The United Kingdom left the European Union on 31 January 2020 after years of negotiations. In order to ensure a regulated procedure, a withdrawal agreement was concluded between the EU and the United Kingdom, which provided for a transitional phase until 31 December 2020. During this time, the framework conditions for a successful long-term relationship had to be negotiated. This ultimately resulted in the conclusion of a trade and cooperation agreement between the EU and the United Kingdom, which came into force on 1 January 2021. [1]

From now on, the United Kingdom qualifies as a third country and is therefore no longer part of the European Union Customs Union (EUCU) and the European Single Market. These circumstances require regulations in many different areas of law and largely lead to uncertainty. This affects, for example, the right of residence and immigration law. During the transitional phase, the right of residence of "British citizens living in Austria" and their family members continued to be regulated in the light of EU law and was thus possible without restriction. However, as of 1 January 2021, British citizens and their British family members must apply for the new residence title "Article 50 TEU".[2] "TEU" is the (founding) treaty of the European Union, from which the primary legal foundations of the Union can be derived.

Pursuant to Section 3 of the Brexit Implementing Regulation ("Brexit-DV"), British nationals may apply for the "Article 50 TEU" residence permit  from 1 January 2021 until 31 December 2021. The residence permit entitles the holder to reside and work in Austria or to study at Austrian universities and colleges. The residence permit is valid for five years from the date of issuance in accordance with Section 6 Brexit-DV; for British citizens and their family members who already have obtained a permanent residence certificate or a permanent residence card in the past, the new residence permit will be issued for ten years.

The application must be submitted in person with the competent residence authority.

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Urim Bajrami / Philip Plaute

[1] https://www.bmeia.gv.at/europa-aussenpolitik/europapolitik/zukuenftiges-verhaeltnis-eu-uk-brexit/

[2] https://www.bundeskanzleramt.gv.at/themen/brexit/aufenthalt-zugang-zum-arbeitsmarkt.html

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