For Employers

As an Austrian employer you can hire specialists (Fachkräfte) from a third country nation but in order to do this, your future employee has to apply for a residence permit.

The legal situation

The Austrian Law on the Employment of Foreign Nationals Act, or AuslBG, in combination with the Settlement and Residence Act (NAG), sets out the regulations for the employment of foreigners.

These laws are fundamental to companies in Austria seeking to recruit international professionals. Third-country nationals, i.e., non-EU citizens, require at least a work permit for employment. A residence title is also required for a stay of more than six months in Austria.

Generally, two government agencies are responsible for the employment of foreigners:

• The Public Employment Service Austria (AMS) regulates the aspects of labor law.
• The Immigration, Citizenship, and Registry Offices are responsible for residence law issues.

On talscope.at we represent your job position and employer brand to highly qualified specialists in third countries outside of European union due to our direct onsite online and offline activities.

Suppose your skilled worker is immigrating to Austria from a third country for the first time and planning to live here long-term. In that case, the various red-white-red cards and the EU blue card are necessary.

Your future employee needs to submit the required documents to Austria's embassy in his home country.

As a faster alternative he or she can send his required documents to you, and you can submit them to the NAG authority responsible for the applicant's place of residence (district authority, magistrate).

The investigation takes normally up to 3 months and after confirmation, in case of need, visa will be issued for your future employee and he or she can enter to Austria for pick up his/her residence permit.

Here are the documents that needs to be prepare by you as an employer:

1. Arbeitgebererklärung
2. Work contract based on Collective Agreement (Kollektivvertrag)

Documents that need to be provided from your future employee. (All of following documents must be translated in German and legalized by the Embassy of Austria)

1. Application form
2. Valid passport as proof of identity. personal documents such as birth or marriage certificates
3. A passport photo, meeting EU criteria and no older than six months.
4. Documents proving the qualification:
   • Optionally, a current CV
   • proof of qualifications or training (university diplomas, etc.)
   • proof of professional experience (employer testimonials, recommendations, etc.)
   • language certificates
5. Criminal record(s): Depending on country of residence, one or more criminal records.

Certification documents may be required for application. The criminal record must not exceed three months of application date.

• Total fee is € 160 detailed as follow.
• Application fee is € 120
• Granting fee is € 20
• Personalization (signature, photo scan, and fingerprints) € 20

Each residence permit will be issued bound on a specific employer and is valid for two years.

That means the employee which you hired from a third country has to work for your company for a minimum time of two years.

If he or she wants to leave before two years, he or she needs to restart the investigation process of residence permit from the beginning.

You can stop the cooperation based on your contract exactly in the same way of a normal Austrian employee.