic activities of performing and producing artists).

The artistic work may not be judged by the authorities in terms of its quality and value. It is important to submit a precise description of the activity, proof of activity in this field, etc., along with the application or, if applicable, evidence of formal qualifications. (Even if none of this is required.) It is more difficult in the case of teaching and the production of art objects according to the specifications of an (other) artist, since the authorities do not recognize these activities as art production in the strict sense, or do not recognize the “artistic dimension” of teaching.

Which authorities are responsible? What is the procedure?

The application for a “Settlement Permit – Artist” [Niederlassungsbewilligung – Künstler:in] must be submitted to the respective competent residence and settlement authority (abroad: to the competent Austrian representation authority). The competent authority is the residence and settlement authority of the intended main place of residence: formally these are the provincial governors, in practice the district administration [Bezirkshauptmannschaft] authorized by them, the city magistrate [Stadtmagistrat] (in Vienna: MA 35) and in Graz the Office of the Provincial Government of Styria [Amt der Steiermärkischen Landesregierung].

The residence and settlement authority has six months from the date of application to reach a decision.

What does access to the labor market look like?

If the execution of the activity can be assigned to a specific branch of art – such as fine arts, performing arts, music, literature, film, photography, multimedia art, literary translations, sound art – and if works of art are produced within the scope of the artistic activity, a trade license [Gewerbeschein] is not required. For self-employed (!) artistic activity, there is free access to the labor market.

I would like to live in Austria as an employed artist. What do I have to do?

What is the "Settlement Permit - Artist" [Niederlassungsbewilligung – Künstler:in]?

The “Settlement Permit – Artist” allows you to settle in Austria as an artist (self-employed OR employed) for an initially limited period of time and entitles you to acquire a permanent residence permit [Daueraufenthalt], i.e. settlement in Austria for an unlimited duration, after five years of residence as an artist in Austria. Permanent residence means settlement in Austria for an unlimited period of time. Self-employed activities in addition to employment are possible.

While holders of a residence permit [Aufenthaltsbewilligung] are only allowed to stay in Austria for the duration of the residence purpose (e.g. studies), artists with a “Settlement Permit – Artist” [Niederlassungsbewilligung – Künstler:in] can change directly to “Permanent Residence – EU” after five years of settlement.

For employed artists, the settlement permit is usually issued for a limited period of one year.

How do I prove that I am performing artistic production tasks as part of my employment?

The AMS [Arbeitsmarktservice – Public Employment Office] is responsible for deciding whether the employment sought is artistic or not (in accordance with § 4a AuslBG). The basis for the decision is the submitted preliminary employment contract and the job description in the employer’s declaration. The employment sought must predominantly involve “artistic production tasks.” It is not the quality of the artistic work that is important, but rather the fact that, in the case of an employment of e.g. 25 hours, the work is mainly artistic. The AuslBG [Employment of Foreign Nationals Act] does not define the term art. Thus, it is important to submit to the application a precise description of activities, proof of activities in this field, etc. and, if applicable, evidence of formal qualifications. (Even if none of this is required).

 

It is more difficult in the case of teaching and the production of art objects according to the specifications of an (other) artist, since the authorities do not recognize these activities as art production in the strict sense, or do not recognize the “artistic dimension” of teaching.

 

Legal basis – AuslBG [Employment of Foreign Nationals Act]:

§ 14 (1) Foreigners whose employment is predominantly determined by artistic production tasks shall be admitted to employment as artists if the prerequisites of § 4 (1), with the exception of subsection 1 (1), are met. If one of these requirements is not met, admission may be refused only if the impairment of the public interests protected by this Federal Law is disproportionately more serious than the impairment of the foreigner’s freedom of art.

(2) In weighing the interests under subsection (1), particular attention shall be paid to ensuring that the denial of admission does not make it impossible for the foreigner to practice their art in a manner that can reasonably be expected of them. Neither a judgment on the value of the artistic activity nor on the artistic quality of the artist may be decisive.

(3) In the event of justified doubts, the foreigner or their employer are to provide credible evidence of the intended artistic activity.

What documents and papers do I need as an employed artist for a "Settlement Permit - Artist" [Niederlassungsbewilligung – Künstler:in]?

General

  • application form
  • valid travel document (at least six months! – the residence permit is issued for the period of validity of the travel document)
  • photograph: no older than six months
  • birth certificate*
  • for initial applications: criminal record extract [Strafregisterauszug] (not older than three months)*
  • if applicable: certificate of marriage/civil partnership, birth certificate of child(ren)*
  • insurance
    • In the case of initial applications from abroad: travel health insurance (risk coverage: EUR 30,000) is sufficient until the residence permit has been processed, i.e. until it is collected.
    • In the case of renewal applications as well as in case of an appeal in regards to initial applications: health insurance with full coverage in Austria is absolutely necessary
  • rental contract [Mietvertrag] or housing rights agreement [Wohnrechtsvereinbarung] plus underlying rental contract
  • proof of sufficient means of subsistence in the amount of the applicable guideline rates (see: “How much income (from self-employed artistic activity) is required?”) or declaration of liability (see: “What can I do if I cannot earn my living entirely from self-employed artistic activity?”)
  • for initial applications: proof of German language skills at A1 level, unless you have a secondary school diploma entitling you to study

In particular, as an employed artist

  • written contract/preliminary employment agreement on the underlying employment
  • evidence of artistic training or description of previous artistic activity
  • employer declaration, according to which the employer agrees to comply with the terms and conditions of employment stated in the application
How much income (from artistic activity) is required?

The required income is based on the reference rates of the General Social Insurance Act (ASVG) for the compensatory allowance. These are increased annually.

In 2023, the following monthly reference rates apply:

  • For single persons up to 24 years of age: EUR 613.16
  • For single persons aged 24 and over: EUR 1,110.26
  • For married couples and couples in a civil partnership: EUR 1,751.56
  • For each child additionally: EUR 171.31

This includes fixed costs (for housing, insurance, loan installments) in the amount of 327.91 euros (so-called “free station” in 2023). If the fixed costs exceed this amount, the difference must be added to the monthly means of subsistence to be proven.

Example 2022: artist, who is older than 24 years of age

Rent EUR 500
+ Social security EUR 75
= Fixed costs EUR 575
– free station EUR 327.91
= EUR 247.09 (difference between fixed costs and “free station”)

Monthly means of subsistence to be proven are therefore:

EUR 1,110.26 (compensatory allowance reference rate) + EUR 247.09 (difference between fixed costs and “free station”) = EUR 1,357.35 (2023).

Which authorities are responsible? What is the procedure? How long does the procedure take?

The application for a “Settlement Permit – Artist” [Niederlassungsbewilligung – Künstler:in] must be submitted by the applicant to the competent residence and settlement authority (abroad: the competent Austrian representation authority). This authority will forward the application to the regionally competent AMS [Arbeitsmarktservice] office, provided that the general requirements for issuance (insurance, accommodation, means of subsistence; see: “What documents and records do I need?”) are met. After the application has been submitted, the AMS has four weeks to check whether the intended employment is an artistic activity (see: “How do I prove that I am an artist?”).

If, according to the AMS, the desired artistic activity is not an artistic activity, the AMS must conduct a complete administrative procedure, conclude this with a negative decision and send this decision to both the employer and the applicant. Both the artist and the employer may appeal against a negative decision by the AMS to the Federal Administrative Court [Bundesverwaltungsgericht, BVwG]. [The AMS can make a preliminary decision on the appeal within ten weeks; if this does not happen or if an application for referral is made after a new negative decision, the BVwG must decide within three months of receiving the appeal].

If, on the other hand, the AMS reaches a positive decision, the AMS informs the residence and settlement authority accordingly. The entire procedure must be completed within six months.

What does access to the labor market look like?

Access to the labor market is regulated by the Act on the Employment of Foreign Nationals [Ausländer:innenbeschäftigungsgesetz, AuslBG]. The examination as to whether the desired employment is an artistic activity is carried out by the AMS, though neither the value nor the quality of the artistic work may be examined.

If it is a question of salaried artistic employment, this employment may only be accepted if the share of artistic work predominates in quantitative terms (measured in hours).

When submitting the application, the employer must submit an employer’s declaration in accordance with the AuslBG. This includes a precise description of the activity, the place of employment, and the remuneration.

If both the AMS and the residence authority [Aufenthaltsbehörde] decide positively on an application, a “Settlement Permit Artist – Employed” [Niederlassungsbewilligung Künstler:in –  unselbstständig] is issued for one year. The employer is explicitly named in the application. However, more than one employer can be named. Objections of the residence authority have no basis. It is therefore possible to work for several employers or to change employers, although the requirements for employment as an artist must always be met.

The residence authority must be informed in the case of a change of employer.

My settlement permit as an artist is expiring. What can I do to extend it?

How long before my residence papers expire must the application for extension be submitted?

The application must be submitted to the authority at the earliest three months before the expiration of the present residence title, but at the latest on the last day of the validity of the existing residence title.

 

The timely submission of an application before the expiration of the existing residence title [Aufenthaltstitel] extends the legal residence and the rights associated with the residence title until the competent authority takes a decision on the application for extension. This means that work may continue during the application for extension.

What documents and papers are required for an application for extension?

General

  • application form
  • valid travel document (at least six months! – the residence permit is issued for the duration of the validity of the travel document)
  • photograph: no older than six months
  • health insurance with full coverage in Austria, a social security statement [Sozialversicherungsdatenauszug] is helpful
  • rental contract or housing rights agreement plus underlying rental contract
  • proof of sufficient means of subsistence in the amount of the applicable guideline rates (see: “What income is required?”) or liability declaration
  • statement of payment obligations from a credit protection association (KSV, online order: “InfoPass für Behörden” or “Auskunft nach Art 15 DSGVO“)

In particular as self-employed artist

  • evidence of artistic training or description of previous artistic activity
  • service contracts [Werkvertrag] or sales contracts as well as royalty notes from the previous year
How long does it take to process a renewal application?

The authority has a total of six months to decide on an application for extension. In the case of an employed artistic activity with a new or further employer, the residence authority forwards the file to the AMS, which has four weeks to check whether the stated employment involves predominantly artistic tasks.

After the check has been made, a notification is sent to the residence authority if the decision is positive. In the case of a negative decision, the employer and the applicant are informed.

I would like to change the purpose of my stay, e.g. from student to artist. What do I have to consider?

How do I apply for a change of my residence title [Aufenthaltstitel]?

If you want to change the purpose of your residence, e.g. to stay in Austria as an artist instead of as a student, you can submit a so-called change of purpose application [Zweckänderungsantrag]. This can be submitted at any time. From three months before the end of the validity of the existing residence title, the change of purpose can be submitted within the framework of an application for extension [Verlängerungsantrag] or change of purpose [Zweckänderungsantrag].

 

In the course of the renewal procedure, upon justified application, the authority can issue a one-time confirmation of the timely submission of the application in the passport, the so-called “emergency vignette” [Notvignette], which allows travel.

What are the advantages of a "Settlement Permit - Artist" [Niederlassungsbewilligung – Künstler:in] compared to a "Residence Permit - Student" [Aufenthaltsbewilligung – Student:in]?

With a residence permit, e.g. as a student in Austria, the stay is considered temporary and remains limited to the duration of the studies. A direct change to the “Permanent Residence – EU” [Daueraufenthalt – EU] after five years of residence in Austria is thus not possible.

 

The situation is different with the “Settlement Permit – Artist” [Niederlassungsbewilligung – Künstler:in], since it can be extended as long as one is working as an artist. Those who are settled in Austria as artists can apply for an unlimited “Permanent Residence – EU” [Daueraufenthalt – EU] after five years. The periods spent with a “Residence Permit – Student” are credited at half.

 

It can therefore make sense to consider a change to the “Settlement Permit – Artist” already during one’s (art) studies, if the intention is to settle in Austria for a longer period of time. The prerequisite for this is that an income is generated through artistic activity. (see: “How much income is required?”)

What can I do to clear up doubts about my work as an artist?

As a self-employed artist, how do I prove that my work has to do with art?

The decision as to whether or not the intended work is art is the responsibility of the settlement and residence authority. In this context, it is not decisive whether training as an artist took place. Rather, it is a question of “artistic production tasks” being undertaken or artistic works being created in the intended occupation. In case of doubt on the part of the authorities, this must be made credible by the applicant. In the Settlement and Residence Act, there is no definition of an artist and no list of activities considered artistic (i.e. all artistic activities of performing and producing artists). The freedom of art is constitutionally protected by the constitution [Staatsgrundgesetz] of 1867.

 

Artistic work may not be judged by authorities in terms of its quality and value. It is important to submit to the application a precise description of the activity, evidence of activity in this field, certificates of education, etc., if any. (Even if none of this is required.) If there are various contracts for work (for example, as a teacher, performer, or similar), it is checked whether the share of artistic creation predominates in the total.

As an employed artist, how do I prove that my work has to do with art?

The decision as to whether or not the work is art is the responsibility of the relevant authority. In the case of employed artists, the AMS [Public Employment Office] decides whether the future activity is predominantly artistic. What counts is not the quality of the artistic work, but the fact that, in the case of an employment of e.g. 25 hours, mainly artistic work is performed. The education, training, etc. necessary to perform the particular artistic work are useful indications for proving that artistic skills are necessary to perform the specified work.

 

Example:

In the practice of judging, music lessons for elementary school children, for example, tend to be “teaching craftsmanship”. However, as soon as students perform, for example, in concerts, and the artistic dimension is worked out in class, “teaching of art” is present. The decision as to whether the teaching is considered art or not, and thus whether a residence title as an artist is possible, is the responsibility of the settlement and residence authority or, in the case of employment, of the AMS.

General Procedure and Appeals

What is the procedure in general? Where do I submit an application? What do the authorities do then?

The first step in the procedure for the issuance of a residence title is that the appropriate application is filed. After that, the authorities can take the following steps: request for documents, notification of the result of the taking of evidence, decision.

Those who are abroad can submit the application via the competent Austrian representation authority, which will then forward it to the competent residence and settlement authority. Those who are already in Austria and legally residing (with another residence title or visa-free) can also submit the application themselves to the competent residence and settlement authority, whereby the competence depends on the actual or intended primary residence.

If documents for the application are missing, the competent residence and settlement authority will send a document request in a second step. The documents listed therein must be submitted as soon as possible or by a certain date.

As soon as the application is complete, the “substantive assessment” of the application begins. This means that the content of the application is processed and the authority verifies if

  1. a) all requirements for issuance are fulfilled (esp. housing, insurance, income) and
  2. b) whether the income in the case of an application for a “Settlement Permit – Artist” [Niederlassungsbewilligung – Künstler:in] is actually generated from artistic activity. From this point on, the authority has six months to review the application and make either a positive or negative decision.
What is the procedure for self-employed artists?

In the case of self-employed artists, the competent residence and settlement authority has six months to examine the application and make either a positive or negative decision.

If a negative decision is intended, the competent residence and settlement authority first sends a notification of the result of the taking of evidence. This can be responded to by means of an informal statement with the purpose of refuting the doubts expressed by the authority.

If the statement succeeds in removing the doubts of the authority, the competent residence and settlement authority will inform about the issuance of the residence title. The procedure is completed by issuing the residence title as a card.

If the statement does not succeed in removing the doubts of the authority, the residence and settlement authority will issue a negative decision and send it to the applicant. An appeal against this decision can be filed within four weeks after it has been served. The appeal is always directed to the settlement and residence authority, which can make a preliminary appeal decision and finally (possibly after a request for submission) transmits the file to the Regional Administrative Court.

What is the procedure for employed artists?

In the case of employed artists, the competent residence and settlement authority sends the application to the AMS, which now has four weeks to review the application and make either a positive or negative decision.

If a negative decision is intended, the AMS first sends a notification of the result of the taking of evidence. This can be responded to by means of an informal statement with the purpose of refuting the doubts expressed by the authority.

If the statement succeeds in removing the authority’s doubts, the AMS sends its consent to the issuance of the residence title to the competent residence and settlement authority, which then sends a notification of the issuance of the residence title. The procedure is completed by issuing the residence title as a card.

If the statement does not succeed in removing the doubts of the authority, the AMS will issue a negative decision, which will then be sent by the competent residence and settlement authority to both the applicant and the employer. An appeal against this decision can be filed within four weeks after it has been served. The appeal is always directed to the competent authority, which can make a preliminary appeal decision and finally (possibly after a request for referral) transmits the file to the Federal Administrative Court.

Observe deadlines! What to do in the case of a negative decision?

Important: No matter which residence title you applied for, the deadlines must always be observed! 

In case of an intended negative decision in a residence title procedure, the authority first sends a notification of the result of the taking of evidence. In this notification, the reasons for the expected negative decision are explained. After receiving the notification of the result of the taking of evidence, a period of usually two weeks begins, during which a reaction to this notification can be made by means of an informal statement: with a counterstatement or correction of the results of the investigation. We recommend that the statement be sent by registered letter in any case.

As long as the statement is received in due time – i.e. within the prescribed two weeks (date of postmark counts in the case of a registered letter) – the authority must revise its decision against the background of the statement. If the doubts of the authority could be removed with the statement, the next step is the granting of the residence title; if not, then the authority sends the negative decision.

After the negative decision has been submitted, a period of four weeks begins, from the date of delivery. The delivery is usually made by registered mail (RSb letter), i.e. the time limit begins the moment the yellow notification slip of the post office lands in the mailbox or the letter has been personally delivered by the mailperson.

We recommend consulting legal counsel, at the very latest in the case of negative decisions.

My application has not been processed for more than six months. What can I do?

In principle, the authorities have six months to decide on the application for “Settlement Permit – Artist.” If no decision has been made after six months, a delax complaint [Säumnisbeschwerde] can be filed in order to force the authority to make a decision. After the complaint has been filed, the authority has three months to make up for the decision. After that, the competent administrative court again has six months to bring the proceedings to a conclusion.

 

In order to file a delay complaint, it is first necessary to inspect the files: for this purpose, an e-mail to the competent residence and settlement authority with the request to inspect the file [Bitte um Akteneinsicht] is sufficient. Applicants have the right to copy (at their own expense) or photograph their file. This file can be used to write the delay complaint with the help of legal counsel.

Legal Bases

Which laws form the basis of the procedure? What case laws are there?

What else is good to know? Tips!

Is family reunification [Familiennachzug] possible with the "Settlement Permit - Artist" [Niederlassungsbewilligung – Künstler:in]?

With a “Settlement Permit – Artist”, family reunification is generally subject to a quota. This means that spouses, registered partners and underage children can only be granted a settlement permit if a quota place is available and the general requirements for the granting of a residence title (accommodation, insurance, means of subsistence in the amount of the applicable reference rates) are met.

The number of quota places available is determined annually in a separate ordinance for each federal state and each residence title that is subject to quota.

Moreover, with this kind of “Settlement Permit” only self-employment is possible.

I am mainly engaged in artistic teaching ...

The development and appreciation of the arts (e.g. activity as a curator and/or mediator) and the teaching of the arts are excluded from the scope of the AuslBG (Employment of Foreign Nationals Act) and can therefore be carried out without authorization under employment law.

 

For these types of activities, one must apply for the “Settlement Permit – Special Cases of Gainful Employment” [Niederlassungsbewilligung – Künstler:in]. The advantage of the “Settlement Permit – Special Cases of Gainful Employment” is that family reunification is much easier than with a “Settlement Permit – Artist”. Likewise, with regard to the monthly means of subsistence to be proven, the requirement of the predominant source of income from artistic activity is omitted. However, the income should be high enough for compulsory insurance (i.e. above the marginal earnings threshold). (Monthly marginal earnings threshold for 2022: EUR 485,85)

I am mainly engaged in artistic research ...

For those working mainly in artistic research, there is the residence title “Settlement Permit – Researcher” [Niederlassungsbewilligung – Forscher:in].

In addition to the “general requirements for issuance” (means of subsistence in the amount of the applicable reference rates, insurance), a suitable university degree, which allows access to doctoral programs, must be presented in order to work as a researcher. In addition, a hosting agreement with a university/college, a certified research institution, or a research institution that does not require certification, in which the scientific activity will take place, is required.

Research is defined as any “creative work undertaken on a systematic basis in order to increase the stock of knowledge, including knowledge of man, culture and society, and the use of this stock of knowledge to devise new applications.”

The hosting agreement between the researcher and the research institution must include the following points:

  • purpose, duration, and funding of the research project
  • information on the monthly gross salary or income equivalent thereto (in the amount of the applicable reference rates)
  • assurance of the research institution to host the researcher
  • assurance by the researcher that they will make every effort to complete the research activity

The “Settlement Permit – Researcher” is issued for a period of two years, and the decision on the application must be made by the competent residence and settlement authority within eight weeks.

I earn my money as a self-employed artist mainly abroad. Am I allowed to do that?

As long as the habitual residence is in Austria and the income from self-employment is taxed in Austria and works of art for organizations, clients or potential buyers based abroad are produced in Austria or independent artistic activity is carried out from Austria, there is no reason not to apply for a “Settlement Permit – Artist”.

Information and amounts from past years

Factsheets from past years

2019: Residence and Employment Law for Artists – Guide 2019 – IG Bildende Kunst [PDF, 250 KB]  

Until 2021 Factsheet prepared and updated by Doris Einwallner (lawyer, expert in legislation on foreign nationals). Translation: Sam Osborn.

I need advice. Where can I go?

Working without papers? … but not without rights!

  • UNDOK – trade union contact point for the support of undocumented workers (free, multilingual information and advice on labor and social law issues in the context of residence law)

 

Abbreviations at a glance
AMS = Arbeitsmarktservice – Public Employment Service
ASVG = Allgemeines Sozialversicherungsgesetz – General Social Security Act
AusBG = Ausländer_innenbeschäftigungsgesetz – Employment of Foreigners Nationals Act
BVwG = Bundesverwaltungsgericht – Federal Administrative Court
KSV = Kreditschutzverband – Credit Protection Association
VfGH = Verfassungsgerichtshof – Constitutional Court
VwGH = Verwaltungsgerichtshof – Administrative Court

Credits
Text: Birgit Mennel (Social and Legal Counseling)
Legal feedback, cross-checking: Peter Marhold (Helping Hands)
Editing, proofreading: Sylvia Köchl, Daniela Koweindl
Translation from German to English: Sam Osborn

 

Factsheet: Residence & Employment as an Artist

2019: Residence and Employment Law for Artists – Guide 2019 – IG Bildende Kunst [PDF, 250 KB]
Factsheet prepared and updated by Doris Einwallner (lawyer, expert in legislation on foreign nationals). Translation: Sam Osborn.