Do I lose my red-white-red card - i.e. my residence permit - if I change employers?

In my years of practicing law I have experienced that many questions regularly come in different versions but deal withe the same sujbect matter . This is the case with the following topic: 

Many clients have repeatedly asked if a change of employer can lead to problems for third country nationals. What they meant was, if it could result in a potential loss of a residence permit. To answer this question, it is necessary to look at the starting point. 

Generally one must differentiate between EU/EEA citizens and citizens of other states (these are referred to as third country nationals).  

Generally one must differentiate between EU/EEA citizens and citizens of other states (these are referred to as third country nationals).  

EU/EEA citizens are subject to much stricter regulations and enjoy the right of travel and residence. 

Third country nationals, as opposed to EU/EEA citizens, have considerably more limited freedoms in the labor market. 

Regulations concerning third country nationals will be treated as follows:


Foreign nationals have to meet certain requirements to
pursue employment in Austria. 

What are the conditions under which foreign nationals are allowed to work in Austria?

Foreigners' employment law regulates how third-country nationals can pursue legal employment in Austria.
The prerequisite for being allowed to work legally as a foreigner in Austria is a residence permit (this can be a residence permit or a settlement permit).

The most frequently issued residence permit is the “Red-White-Red” card (also called RWR). The RWR card, however, is only issued under special conditions, which are listed in Section 20d of the Foreign Nationals Employment Act.

1. Particularly highly qualified,
2. Specialists in occupations experiencing labor shortage,
3. Other highly skilled workers
4. Graduates from an Austrian university,
5. Self-employed highly skilled workers
6. Start-up founders.

In the context of a change of employer - which was our initial question - of course only dependent employment is relevant.
And here we finally delve into answering the original question:

The “Red-White-Red Card” is issued for one of the conditions listed above; for a single, concrete case.

This means that this residence permit (in the case of an employment relationship) is only issued to a very specific (Austrian) employer.

If the employment at this specific employer is terminated, it directly leads to the loss of the residence title - i.e. the red-white-red card.

Can the cancellation of the Red-White Card- upon loss of employment status be prevented? 

In principle the law provides only one opportunity to transfer the "Red-White-Red-Card". What is needed for this is to initiate an "amendment of purpose proceeding" on time.
On time in this context means to inform the authorities about the change in purpose promptly. 

If this is not don, the residence permit will be cancelled

The term “application for change of purpose” is defined in the Immigration and Residence Law as an “application for a residence title with a different purpose during the validity period of the existing residence title”.

What is a change of purpose proceeding?

The term “application for change of purpose” is defined in the Immigration and Residence Law as an “application for a residence title with a different purpose during the validity period of the existing residence title”.

Furthermore the law states that, accordingly, a third country national can change the purpose of his residence during his stay in Austria. To do this he has to instantly inform the domestic authorities.

Such change of purpose is only admissible if the foreigner "meets the conditions of the applied residence permit and, if rquired, a quota place is available.

Even in the event of a transfer of business, the red-white-red card - in the event of inactivity - cannot be shielded from revocation.

What about a transfer of business with the red-white-red card?

Since the employer remains the same during a transfer of business, one might believe that the residence title “Red-White-Red” card remains valid.

Take caution: The courts in Austria see it differently and have decided in a specific dispute that a change of purpose procedure should have been initiated in this case as well.

Even in the event of a transfer of business, the red-white-red card - in the event of inactivity - cannot be shielded from revocation.

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As noticed, when it comes to answering the initial question, it becomes more than a simple yes- or no- matter.

To determine if a change of employers in connection with the "red-white-red-card" can lead to considerable difficulties, one needs to look at the specific case. 

We know that so much information can be overwhelming. In addition to the legal text, a trainload of case laws and official decions is attached, that can make the conclusion of the proceeding more unpredictable. 

We have years of experience in the legal field of alien's law and have sucessfully managed hundreds of proceedings in the same subject matters for our clients. We know what to pay attention when it comes to communicating with the authorities and judges.

Feel free to contact us today for a initial non-binding consulation so that together we can work towards a solution. 

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