Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions.
In what circumstances is a visa required for business visitors?
A business visa (hence a work visa) is always required if a visitor is working in Austria on a particular project or assignment or providing particular services, regardless of the period of stay or the nationality of the applicant. A work permit must also be issued.
In limited circumstances (eg, business meetings, conferences and trade fairs) no visa is necessary, provided that the visitor is a national granted visa-free travel to Austria.
What restrictions are imposed on business visitors in terms of the work that they may undertake and their period of stay in your jurisdiction?
A business visitor may only work if a work permit (or residence permit with an integrated work permit) has been issued. Work visas are granted for a period of up to six months. For longer stays, a residence permit along with a work permit is necessary. Seasonal workers can receive a visa for up to nine months.
Application and entry
How are business visitor visas obtained and what is the typical turnaround time?
First, a pre-work permit (a so-called ‘guarantee certificate’) must be obtained from the local Labour Market Authority office. A work visa can then be applied for personally and directly at the Austrian Embassy. In some embassies, an appointment must be booked in advance; other embassies use visa application centres, which are spread throughout the country. After travelling to Austria, the final work permit must be applied for and issued.
The typical turnaround time is five to eight weeks.
Are any visa waiver or fast-track entry programmes available?
All third-country nationals who are working in Austria need a work visa, regardless of whether they are granted visa-free travel. Third-country nationals with a valid residence permit from an EU-Schengen country are advantaged.
What rules and procedures apply for visitors seeking to undertake short-term training in your jurisdiction?
Training is possible in cases of:
- joint ventures between two entities for no longer than six months;
- posting of trainees to the headquarters of an international group for no longer than 50 weeks; and
- internal rotational programmes for young employees, lasting no longer than 24 months per stay.
In all of these cases a training declaration must be applied for at least two weeks before commencement of the training. A visa or a residence permit must be obtained.
There is also intra-company training, for which an intra-company transfer permit is issued.
In what circumstances is a transit visa required to pass through your jurisdiction? How is it obtained?
According to the EU Visa Code Regulation (810/2009) nationals of the following countries need a transit visa:
- Democratic Republic of Congo;
- Somalia; and
- Sri Lanka.
A government regulation may require further nationals to apply for a transit visa (presently this applies only to Syrian nationals).
Click here to view the full article.