This review was prepared for Ukrainian refugees by the law firm Herbst Kinsky Rechtsanwälte GmbH upon request and in coordination with the international legal network Multilaw and Ukrainian law firm Arzinger. The review is as of March 11, 2022, will be updated as relevant, also Ukrainian translations will be added. The review is not a legal advice and is for informational purposes only. For updates, please follow www.multilaw.com and/or www.arzinger.ua
Цей огляд був підготований для українських біженців юридичною фірмою Herbst Kinsky Rechtsanwälte GmbH на запит та під координацією міжнародної юридичної мережі Multilaw та української юридичної фірми Арцінгер. Огляд підготований станом на 11 березня 2022 року та буде оновлюватись відповідно, також будуть додаватись українські переклади. Цей огляд не є юридичною консультацією і має лише інформаційний характер. Слідкуйте, будь ласка за оновленнями на www.multilaw.com та/або www.arzinger.ua
1) Entering the country
Is any mandatory quarantine applied for UA citizens? If yes, please provide details (duration, where to stay, who pays for the stay, any exceptions)?
No, for UA citizens there is no mandatory quarantine.
In principle, a valid 3-G certificate is required for entry into Austria. However, this regulation does not apply to people who want to enter Austria due to armed conflicts. Therefore, neither quarantine nor a 3-G certificate is required.
Is any visa required for UA citizen to enter the country? If yes, how UA citizen may obtain it under the circumstances?
There is no need for a visa for short stays of up to 90 days within 180 days if a person has a biometric passport. If the respective person does not have a biometric passport or is planning a longer stay or employment, a visa is usually required.
Visas can be applied for at the Austrian Embassy in Ljubljana (Slovenia), the Austrian Embassy in Bratislava (Slovakia) or at the Consulate General in Munich. The Austrian Embassy in Kiev is only operational to a limited extent.
As long as a person is legally staying in Austria and as long as it is impossible to leave for Ukraine (a nationwide state of war is considered an impossibility), the person can apply for asylum at every provincial police directorate. In this case employment would be allowed.
Please note that rules which will allow UA citizens to work in Austria are expected to be published in the upcoming days.
Is entry without passport allowed?
UA citizens may be allowed to enter into Austria or transit on humanitarian reasons on an individual case-by-case examination. If the person can prove the Ukrainian nationality and identity during a border control, he or she will not subject to an entry ban or a residence ban.
Shall UA citizen apply for any special status (refugee etc.) right after entering the country, or this can be done later? If yes, what is the further deadline to apply for special status?
There is no need or obligation to apply for special refugee status, as UA citizens are eligible for temporary visa-free residence. However, as long as a person is legally staying in Austria and as long as it is impossible to leave for Ukraine (a nationwide state of war is considered an impossibility) UA citizens can apply for asylum at every provincial police directorate
2) Stay in the country
For how long UA citizen may stay in the country if entered based on visa-free regime without any additional formalities?
In principle, it is possible to stay legally in Austria for 90 days without a visa. After the 90 days, it is possible to apply for a visa for humanitarian reasons at the competent provincial police directorate. The state of war in Ukraine - as long as it continues - is considered a reason. In this case people may remain in Austria lasting for a period of three years. Once this period expires the right of residency is unlimited by law unless the requirements for starting the process leading to the withdrawal of leave to remain are met.
Are temporary residency permits available for UA citizens?
There are generally no temporary residency permits available other than the status as refugee. Otherwise, temporary residency permits are only available for certain reasons, such as special qualifications, a shortage of skilled workers, university graduates or similar. Therefore UA citizens may stay in Austria on basis of a visa or refugee status.
Are permanent residency permits available for UA citizens?
UA citizens residing (or wishing to reside) in Austria for more than six months must obtain an Austrian residency permit. Residency permits are always issued for a specific purpose (e.g. they may be marked "except gainful employment"). Also, it is possible that the status as refugee entitles UA citizens to stay in Austria permanently. Since introduction of the "Asylum for a limited period of time" amendment (which came into force on 1 June 2016), people whose asylum applications are accepted (i.e., who are recognised as being entitled to asylum) have been granted temporary leave to remain in Austria lasting for a period of three years. Once this period expires the right of residence is unlimited by law unless the requirements for starting the process leading to the withdrawal of leave to remain are met.
Is refugee status available for UA citizens?
As long as a person is legally staying in Austria and as long as it is impossible to leave for Ukraine (a nationwide state of war is considered an impossibility), the person can apply for asylum at every provincial police directorate.
Is there any other status except tourism, temporary/permanent residency permit, refugee available for UA citizens? If yes, please briefly describe the options.
There is no other status for UA citizens.
3) If UA citizen entered the country based on no visa regime, or based on tourist visa
What is the maximum allowed duration of stay in the country?
In principle, it is possible to stay legally in Austria for 90 days without a visa. After the 90 days, it is possible to apply for a visa for humanitarian reasons at the competent provincial police directorate. The state of war in Ukraine - as long as it continues - is considered a reason. In this case people may remain in Austria lasting for a period of three years. Once this period expires the right of residency is unlimited by law unless the requirements for starting the process leading to the withdrawal of leave to remain are met.
Are any formal procedures (registration etc.) required for the stay?
There is no requirement for a formal procedure.
Is employment allowed?
Employment is allowed only if the person has a valid visa. Also, persons entitled to asylum are legally recognised as refugees and have full access to the labour market.
Please note that changes according to which UA citizens will be allowed to work in Austria are expected to be published in the upcoming days.
Is healthcare covered by the hosting state?
Yes, health care is provided all the time during the stay in Austria.
What are main taxes, which shall be paid by UA citizen during the stay?
There are no taxes to be paid by UA citizens during their stay in Austria.
What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?
Income tax:
All natural persons who are resident or ordinarily resident in Austria are subject to unlimited income tax liability. Unrestricted because, in principle, all domestic and foreign income ("world income") is subject to income tax. If you stay longer than 6 months, you are automatically subject to unlimited tax liability and income tax in Austria.
Social Insurance:
In the area of social insurance, it depends on whether one operates as a self-employed person or as an employee and whether one is employed in Austria or continues to be employed in Ukraine. In Austria, the principle of compulsory insurance applies to all gainfully employed persons.
Is it possible to open and use banking account?
Yes, it is possible free of charge.
What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?
The upper limit is EUR 10,000.
Is UA driving license accepted? If yes, for how long?
UA driving licenses are accepted for 12 months (after entry into Austria). After that, the driver's license must be renewed, as it loses its validity.
What and when is required to use a car brought from Ukraine (insurance, certification etc.)?
A person whose main residence is outside Austria may use a vehicle with a foreign license plate in Austria for a maximum of one year. The one-year period starts anew each time the vehicle is brought into Austria. The foreign vehicle must be re-registered if the person also transfers the center of his or her vital interests here by staying in Austria for a longer period of time and thus establishes an Austrian principal residence. In addition, a certificate of Ukrainian registration must be carried. The vehicle must be covered by liability insurance.
What is required to sell a car brought from Ukraine in your country?
If it is a used car with more than 6000 km, there is no VAT. Furthermore, there are no general restrictions on private sales. However, it is likely that the buyer will ask for certain documents (e.g. type certificate).
Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?
There are no special regulations for UA children yet. However, half-day (20 hours per week, with no lunch provided) nursery provision was made mandatory and free of charge for children in their final year before starting school and with permanent residence in Austria.
It is to be expected the special regulations for UA children will be published in the upcoming days.
Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?
There is general compulsory schooling for all children who permanently reside in Austria. This means that compulsory schooling applies not only to Austrian children, but to all children who permanently reside in Austria, irrespective of their citizenship. Compulsory schooling in Austria is laid down in the Federal Constitution.
It begins in Austria on 1 September following the completion of the sixth year of life and lasts for nine school years. A year of life is completed at the end of the day preceding the birthday. Therefore, for a child born on 1 September, compulsory schooling begins on his or her 6th birthday. If a child has its 6th birthday on 2 September or later, it is not compulsory to attend school until 1 September of the following year.
It is to be expected the special regulations for UA children will be published in the upcoming days.
Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?
There are currently no special regulations for juniors. Persons who are neither EEA citizens nor Swiss citizens, and who do not have a residency right or a residency title in Austria for any other reason, require a residency permit to study in Austria.
However, it is possible that a changed regulation for Ukrainian refugees will be published in the upcoming days.
Are there any special regulations applied to elderly people at 60+ age?
n/a
Are there any special regulations applied to disabled persons?
n/a
Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.
There are no cash payments to UA citizens at the moment. Third-country nationals are generally only entitled to social welfare or minimum benefits if they have been living in Austria legally for more than five years.
Persons eligible for asylum are entitled to social welfare as of the time they are granted refugee status. People seeking asylum who are in need of assistance have a right to basic care. Basic care essentially includes health insurance, provision of meals, pocket money, clothing allowance and accommodation in suitable accommodation. Accommodation can be either in organized shelters with meals, organized shelters with self-catering or in private accommodation (e.g. rented apartments).
Currently, there is no state program suggesting language courses or local integration.
However, it is to be expected that a changed regulation for Ukrainian refugees will be presented in the upcoming days.
Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.
There are no cash payments to UA citizens at the moment. Third-country nationals are generally only entitled to social welfare or minimum benefits if they have been living in Austria legally for more than five years.
Persons eligible for asylum are entitled to social welfare as of the time they are granted refugee status. People seeking asylum who are in need of assistance have a right to basic care. Basic care essentially includes health insurance, provision of meals, pocket money, clothing allowance and accommodation in suitable accommodation. Accommodation can be either in organized shelters with meals, organized shelters with self-catering or in private accommodation (e.g. rented apartments).
However, it is to be expected that a changed regulation for Ukrainian refugees will be presented in the upcoming days.
Any other important information.
n/a
4) If UA citizen entered the country aiming to get temporary residency permit
When and where UA citizen shall apply to obtain a temporary residency permit? Please briefly describe main steps required and respective timelines.
Third-country nationals must apply for a residence title for a stay in Austria that will last longer than 6 months.
Residence titles are always issued for a specific purpose (for example, a "Red-White-Red-Card" for highly qualified gainfully employed persons). The most important purposes of residence are residence permits for work/employment, residence permits for family reunification and residence permits for educational purposes.
If the Austrian Settlement and Residence Act does not contain a suitable residence title (purpose) for the planned stay, immigration is not possible under the Austrian Settlement and Residence Act.
The procedure for issuing a residence permit is conducted by the competent settlement authority. The first application for a residence permit must in principle be made abroad and the third-country national must also await the procedure there.
Assuming the temporary residency permit is granted:
Are any formal procedures (registration etc.) required for the stay?
There are no formal procedures.
Is employment allowed?
When having a temporary residency permit employment is allowed.
Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?
Yes, health care is provided for all people in Austria.
What are main taxes, which shall be paid by UA citizen during the stay?
There are no taxes to be paid by UA citizens during the stay.
What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?
Income tax:
All natural persons who are resident or ordinarily resident in Austria are subject to unlimited income tax liability. Unrestricted because, in principle, all domestic and foreign income ("world income") is subject to income tax. If you stay longer than 6 months, you are automatically subject to unlimited tax liability and income tax in Austria.
Social Insurance:
In the area of social insurance, it depends on whether one operates as a self-employed person or as an employee and whether one is employed in Austria or continues to be employed in Ukraine. In Austria, the principle of compulsory insurance applies to all gainfully employed persons.
Is it possible to open and use banking account?
Yes, it is possible free of charge.
What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?
The upper limit is EUR 10,000.
Is UA driving license accepted? If yes, for how long?
UA driving licenses are accepted for 12 months (after entry into Austria). After that, the driver's license must be renewed, as it loses its validity.
What and when is required to use a car brought from Ukraine (insurance, certification etc.)?
A person whose main residence is outside Austria may use a vehicle with a foreign license plate in Austria for a maximum of one year. The one-year period starts anew each time the vehicle is brought into Austria. The foreign vehicle must be re-registered if the person also transfers the center of his or her vital interests here by staying in Austria for a longer period of time and thus establishes an Austrian principal residence. In addition, a certificate of Ukrainian registration must be carried. The vehicle must be covered by liability insurance.
What is required to sell a car brought from Ukraine in your country?
If it is a used car with more than 6000 km, there is no VAT. Furthermore, there are no general restrictions on private sales. However, it is likely that the buyer will ask for certain documents (e.g. type certificate).
Are there any special regulations applied to kids under 5yo whose parent obtained the temporary residency permit? At what terms kindergartens are available?
There are no special regulations for UA children yet. However, half-day (20 hours per week, with no lunch provided) nursery provision was made mandatory and free of charge for children in their final year before starting school and with permanent residence in Austria.
It is to be expected the special regulations for UA children will be published in the upcoming days.
Are there any special regulations applied to kids 6 to 18yo whose parent obtained the temporary residency permit? At what terms schools are available?
There is general compulsory schooling for all children who permanently reside in Austria. This means that compulsory schooling applies not only to Austrian children, but to all children who permanently reside in Austria, irrespective of their citizenship. Compulsory schooling in Austria is laid down in the Federal Constitution.
It begins in Austria on 1 September following the completion of the sixth year of life and lasts for nine school years. A year of life is completed at the end of the day preceding the birthday. Therefore, for a child born on 1 September, compulsory schooling begins on his or her 6th birthday. If a child has its 6th birthday on 2 September or later, it is not compulsory to attend school until 1 September of the following year.
It is to be expected the special regulations for UA children will be published in the upcoming days.
Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the temporary residency permit? At what terms universities are available?
People with a school-leaving certificate or university degree who have been granted the status of asylum seekers or having any permanent residence permit in Austria, convention refugees or subsidiary protection in Austria can be admitted to a degree program at an Austrian University, provided they fulfill all admission requirements. First, they have to make sure that studying a degree program at the University of Vienna is a realistic option and that sufficient financial support exists.
Are there any special regulations applied to elderly people at 60+ age?
n/a
Are there any special regulations applied to disabled persons?
n/a
Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.
There are no cash payments to UA citizens at the moment. Third-country nationals are generally only entitled to social welfare or minimum benefits if they have been living in Austria legally for more than five years.
Persons eligible for asylum are entitled to social welfare as of the time they are granted refugee status. People seeking asylum who are in need of assistance have a right to basic care. Basic care essentially includes health insurance, provision of meals, pocket money, clothing allowance and accommodation in suitable accommodation. Accommodation can be either in organized shelters with meals, organized shelters with self-catering or in private accommodation (e.g. rented apartments).
Currently, there is no state program suggesting language courses or local integration.
However, it is to be expected that a changed regulation for Ukrainian refugees will be presented in the upcoming days.
Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.
There are no cash payments to UA citizens at the moment. Third-country nationals are generally only entitled to social welfare or minimum benefits if they have been living in Austria legally for more than five years.
Persons eligible for asylum are entitled to social welfare as of the time they are granted refugee status. People seeking asylum who are in need of assistance have a right to basic care. Basic care essentially includes health insurance, provision of meals, pocket money, clothing allowance and accommodation in suitable accommodation. Accommodation can be either in organized shelters with meals, organized shelters with self-catering or in private accommodation (e.g. rented apartments).
However, it is to be expected that a changed regulation for Ukrainian refugees will be presented in the upcoming days.
Are there any restrictions to leave the country?
n/a
Any other important information.
n/a
5) If UA citizen entered the country aiming to get permanent residency permit
When and where UA citizen shall apply to obtain a permanent residency permit? Please briefly describe main steps required and respective timelines.
UA citizens residing (or wishing to reside) in Austria for longer than six months, must obtain an Austrian residence permit. Residence permits are always issued for a specific purpose (e.g. they may be marked "except gainful employment"). Also, it is possible that the status as refugee entitles UA citizens to stay in Austria permanent. Since introduction of the "Asylum for a limited period of time" amendment (which came into force on 1 June 2016), people whose asylum applications are accepted (i.e., who are recognised as being entitled to asylum) have been granted temporary leave to remain in Austria lasting for a period of three years. Once this period expires the right of residence is unlimited by law unless the requirements for starting the process leading to the withdrawal of leave to remain are met.
Assuming the permanent residency permit is granted:
What is the maximum allowed duration of stay in the country?
When having a permanent residency permit there is no maximum duration for the stay in Austria.
Are any formal procedures (registration etc.) required for the stay?
There are no formal procedures for the stay.
Is employment allowed?
Yes, in this case employment would be allowed.
Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?
Yes, health care is provided and also covers kids and other dependent relatives.
What are main taxes, which shall be paid by UA citizen during the stay?
When being employed income tax and social insurance have to be paid by UA citizens. If UA citizen do not work in Austria they do not have to pay taxes.
What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?
Income tax:
All natural persons who are resident or ordinarily resident in Austria are subject to unlimited income tax liability. Unrestricted because, in principle, all domestic and foreign income ("world income") is subject to income tax. If you stay longer than 6 months, you are automatically subject to unlimited tax liability and income tax in Austria.
Social Insurance:
In the area of social insurance, it depends on whether one operates as a self-employed person or as an employee and whether one is employed in Austria or continues to be employed in Ukraine. In Austria, the principle of compulsory insurance applies to all gainfully employed persons.
Is it possible to open and use banking account?
Yes, it is possible free of charge.
What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?
The upper limit is EUR 10,000
Is UA driving license accepted? If yes, for how long?
UA driving licenses are accepted for 12 months (after entry into Austria). After that, the driver's license must be renewed, as it loses its validity.
What and when is required to use a car brought from Ukraine (insurance, certification etc.)?
A person whose main residence is outside Austria may use a vehicle with a foreign license plate in Austria for a maximum of one year. The one-year period starts anew each time the vehicle is brought into Austria. The foreign vehicle must be re-registered if the person also transfers the center of his or her vital interests here by staying in Austria for a longer period of time and thus establishes an Austrian principal residence. In addition, a certificate of Ukrainian registration must be carried. The vehicle must be covered by liability insurance.
What is required to sell a car brought from Ukraine in your country?
If it is a used car with more than 6000 km, there is no VAT. Furthermore, there are no general restrictions on private sales. However, it is likely that the buyer will ask for certain documents (e.g. type certificate).
Are there any special regulations applied to kids under 5yo whose parent obtained the permanent residency permit? At what terms kindergartens are available?
There are no special regulations for UA children yet. However, half-day (20 hours per week, with no lunch provided) nursery provision was made mandatory and free of charge for children in their final year before starting school and with permanent residence in Austria.
It is to be expected the special regulations for UA children will be published in the upcoming days.
Are there any special regulations applied to kids 6 to 18yo whose parent obtained the permanent residency permit? At what terms schools are available?
There is general compulsory schooling for all children who permanently reside in Austria. This means that compulsory schooling applies not only to Austrian children, but to all children who permanently reside in Austria, irrespective of their citizenship. Compulsory schooling in Austria is laid down in the Federal Constitution.
It begins in Austria on 1 September following the completion of the sixth year of life and lasts for nine school years. A year of life is completed at the end of the day preceding the birthday. Therefore, for a child born on 1 September, compulsory schooling begins on his or her 6th birthday. If a child has its 6th birthday on 2 September or later, it is not compulsory to attend school until 1 September of the following year.
Are there any special regulations applied to juniors 19 to 22yo whose parent obtained the permanent residency permit? At what terms universities are available?
People with a school-leaving certificate or university degree who have been granted the status of asylum seekers or having any permanent residence permit in Austria, convention refugees or subsidiary protection in Austria can be admitted to a degree program at an Austrian University, provided they fulfill all admission requirements. First, they have to make sure that studying a degree program at the University of Vienna is a realistic option and that sufficient financial support exists.
Are there any special regulations applied to elderly people at 60+ age?
n/a
Are there any special regulations applied to disabled persons?
n/a
Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.
There are no cash payments to UA citizens at the moment. Third-country nationals are generally only entitled to social welfare or minimum benefits if they have been living in Austria legally for more than five years.
Persons eligible for asylum are entitled to social welfare as of the time they are granted refugee status. People seeking asylum who are in need of assistance have a right to basic care. Basic care essentially includes health insurance, provision of meals, pocket money, clothing allowance and accommodation in suitable accommodation. Accommodation can be either in organized shelters with meals, organized shelters with self-catering or in private accommodation (e.g. rented apartments).
Currently, there is no state program suggesting language courses or local integration.
However, it is to be expected that a changed regulation for Ukrainian refugees will be presented in the upcoming days.
Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.
There are no cash payments to UA citizens at the moment. Third-country nationals are generally only entitled to social welfare or minimum benefits if they have been living in Austria legally for more than five years.
Persons eligible for asylum are entitled to social welfare as of the time they are granted refugee status. People seeking asylum who are in need of assistance have a right to basic care. Basic care essentially includes health insurance, provision of meals, pocket money, clothing allowance and accommodation in suitable accommodation. Accommodation can be either in organized shelters with meals, organized shelters with self-catering or in private accommodation (e.g. rented apartments).
However, it is to be expected that a changed regulation for Ukrainian refugees will be presented in the upcoming days.
Are there any restrictions to leave the country?
No, there are no restrictions in this regard.
Any other important information.
n/a
6) If UA citizen entered the country aiming to get refugee status
- When and where UA citizen shall apply to obtain a refugee status? Please briefly describe main steps required and respective timelines.
There is need for a visa for short stays of up to 90 days within 180 days. If the respective person does not have a biometric passport or is planning a longer stay or employment, a visa is usually required. Currently, this is not required for UA citizens.
As long as a person is legally staying in Austria and as long as it is impossible to leave for Ukraine (a nationwide state of war is considered an impossibility), the person can apply for asylum at every provincial police directorate.
When seeking for protection Austria, generally speaking,
- fingerprints will be taken and the authorities will check whether the individual concerned has made any previous asylum applications within the European Union, Iceland, Liechtenstein, Norway or Switzerland;
- applicants will be searched, and any evidence secured;
- an initial interview will also be carried out.
Once an asylum application has been filed, the applicant is usually granted de facto protection against deportation, meaning that the applicant can remain on the territory of the Federal Republic of Austria until a decision has been made on their application. Anyone who contacts a police authority or a police officer in order to apply for asylum will first be interviewed by the police officer/policy authority staff. On the basis of this initial interview, staff from the Federal Office for Immigration and Asylum (BFA) will make a prognosis decision. Depending on the decision, the asylum seeker will either be taken to an initial reception centre or be allowed to travel free of charge to a specific reception facility run by the federal government (i.e., a distribution reception centre). Once the prognosis decision has been taken, the asylum application is deemed to have been submitted.
As part of the admission procedure, the federal government will provide a basic level of care to foreigners in need of assistance and protection who have submitted an asylum application. These basic necessities include suitable accommodation, food, support and healthcare where foreigners requiring protection and assistance cannot provide for themselves due to an absence or lack of financial resources. Accommodation, care and support for people in this situation is provided in federal facilities (initial reception centres, distribution reception centres).
Responsibility for providing a basic level of care to asylum seekers passes to the relevant province as soon as their asylum application is admitted. As a rule, the entitlement to basic care remains in place until the proceedings regarding the asylum-seeker's application in Austria have been legally concluded. People entitled to asylum will be provided with basic care for the first four months after their application for asylum is approved.
Asylum seekers will be interviewed by an officer of the BFA about their personal circumstances, their journey to Austria and the reasons why they fled their country of origin. The interview will be conducted in a language the asylum seeker(s) understand, and will be interpreted by a sworn interpreter.
The decision on the asylum application is issued by means of a Decision (Bescheid) served on the asylum-seeker. Every decision by the BFA contains a ruling (the outcome of the procedure) and instructions on how to appeal, issued in a language the applicant can understand as well as in German. The BFA must issue this decision within 6 months.
Assuming the refugee status is granted:
What is the maximum allowed duration of stay in the country?
Since introduction of the "Asylum for a limited period of time" amendment (which came into force on 1 June 2016), people whose asylum applications are accepted (i.e., who are recognised as being entitled to asylum) have been granted temporary leave to remain in Austria lasting for a period of three years. Once this period expires the right of residence is unlimited by law unless the requirements for starting the process leading to the withdrawal of leave to remain are met.
Are any formal procedures (registration etc.) required for the stay?
In general, there is no formal procedure for staying in Austria. However, if the stay is longer than 90 days, a visa is required. Alternatively, it is possible to apply for asylum in Austria.
Is employment allowed?
Employment is allowed if the person has a valid visa. Also, persons entitled to asylum are legally recognised as refugees and have full access to the labour market.
Please note that changes according to which UA citizens would be allowed to work in Austria are expected to be published in the upcoming days.
Is healthcare covered by the hosting state? Is it covered for kids and other dependent relatives?
Yes, healthcare is provided. Primary medical care is provided directly at the reception centers. The ÖGK (Austrian Health Insurance Fund) health centers are available to refugees from Ukraine for urgent cases. There, the refugees can easily be medically cared for upon presentation of their Ukrainian documents.
What are main taxes, which shall be paid by UA citizen during the stay?
There are no taxes to be paid by UA citizens during the stay.
What is the tax regime and relevant formalities if UA citizen works remotely for businesses in other countries and gets payments from there?
Income tax:
All natural persons who are resident or ordinarily resident in Austria are subject to unlimited income tax liability. Unrestricted because, in principle, all domestic and foreign income ("world income") is subject to income tax. If you stay longer than 6 months, you are automatically subject to unlimited tax liability and income tax in Austria.
Social Insurance:
In the area of social insurance, it depends on whether one operates as a self-employed person or as an employee and whether one is employed in Austria or continues to be employed in Ukraine. In Austria, the principle of compulsory insurance applies to all gainfully employed persons.
Is it possible to open and use banking account?
Yes, it is possible free of charge.
What is the upper limit of cash which can be put on a banking account without confirmation of the cash source?
The upper limit is EUR 10,000.
Is UA driving license accepted? If yes, for how long?
UA driving licenses are accepted for 12 months (after entry into Austria). After that, the driver's license must be renewed, as it loses its validity.
What and when is required to use a car brought from Ukraine (insurance, certification etc.)?
A person whose main residence is outside Austria may use a vehicle with a foreign license plate in Austria for a maximum of one year. The one-year period starts anew each time the vehicle is brought into Austria. The foreign vehicle must be re-registered if the person also transfers the center of his or her vital interests here by staying in Austria for a longer period of time and thus establishes an Austrian principal residence. In addition, a certificate of Ukrainian registration must be carried. The vehicle must be covered by liability insurance.
What is required to sell a car brought from Ukraine in your country?
If it is a used car with more than 6000 km, there is no VAT. Furthermore, there are no general restrictions on private sales. However, it is likely that the buyer will ask for certain documents (e.g. type certificate).
Are there any special regulations applied to kids under 5yo? At what terms kindergartens are available?
There are no special regulations for UA children yet. However, half-day (20 hours per week, with no lunch provided) nursery provision was made mandatory and free of charge for children in their final year before starting school and with permanent residence in Austria.
It is to be expected the special regulations for UA children will be published in the upcoming days.
Are there any special regulations applied to kids 6 to 18yo? At what terms schools are available?
There is general compulsory schooling for all children who permanently reside in Austria. This means that compulsory schooling applies not only to Austrian children, but to all children who permanently reside in Austria, irrespective of their citizenship. Compulsory schooling in Austria is laid down in the Federal Constitution.
It begins in Austria on 1 September following the completion of the sixth year of life and lasts for nine school years. A year of life is completed at the end of the day preceding the birthday. Therefore, for a child born on 1 September, compulsory schooling begins on his or her 6th birthday. If a child has its 6th birthday on 2 September or later, it is not compulsory to attend school until 1 September of the following year.
Are there any special regulations applied to juniors 19 to 22yo? At what terms universities are available?
People with a school-leaving certificate or university degree who have been granted the status of asylum seekers, convention refugees or subsidiary protection in Austria can be
admitted to a degree program at an Austrian University, provided they fulfill all admission requirements. First, they have to make sure that studying a degree program at the University of Vienna is a realistic option and that sufficient financial support exists.
Are there any special regulations applied to elderly people at 60+ age?
n/a
Are there any special regulations applied to disabled persons?
n/a
Is there any state program available suggesting accommodation, language courses, local integration? If yes, please briefly describe.
There are no cash payments to UA citizens at the moment. Third-country nationals are generally only entitled to social welfare or minimum benefits if they have been living in Austria legally for more than five years.
Persons eligible for asylum are entitled to social welfare as of the time they are granted refugee status. People seeking asylum who are in need of assistance have a right to basic care. Basic care essentially includes health insurance, provision of meals, pocket money, clothing allowance and accommodation in suitable accommodation. Accommodation can be either in organized shelters with meals, organized shelters with self-catering or in private accommodation (e.g. rented apartments).
Currently, there is no state program suggesting language courses or local integration.
However, it is to be expected that a changed regulation for Ukrainian refugees will be presented in the upcoming days.
Is there any state program suggesting support cash payments to UA citizens? If yes, please give rough numbers.
There are no cash payments to UA citizens at the moment. Third-country nationals are generally only entitled to social welfare or minimum benefits if they have been living in Austria legally for more than five years.
Persons eligible for asylum are entitled to social welfare as of the time they are granted refugee status. People seeking asylum who are in need of assistance have a right to basic care. Basic care essentially includes health insurance, provision of meals, pocket money, clothing allowance and accommodation in suitable accommodation. Accommodation can be either in organized shelters with meals, organized shelters with self-catering or in private accommodation (e.g. rented apartments).
However, it is to be expected that a changed regulation for Ukrainian refugees will be presented in the upcoming days.
Are there any limitations to leave the country?
We are not aware for any limitation in this regard.
Any other important information.
n/a
7) Language issues
- What languages can be used for communication in your country?
German, English.
8) Upcoming or expected legislative changes
- Do you expect any major changes to the relevant legislation?
Yes, changes are expected for the upcoming days.
9) Local help resources
- Please provide links and brief descriptions to any local helpful resources.
https://www.fsw.at/n/im-einsatz-f%c3%bcr-gefl%c3%bcchtete-menschen-aus-der-ukraine
https://www.asyl.at/de/info/news/informationenzurukraine-krise/
https://bmi.gv.at/news.aspx?id=7138695A2B6150634156493D
https://start.wien.gv.at/ukraine/de
Unlike any other news items in CEELM, these are published as received with no other edits than outlined in this editorial note.
