Residence permit
Back to: The Austrian Asylum System and its Functions
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In principle, refugees who apply for asylum normally have de facto protection against deportation. This means that they may remain in Austria until a decision has been made on this application. For subsequent applications there are sometimes other regulations.
Asylum in Austria – entitled to asylum under the Geneva Refugee Convention
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A positive conclusion of the asylum procedure means that these persons are considered recognised refugees under the Geneva Convention because of the risk of persecution in their country of origin on the grounds of race, religion, nationality, membership of a particular social group or political conviction.
The positive asylum decision means:
- (a) a right of residence for three years. If asylum seekers are still threatened in their home country after three years, they are granted an unlimited right of residence. If significant and lasting changes have occurred, the Federal Office of Foreign Affairs (BFA) initiates a denial procedure. Denial is also possible later at any time.
- (b) Access to the Austrian labour market without restrictions.
- (c) Deregistration from the universal service by the Federation/Länder after a maximum of four months.
- (d) the end of health insurance associated with primary care after four months at the latest.
- (e) that the persons concerned have to pay their own maintenance. However, they are entitled to social benefits such as Austrian benefits (application for demand-oriented minimum income support, family allowance, etc.).
For integration support in Vienna see also http://www.interface-wien.at/view/content/4-asylberechtigte
Subsidiary protection – in accordance with the European Convention on Human Rights
The application is rejected as asylum but granted subsidiary protection.
Persons entitled to subsidiary protection have received a negative asylum decision, but cannot be deported for humanitarian reasons. This means that they are not „recognised refugees“ under the Geneva Convention. If they were to return to their country of origin, their lives or their integrity would nevertheless be threatened. Therefore, these persons are granted a temporary right of residence for one year. The period can be extended for a further two years after the end of the first year. They receive a grey card for beneficiaries of subsidiary protection and retain their social security number.
Humanitarian residence permit – residence permit for reasons worthy of consideration
The application is rejected for both asylum and subsidiary protection, but a residence permit is issued for* reasons worthy of consideration.