Immigration

Austria | New residence permit for cross-border commuters

Summary

As of 1 December 2025, Austria introduced a new residence permit for cross-border commuters, which allows third-country nationals of neighbouring countries to work regularly in Austrian companies without having residence in Austria. The reform aims to help Austrian companies at the border-region to address skills shortages by enabling access to qualified cross-border workers.

The detail

Until now, third-country nationals living in neighboring countries to Austria and wishing to commute to work in a political district in Austria that directly borders this country (or the statutory cities of Eisenstadt or Rust) had no appropriate residence permit available, unless they physically moved to Austria. The new residence permit for cross-border commuters called “Aufenthaltsbewilligung für Grenzgänger” will enable these third-country nationals to obtain an Austrian residence permit to repeatedly (or daily) enter Austria to carry out work based on an employment contract to an Austrian company. This is a unique pathway for third-country nationals in neighboring countries to work for a foreign employer at the bordering districts.

The law specifies that the permit is valid for the duration of the employment relationship but must last at least for six months. The permit is regularly issued for a year with the option of renewal.

The new permit does not establish any derivative rights for family members. Any third country commuter who currently works in Austria on the basis of a mere work permit may simply switch to the new permit until 31 December 2025, provided that their employment remains active.

Requirements to obtain the permit:

• Only holders of a permanent residence permit in a neighbouring country to Austria with unrestricted access to that labour market can qualify.
• The Austrian employer company must secure a positive assessment from the Labour Market Authority (AMS) confirming that no suitable equivalent employee is available and that employment conditions comply with the statutory requirements.
• Comprehensive health insurance is a must, as well as being no threat to public order or security.

Certain general admission requirements for residence permits are waived such as:

• The need to demonstrate accommodation in Austria, or
• To prove that the applicant will not become a financial burden on Austrian regional authorities, because the commuter’s legal and economic life remains outside Austrian territory

What this means

This reform is likely to make Austrian companies more attractive to any third country national with a permanent residence permit living in a neighbouring country. It will allow border-region employers access to a larger talent pool without the requirement for employees to necessarily relocate to Austria.

How we can help

• Assessment of eligibility and suitability for this immigration route
• Application of residence permit and support throughout the process

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Valentina Arnez
Partner, Attorney at Law (Arnez Rechtsanwalts GmbH*)

Nora Kelani
Manager, Vialto Partners Austria

* Please note that Arnez Rechtsanwalts GmbH is cooperating with the Vialto Partners network and is a member to the Vienna Bar Association, registered as an independent legal entity under Commercial register No. FN 596972a.

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