location austria. the film commission of austria.

Work Permits

1. Work Permits for EEA Citizens
Within the framework of the free movement of labor and the freedom to establish residence, EEA citizens are entitled to work in an employed and self-employed capacity in Austria as long as they are in possession of valid travel documents. EEA citizens, who wish to stay longer than three months in Austria, need to file a registration form (Anmeldebescheinigung) with the regional Immigration Office, (Magistratsabteilung 35 for Vienna).

2. Work Permits for non-EEA Citizens
According to the Austrian Foreign Citizens’ Employment Act, non-EEA citizens wishing to be employed in Austria require ONE of the following documents next to a valid residence permit (which is typically filed at the Austrian diplomatic representations in their home country): an employment authorization, a key worker permit, a delegation permit, a EU delegation permit, a work permit, or a work permit waiver. All application forms are available at the Public Employment Service Austria (www.ams.at) and are not required if applicants are in possession of a permanent EU residence permit, a Red-White-Red Card Plus, or a permanent residence permit. All work-related permits are issued by the regionally responsible AMS office. All residence permits are issued by the regionally responsible immigration office (Magistratsabteilung 35 for Vienna, and regional authorities, called Bezirkshauptmannschaften, for other regions).

Magistratsabteilung 35 (MA 35)
Immigration, Citizenship, Justice of Peace
Dresdner Straße 93
A - 1200 Vienna, Austria
ph: +43 (0)1 4000 -3535
fax: +43 (0)1 4000 -9935010

Public Employment Service Austria (AMS) 
Landstraßer Hauptstraße 55-57
A - 1030 Vienna, Austria
ph: +43 (0)1 87871
fax: +43 (0)1 87871 -50 490

Simplified visas, residence permits, and work permits
for non-EEA artists

Conditions have been simplified for visas and residence permits for members of an artistic production (i.e. filming in Austria),. The Austrian employer has to file a Secured Permit Confirmation for Artists (Sicherungsbescheinigung für Künstler) with the local AMS office, which covers both creative and technical staff. The Secured Permit Confirmation, an assurance that the employer will receive work permits for those hired non-EEA citizens who legally enter the country, has to be presented to the responsible Austrian diplomatic representation abroad and is valid for up to 26 weeks.

According to the Foreign Citizens’ Employment Act (AuslBG), foreign artists can receive work permits even when conditions are not fulfilled, unless the infringement on Austrian public interest is greater than the infringement on the foregein artists freedom of practicing his/her art.

Employers who are not EEA citizens and whose companies do not have offices in the EEA must also file a Secured Permit Confirmation for their non-EEA employees (i.e. in case there is no Austrian co-producer).  In these cases, it is advised to delegate power-of-attorney to an Austrian person or company who files the applications in the Austrian company‘s name.

Work Permit Waivers

Non-EEA citizens who work in film, radio, and television, including performing artists, are allowed to work one day in Austria without work permit. If they are part of an artistic production (i.e. filming in Austria) and in order to secure uninterrupted filming, recording, and taping, they may work in Austria without work permit for up to four weeks. The producer or event organizer has to merely inform the local Public Employment Service (AMS) on the first day of work. These four-week stints may be repeated as long as there is some time abroad in between.

Short-term work which does not exceed a four- week period and can only be performed by an “irreplaceable” foreign employee, may also be conducted without a work or delegation permit. Each case has to be clarified with the Public Employment Service, which then issues an authorization in reference to the Austrian Foreign Citizens’ Employment Act, Art. 18, Par. 2.

The above scenario is used most commonly by production companies. Location Austria will gladly process this application on behalf of an international production company after they supply the following information: name and address of the production company, list of crew members (including name, date of birth, passport number, and job title), production dates, intended locations, and accommodations (hotel) in Austria.

Delegation Permit

Non-EEA citizens who are working for a company without EEA headquarters and are sent to Austria for work on a project lasting no longer than six months, require a delegation permit, which is valid for up to four months.The permit neeeds to be renewed after this 4-month period. Applications for a delegation permit can be filed at the Public Employment Service (AMS) by the employer or the employee. Permits are renewed automatically until the actual decision date if renewal applications are filed in time. According to Austrian immigration laws, conducting work with a delegation permit is only possible for holders of a valid residence permit (see above).

EU Delegation Permit

Should non-EEA citizens be sent to Austria by a company with headquarters in the EU in order to work temporarily for an Austrian company, their employment must merely be reported to the Public Employment Service (AMS). Applicants must be eligible for employment in their country of origin and be lawfully employed with their employer. In addition, compliance with applicable salary, labor, and social security laws is required.

Work Permit Exemption

Work permit exemptions are issued for non-EEA citizens who have been lawfully employed for a total of 52 weeks within the preceding 14 months. However, work with a work permit for artists is not counted against the 52 weeks. Spouses or unmarried children of eligible non-EEA citizens who have lawfully resided in Austria for the preceding 12 months are also eligible for a work permit exemption. Work permit exemptions are valid for a period of two years and issued for a specific Austrian State.

Work permit exemptions are commonly issued to non-EEA citizens who have been lawfully employed in Austria for a minimum of five years during the preceding eight, or have completed the last year of mandatory schooling in Austria with one parent having been employed for at least three out of the last five years, or are the family member of an Austrian or EEA-citizen and therefore exempt from the Austrian Foreign Citizens’ Employment Act.

Work permit exemptions are valid in all Austrian States for a period of five years.