How long will it take to get
an employee on site with an Austrian work permit?
The supporting documentation needed is quite extensive and
can take some time to collect, it must be submitted in German,
so translations should be taken into both time and financial
budgets. Once the application has been lodged, processing
usually takes about 7 weeks.
When the work permit is approved the candidate must apply
for a residence visa to travel to Austria and start work.
Can my company obtain
Austrian work permits?
There are two possible ways for the candidate to be
employed with a work permit:
- As the direct employee of an Austrian company, this is a
Sicherungsbescheinigung (Secured work certificate)
application.
- As the employee of a foreign company that is providing
services to an Austrian company. This foreign company may
not be a recruitment agency and must produce a service
contract as part of the application. In this scenario, an
Austrian accountant must administer the payrolling of the
candidate to ensure that all tax and social security is duly
paid. This is an Entsendebewilligung (Assignment permit)
application.
Does the candidate qualify
for an Austrian work permit?
The candidate must be shown to have sufficient experience
to fill the position.
If the application is for an assignment permit then the
candidate should have at least 6-12 months experience with the
service provider, to justify the claim that they have
experience with the company's systems.
How do I apply for an
Austrian work permit?
Once the application is assembled – which can take some
time – The application can be lodged at the local AMS (Arbeitsmarktservice),
where it will be processed.
Once the work permit application is approved, the candidate
will need to make a residence visa application in their usual
country of residence. The candidate will probably need to
present a police clearance certificate and an original birth
certificate to be granted this visa, so it is worthwhile
assembling these documents in advance.
Austrian work permit FAQs
What is the difference
between a work permit and a visa?
A work permit is permission for a company to employ a
foreign worker given by the labour authorities. It does not
allow the candidate to travel to or reside in Austria. Once
the work permit has been approved the candidate should apply
for a residence visa (type D), a scengen (type C) visa is not
sufficient to take up employment with a work permit.
What is the difference
between "body shopping" and providing a service?
It is not possible to obtain a work permit for a candidate
who is being body shopped, but it is possible for a candidate
under a contract to provide services. The key differences are:
- The sponsor may not be a recruitment agency.
- The staff remain on the payroll and line management of
the service provider.
- The services are above and beyond that of just a
contractor – e.g. consultants assisting in the installation
of a propriety product sold to a client.
- The services provided must be shown to be in the normal
run of operations for the service provider.
What elements should be
included in a service contract to ensure that it is suitable
for a work permit application?
A provision of service contract should include the
following elements:
- The day to day line management of the consultants
remains with the service provider
- It should include warranted deliverables.
- It should cover the entire period for which the permit
is required.
It should be signed by both parties, and on the client
headed paper |
