Your rights after a positive decision in Austria

If you receive international protection in Austria, you have important rights. These rights give you safety and opportunities for your future.

On this page, you can find the most important rights you have after a positive decision. They include your right to receive a residence permit, bring your family, work, study and receive healthcare. 

The information is divided into two parts:

  • your rights related to residence and stay
  • your rights related to integration

Click on each right to learn more about what it means for you.

Overview of your rights related to residence and stay

Below you can find the most important rights related to your residence and stay.

When you are granted international protection, you receive a residence permit. This document confirms your right to stay in Austria.

How long is the residence permit valid?

If you have refugee status:

  • First permit: 3 years
  • First extension: 3 years
  • Next extensions: 5 years each

If you have subsidiary protection:

  • First permit: 1 year
  • First extension: 3 years
  • Next extensions: 5 years each

Make sure to extend your residence permit before it expires. Applying too late may lead to legal problems.

Your residence permit can only be taken away or not extended if your protection status is withdrawn.

Important!

You can apply for the extension no earlier than 3 months before the expiry date.

If your residence permit has been lost or stolen, you must also apply for a new document.

You can apply for extension or reissue here. Please note, that a fee must be paid for the application.

Your family members may receive the same protection status if the family relationship already existed before entering Austria. This also applies to children born in Austria.

Your family members are:

  • Your husband or wife
  • Your children under 18 years of age, and your adult dependent children if they are not married
  • If you are under 18 years of age and not married: your father, your mother, or another person who is legally responsible for you

If you have international protection, you can apply for international protection for your child born in Austria at a regional office of the BFA.

The rules for family reunification with persons who have international protection in Austria are currently being legally changed.

It is planned that family members of persons with international protection in Austria will be able to apply for a Red-White-Red Card Plus for family reunification at an Austrian authority abroad, in accordance with the Settlement and Residence Act.

If you have international protection in Austria, you may get a travel document. This document allows you to travel outside Austria.

If you have refugee status:

  • You can get a Convention Travel Document (passport for refugees)
  • It is usually valid for up to 5 years
  • You can travel to almost all countries in the world
  • You must not travel to your country of origin
  • You will not get it only if there are serious security or legal problems.

If you have subsidiary protection:

  • You can get a Foreigner’s Passport
  • You can only get this if you cannot get a passport from your home country, or if you cannot renew your passport. Sometimes you must prove this (for example with a paper from your embassy).

 Attention: Travelling to your country of origin may lead to the withdrawal of your protection status.

Important

If you meet the requirements for a Convention Travel Document or a Foreigner's Passport, you can book an appointment here to apply for one. A fee must be paid for the document.

You are allowed to move freely within Austria and choose your place of residence.

 Important:

  • You must register your address. Every change of address must be reported within three days to the local registration office (municipal office or magistrate). If you do not do this, you may receive a fine.
  • Note: Outside Vienna, many regions in Austria offer better job opportunities and better conditions for successful integration.

You have received international protection in Austria. This protection is generally valid only for staying in Austria.

However, you may travel within the Schengen Area for short stays, for example for visits, holidays, or trips. Please respect the time limits in the Schengen Area: with a valid residence permit and a valid passport, you can usually travel visa-free for up to 90 days within a period of 180 days for tourism. A longer stay or moving to another EU country is only possible under the residence rules of that country.

Overview of your rights related to integration

Below you can find the most important rights related to work, education, and daily life.

Work and the ability to support yourself are very important for successful integration. You have the right to work as an employee or to be self-employed. This means you can work for an employer. However, there are some limits in the public sector. For example, only Austrian citizens can work as judges or police officers.

If you want to be self-employed, you must follow the legal rules. For many jobs, you need to register a business. For some professions, you also need special qualifications, such as training or a certificate. Some self-employed work does not require a business registration. You can find more information on the website of the Austrian Economic Chamber (WKO).

The Public Employment Service (AMS) helps you find a job. It offers advice, job placement, training, and support. You can find more information on the AMS website.

In Austria, school is compulsory for children from the age of six. School attendance is required for nine years (compulsory education). After that, there is a training obligation until the age of 18. Young people must attend a secondary or vocational school, do an apprenticeship, or take part in a training programme. If these rules are not followed, fines may be imposed.

Attending public schools in Austria is free of charge. You can register directly at the school.

Adults can:

  • complete school-leaving qualifications
  • study at university
  • take vocational training and continuing education courses

Such educational opportunities may involve costs. In addition, knowledge of German or certain school-leaving or vocational qualifications may be required. Further information can be found here.

Qualifications and degrees obtained abroad can be recognised or assessed in Austria.

A distinction is made between:

  • Regulated professions (e.g. doctors, teachers): recognition is a prerequisite for practising the profession
  • Non-regulated professions: an assessment can make it easier to find a job; however, formal recognition is not mandatory

An overview is provided by the recognition portal of the Austrian Integration Fund (ÖIF). The ÖIF supports you in the recognition of your professional qualifications, may provide funding for related costs, and can refer you, if necessary, to the advisory centre for people with qualifications obtained abroad, which offers personal support throughout the recognition process.

Under certain conditions, you may be eligible for social support benefits.

These include:

  • Social assistance/basic provision: Financial aid or benefits in kind if you are unable to cover your basic living costs (housing, food, and clothing). Social assistance is intended as temporary support; the goal is for you to secure your livelihood independently through employment whenever possible.
  • Family benefits: Support for families, for example family allowance for children.
  • Health insurance: If you work above the marginal earnings threshold or receive basic provision or social assistance, you are covered by health insurance. You will receive an e-card for medical appointments and treatment.
  • Pension insurance: Through employment above the marginal earnings threshold, you accumulate insurance periods for a future pension. Entitlement to a pension or disability benefits only applies if the legal requirements are met.

Important

Access to social assistance and basic provision is linked to your active participation in integration obligations (e.g. regular attendance in German courses). Unjustified withdrawal from courses or lack of cooperation may result in reduced benefits.

You have access to the public healthcare system:

  • Medical treatment: You can visit general practitioners (GPs) as well as medical specialists.
  • Hospital treatment: Inpatient and outpatient medical care is available, including emergency treatment.
  • Medication: Medicines are usually prescribed by a doctor. Depending on the type of medication, you may have to pay a contribution towards the cost.

You have access to the housing market, which means that you can rent accommodation on the private housing market. Rental agreements are governed by the Tenancy Act; tenants have certain rights and obligations, such as paying rent, showing consideration for neighbours and complying with house rules. Private landlords may require proof of income or credit checks.

Note: Rental prices are generally significantly higher in urban areas (such as Vienna or Innsbruck) than in rural regions.

Municipal housing is provided by cities or municipalities and offers lower rents than the private market.

Requirements for municipal housing include, among other things, proof of lawful residence in Austria, a need for housing (for example, due to family size or particular living circumstances), income limits (to ensure that housing is primarily allocated to people with lower incomes) and, in some federal provinces, knowledge of German.

In some cases, waiting periods apply for municipal housing, depending on the city, the size of the dwelling and the urgency of the housing need. Waiting periods for municipal housing may apply, depending on the city, the size of the dwelling, and the urgency of the housing need.

You must appear in person without delay at the Integration Centre of the Austrian Integration Fund (ÖIF) responsible for your federal province. Contacting or making an appointment with the nearest Integration Centre is provided digitally via the Integration Portal. Register here.

As part of the statutory integration obligations, you must participate in certain integration measures, such as German language courses and values and orientation courses. Your participation will be monitored and may have consequences for your residence status or financial entitlements.

The main objectives of integration are:

  • Learning German
  • Understanding and respecting Austrian values
  • Working and being financially self-sufficient
  • Becoming part of Austrian society

Under the Integration Act, you have the following integration obligations:

  • Attend an integration counselling session provided by the ÖIF
  • Sign the Integration Declaration at the ÖIF
  • Complete a values and orientation course provided by the ÖIF
  • Participate in German language courses up to level B1

Participation in these integration obligations is required by law and is mandatory. Failure to comply may result in sanctions.

 Important: The degree of integration is taken into account when return decisions are assessed. Participation in integration measures (for example, German language courses or values courses) may be a significant factor in this assessment.

Prospects and opportunities

Integration is a shared process in which both you and Austrian society play an active role. The support measures offered are intended to help you build an independent and secure life in Austria.

Your active participation and contact with the host society are essential. Make use of the available opportunities and fulfil your obligations. Successful integration creates long-term prospects for employment, education and participation in society.

Austria offers you the opportunity to build a new future. Make use of this opportunity!

If you have questions about your integration obligations or about available integration measures, contact the nearest Integration Centre of the Austrian Integration Fund (ÖIF).

The ÖIF Integration Portal provides information on specialised services as well as counselling options and contact points for persons with special protection needs (for example, pregnant women or persons with disabilities).

Women who are affected by or at risk of violence (for example, domestic violence, forced marriage, female genital mutilation (FGM), or other forms of gender-based violence) can also obtain information and support from an ÖIF Women's Centre or through the ÖIF Women's Centre website.

What about your duties and possible consequences?

Your rights also come with certain duties. It is important to follow these rules to keep your right to stay in Austria.

Click below to learn more about your duties and the possible consequences if you do not follow them.