In this lesson, you will learn about the regulations concerning residence and work permissions for seasonal workers in Austria.
If you are a citizen of a country of the EU (European Union) or the EEA (European economic area) you can stay in Austria without visa for a period of three month. You can stay more than three months in Austria if you:
- are employed or self-employed in Austria.
- have adequate means of subsistence to support yourself and your dependants and have sufficient health insurance coverage for yourself and your family members.
- attend an Austrian school or recognised educational institution as a main purpose of your stay, have sufficient means of subsistence and have sufficient health insurance coverage.
These rules are regulated in the so-called “EEA Agreement on the free movement of workers” and means that you as an EEA citizen do not need a work permit for employment.
Third-country citizens in agriculture
If you are not a citizen of the EEA, you are a so called third-country national and there are special regulations for residence and work permits.
Every year the Public Employment Service (Arbeitsmarktservice - AMS) determines a quota for the number of third country citizens that can work as seasonal workers in agriculture.
Your employer applies for the quota permit (Kontingentbewilligung). To get a residence and work permit in order to work as a seasonal worker and harvest helper in agriculture, you must apply as a third country citizens. You apply at the Public Employment Service (AMS).
The maximum employment period as a seasonal worker from a third country is six months. Within a period of twelve months, seasonal workers may be employed under quota permits for a maximum period of nine months.
Quota permits for harvest helpers may only be issued for a maximum of six weeks.
If you have a registration as regular seasonal worker (under certain circumstances it was possible to register for that till April 2012) there are other regulations.
Seasonal workers and harvest helpers from Croatia
If you are a seasonal worker or a harvest helper from Croatia, there are different regulations. Although you still need an employment permit, you will be given preferential treatment over third-country nationals.
As a seasonal worker from Croatia, you may obtain a work permit valid for a continuous period of nine months in agriculture/forestry if you were employed as a seasonal worker in agriculture/forestry in the preceding three years.
Entry and residence of seasonal workers and harvest helpers
Depending on the planned duration of work, the visa categories applicable for all seasonal workers (from countries subject to visa requirements as well as those under a visa-free regime) are either category D visas or category C visas.
As a seasonal worker, you must submit your application personally with the competent Austrian representation abroad.
A visa will be granted if
- general visa requirements are fulfilled and
- a valid employment permit issued by the AMS is available.
If you are a seasonal worker, who has repeatedly worked in this capacity in Austria while lawfully residing in federal territory ("bona fide"), you may apply for a category C visa (=visa for up to 90 days within 180 days) with an overall validity of up to five years (comprising several short seasons), notwithstanding the maximal duration of stay of 90 days per 180 days. This applies to short-term seasonal work. You will still need an employment permit for each season.
PLEASE NOTE
If you intend to stay in Austria for more than 90 days, or if you have already an employment permit with a validity period of more than 90 days, you must apply for a category D visa with the competent Austrian representation abroad, notwithstanding the existence of a category C visa with an overall validity of up to five years.
In case your existing employment permit is renewed, or you receive another employment permit, you may apply for visa renewal in Austria, if you are lawfully residing in federal territory on the basis of a visa for seasonal workers. You must submit the application with the locally competent State Police Directorate (Landespolizeidirektion – LPD).
You can take up employment as a seasonal worker only after your visa has been issued. As a seasonal worker, you are not entitled to permanent settlement and family reunification.
Be aware that the regulations about residence or work permission can be changed if there are new laws. If you are refugee or asylum seeker there are also different regulations.
Learn more here:
https://www.migration.gv.at/en/types-of-immigration/fixed-term-employment/seasonal-workers/
https://www.ams.at/unternehmen/service-zur-personalsuche/beschaeftigung-auslaendischer-arbeitskraefte/beschaeftigung-auslaendischer-saison-arbeitskraefte