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LIVING IN AUSTRIA

Anmeldebescheinigung: How to get Austria’s crucial residence document

If you are a citizen from an EU country, Iceland, Norway, or Switzerland, you have the right to reside in Austria, but you need to apply for a residence document within four months of arrival.

Street in Graz Austria
As an EU or EEA citizen you have the right to live in Austria if you're working, studying or have the means to support yourself financially, but you still need this key document. Photo: Antonio Šećerović/Pexels

The EU’s freedom of movement enables citizens to move to another country in the bloc relatively easily, but there are still some conditions you need to meet.

As a citizen of an EU country, Iceland, Norway or Switzerland, you have the right to live in Austria for more than three months as long as you meet one of the following criteria:

  • Being employed or self-employed in Austria
  • Studying at a recognised Austrian institution
  • Having sufficient financial means to support yourself

As well as fulfilling one of these conditions, you also need valid health insurance for Austria.

If you are working legally in Austria, you will have this automatically, either through the Österreichische Gesundheitskasse (ÖGK) if you are employed by a company or through the Sozialversicherungsanstalt der Selbständigen (SVS) if you are self-employed.

As a student or self-supporting person, you will instead need to find your own comprehensive health insurance policy; your European Health Insurance Card (EHIC) might be sufficient for students who aren’t in Austria long-term, but this doesn’t cover all medical visits so it is generally worth getting a separate health insurance policy.

When you arrive in Austria, you need to register your residence within three days, and at this point you will receive a Meldebestätigung (proof of residence). However, the process of getting your registration certificate (Anmeldebescheinugung) does not happen automatically after the initial registration.

You need to submit your application for the Anmeldebescheinigung within four months of your arrival in Austria, and you do this in person at your local MA35 office, the government department responsible for immigration and citizenship matters.

You need to make an appointment to attend the office in person.

If you live in Austria for five continuous years as an EU/EEA citizen, you automatically receive the right of permanent residence. You do not need to apply for any specific document to prove this or to continue living in Austria, but if you want to, you can apply for a certificate of permanent residence.

The documents you’ll need are the following (it’s a good idea to bring both the original and a copy):

  • Valid ID or passport
  • A completed Anmeldebescheingung form: Most of the details here are simple to fill out. You’ll need your personal information (name, date of birth, parents’ names, marital status), your current residential address, and to note which of the criteria for residence you meet and which company you have health insurance with. You can fill out the form before your visit, but you usually sign it when you have your in-person appointment, not before.
  • Proof of employment or self-employment if you’re working: This would be a work contract for employees, while self-employed workers can show their tax number, trade licence if applicable, contracts with clients, and/or other proof of your business.
  • Proof of studies if you’re studying: This could be a certificate of enrolment, and you may also need to show proof that your place of study is accredited. Your university’s student office should be able to help you get the documents you need.
  • Proof of sufficient funds and health insurance if you are either studying or self-supporting: This includes your insurance certificate, and proof of your bank balance or pension statements for example. Students who are being supported by their parents should be able to show confirmation from their parents of a monthly allowance.
  • Your proof of residence in Austria (Meldebestätigung)

Your documents will need to be in either German or English, so documents in other languages need to be translated by an authorized translator.

Getting the certificate costs €15, and there may be additional fees depending on which foreign documents you provide. Not getting it is potentially more expensive though (not to mention illegal) as you could face a fine of up to €250.

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LIVING IN AUSTRIA

What happens if you get arrested in Austria?

It’s always good to know your legal rights when living as a foreigner in Austria - including if you get in trouble with the police.

What happens if you get arrested in Austria?

Getting arrested is probably not high up on a list of must-dos for international residents in Austria, but it’s not a bad idea to know what would happen if you did.

In a nutshell, the process in Austria is similar to most other countries in that you have to be suspected of committing a crime to be arrested.

But what happens next? What are your rights? And how long can someone be held in custody?

Here’s what you need to know.

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When can someone be arrested in Austria?

If someone is suspected of being a criminal, they can be arrested by the police and taken to a police station for questioning. 

Under the Austrian Code of Criminal Procedure, suspects must be informed of their rights as soon as possible, or at the very least before being interrogated by the police.

They also have a right to remain silent or to make a statement, as well as consult a lawyer.

According to Vienna-based attorney Evert Vastenburg, the initial detainment after arrest can last up to 48 hours while a judge decides whether a person should remain in custody or not.

A suspect can then be released on bail or under certain conditions, such as handing over a passport to police.

However, those suspected of serious crimes that typically lead to a prison sentence of 10 years or more (if found guilty) are almost always remanded in custody.

READ MORE: Austria wary of cyber attacks after personal data of foreign residents leaked online

When is someone remanded in custody?

To be refused bail and remanded in custody, there must be serious suspicion that another crime could be committed. 

The judge also must believe there is no other way to deal with the suspect. For example, he/she needs to be readily available to the authorities for questioning.

Another valid reason to keep someone in custody past the initial 48 hours is the risk of someone absconding. In fact, Vastenburg says a flight risk is often assumed with people that do not live and work in Austria.

Other reasons to deny a suspect release are a risk that evidence will be destroyed, witnesses will be contacted, or there is a possibility that further crimes will be committed.

What happens if bail is denied?

If bail is denied and a person must be held in custody for more than 48 hours, they have to be legally represented by a lawyer.

If a suspect can’t afford to hire a lawyer, they will be appointed a Verfahrenshilfe (public defender) by the state.

The case will be then reviewed by a judge on a regular basis to decide if custody should continue.

The first review will take place after 14 days, then at one month and every two months, but a suspect can petition for release at any time.

READ ALSO: Six tourist scams to be aware of in Austria

How many foreigners are in Austrian prisons?

According to data from the Austrian Judiciary, the number of foreigners in Austrian jails as of June 1st 2022 was 4,332 – almost 50 percent of all prisoners.

In relation to the statistics, the Austrian Judiciary states: “The high proportion of foreigners is one of many challenges for the Austrian penal system. 

“In particular, with regard to successful rehabilitation, the fastest possible transfer to the countries of origin is encouraged.

The most common nationality of foreign prisoners in Austria is Romanian, followed by people from the former Yugoslavian states, Hungary, Nigeria and Turkey.

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