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Austria
Temporary Protection - Austria
Temporary Protection - Austria
Overview
Relevant EU legislation
Austria transposed the Temporary Protection Directive in 2003 and activated temporary protection for displaced persons from Ukraine by issuing an order, the Displaced Persons Order | Vertriebenen-Verordnung on 11 March 2022. Following the latest extension, residence permits are valid until until 4 March 2027.
National legislation
11 March 2022: Displaced Persons Order | Vertriebenen-Verordnung
1 January 2005: Asylum Act (Federal Act on the granting of asylum) | AsylG: Bundesgesetz über die Gewährung von Asyl, StF: BGBl. I Nr. 100/2005, Sectio 62
Competent authority and stakeholders
| Area | Competent national authority | Assistance to the competent authority (if applicable) |
|---|---|---|
| Screening at the external border (if relevant) | n/a | n/a |
| Biometric data (if relevant) | Police | Polizei | n/a |
| Granting temporary protection | Federal Office for Immigration and Asylum | Bundesamt für Fremdenwesen und Asyl (BFA) | n/a |
| Issuing the residence permit | Federal Office for Immigration and Asylum | Bundesamt für Fremdenwesen und Asyl (BFA) | n/a |
| Providing accommodation | Federal Agency for Reception and Support Services (BBU GmbH) and 9 federal provinces l Bundesagentur für Betreuungs - und Unterstützungsleistungen + 9 Bundesländer | Police | Polizei |
| Medical care | n/a | Austrian Health Insurance Fund (ÖGK) | Österreichische Gesundheitskasse (ÖGK) |
| Social welfare | Basic welfare system of the federal states |
Eligibility
According to the Displaced Persons Order | Vertriebenen-Verordnung the following categories of people are eligible for temporary protection:
- Citizens of Ukraine residing in Ukraine who had to leave Ukraine due to the armed conflict as of 24 February 2022.
- Other third-country nationals or stateless persons with international protection status, with asylum or complementary protection in Ukraine or any comparable national protection status granted before 24 February 2022 under Ukrainian law, who had to leave Ukraine due to the armed conflict as of 24 February 2022.
- Family members of the groups listed above, provided they were residing in Ukraine as family members before 24 February 2022 and also family members who are not Ukrainian citizens or who do not meet one of the other conditions for the right of residence as displaced persons for other reasons. Family members include spouses and registered partners, unmarried minor children of persons from the above-mentioned groups 1 and 2 or of their spouses or registered partners, other close relatives of persons from above mentioned groups 1 and 2 who lived together in the same household before displacement and who were completely or mainly dependent on them.
In addition:
- Citizens of Ukraine who were lawfully residing in Austria visa-free or with a visa on 24 February 2022, after the end of the visa-free stay or the expiry of the visa if they cannot return to Ukraine or the state of their residence. This applies to Ukrainian citizens who were on a trip to Austria at the beginning of the war and lived in Ukraine or another state to which they cannot return. Persons who lived in another state and can return there are not included.
- Citizens of Ukraine with a valid residence permit in Austria on 24 February 2022, after the end of the period of validity if they cannot return to Ukraine. This only applies to cases where the residence permit has not been renewed. Persons with currently valid residence permits are not included because they are still lawfully residing in Austria.
According to the § 2. of the Displaced Persons Order | Vertriebenen-Verordnung, family members are the following categories of people who are eligible to apply for temporary protection:
- Family members include spouses and registered partners, unmarried minor children of persons from the above-mentioned groups 1 and 2 or of their spouses or registered partners, other close relatives of persons from above mentioned groups 1 and 2 who lived together in the same household before displacement and who were completely or mainly dependent on them.
Admission to the territory
Ukrainian nationals can enter Austria without a visa and stay visa-free for up to 90 days. The personal data should be recorded by the police.
Provision of information
Information platforms (websites)
The Federal Ministry of the Interior has a dedicated website, Ukraine information, for displaced persons from Ukraine who arrive in Austria.
The Federal Office for Immigration and Asylum has a FAQ website
The Federal Agency for Reception and Support Services (BBU) has a dedicated website, Information for Ukrainian citizens in Austria, which includes information on access to accommodation, education, residence registration, etc. On its website the BBU has a FAQ section in English, German, Ukrainian and Russian and also a YouTube channel providing information.
Austrian Integration Fund (ÖIF) has a dedicated page for Ukrainians.
Leaflets
- FAQ brochure prepared by the BMI
- Information sheet for arriving persons from Ukraine in English, German, Ukrainian and Russian
- Information Leaflet on Extension of residence rights for displaced persons from Ukraine
Dedicated contacts
Telephone line: +43 1 2676 870 9460, BBU hotline In Ukrainian, Russian and English available 24/7 and in German from 8.00 to 18.00 from Monday to Friday.
Procedural aspects
Procedure to register and be granted temporary protection
An application for temporary protection can be submitted at police stations. Initial registration is carried out by the police, either at specific police stations or in special reception or registration centres.
After the application is submitted and biometric data are recorded, the Federal Office for Immigration and Asylum BFA issues an identity card for displaced persons attesting the status of the applicant for temporary protection.
Residence permits for eligible beneficiaries are automatically renewed when the validity of temporary protection is extended by the national authority. the residence permits for displaced persons from Ukraine are currently valid at least until 4 March 2026.
| Registration | Initial registration is carried out by the police, either at specific police stations or in special reception or registration centres. Fingerprints are taken for persons older than 14 years. Applicants need to fill in a form which will be submitted at registration. Documentation: Any relevant documents, such as a passport, birth certificate, marriage certificate, other personal documents or any other identity documents (e.g. identity card, driving license or residence permit). |
|---|---|
| Residence permit | The Federal Office for Immigration and Asylum (BFA) issues an identity card for displaced persons after registration. If any further information is required, the BFA may contact the applicant and invite them to an interview to gather any missing data (e.g. this could be the case if the passports is not available). As soon as all the details are complete, the identity card for displaced persons will be sent to the registered address, the delivery address provided at registration or a registered recipient. In some cases, it may be necessary to register the fingerprints again in order to issue the identity card. This will be carried out by BFA staff. Enclosed with the personal identity document for displaced persons is essential information about staying in Austria. The information is available in several languages. It is compulsory to register one's residence. Registration of the residence takes place at the municipal office. It is important to inform the registration office of any subsequent change of residence as this will also ensure that the BFA can send the identity card for displaced persons and reach them in case of further enquiries. |
| Legal aid | Information currently not available. |
| Appeal | Information currently not available. |
| Exclusion | The right of residence ceases to be valid if there are grounds for exclusion. Reasons for exclusion include war crimes or crimes against humanity, serious offences and similar. |
| Termination/Withdrawal | Information currently not available. |
Reception and accommodation
Overview
The Federal Agency for Reception and Support Services (BBU) is responsible for the accommodation of and material reception conditions at the initial arrival centres of the federal states or federal accommodation facilities. The BBU provides shelters for those who do not have the financial means to organise accommodation. Temporary housing, food and non-food items are provided in the shelters. The police is also a first contact point and they will get in touch with the coordination office of the BBU after an initial clarification of the accommodation situation.
Organisation of reception and accommodation
Initial reception: The federal states set up arrival centres which serve as the first contact point and orientation. More information about existing arrival centres from the basic welfare offices of the federal states.
Accommodation: Displaced persons from Ukraine will be assigned by the Federal Agency for Reception and Support Services (BBU) coordination office to organised federal accommodation facilities or the arrival centres of the federal states.
Provision for means to obtain housing: Basic services and means to obtain private or individual housing are determined in accordance to regulations from the respective federal states and different amounts may apply.
In the context of private or individual accommodation, the following maximum rates apply (since July 2023):
- Rent (individual): Up to EUR 165,00/per person/per month
- Rent (families of more than 2 people in total): Up to EUR 330,00/per family/per month
- Subsistence (food) for adults: Up to EUR 260,00/per person/per month
- Subsistence (food) for minors: Up to EUR 145,00/per person/per month
Rights of people granted temporary protection
| Rights | Description |
|---|---|
| Access to the labour market | A person who is granted temporary protection has access to the labour market once the identity card for displaced persons has been obtained. However, it is necessary to register with the Austrian public employment service (AMS) which provides advice on employment and issues the employment permit. The AMS will collect data such as education, professional experience and skills, and other personal information. The Austrian Integration Fund (ÖIF) provides a wide range of free services to displaced persons, refugees and immigrants in Austria, such as German courses for all language levels from A1 to C1, orientation courses on living and working in Austria, and information on accessing the labour market in Austria. More information is available at the Austrian Employment Centre website. |
| Access to medical care | Displaced persons from Ukraine who are granted temporary protection are covered by health insurance and receive primary care from the federal government or the federal state under the same conditions as nationals. After registration, they will be assigned an insurance number as proof of health insurance which will be used to issue an e-card at one of the customer service points of the Austrian Health Insurance service (ÖGK) . |
| Social welfare assistance and means of subsistence | If a displaced person from Ukraine has no financial resources or accommodation possibilities with relatives or friends, they are included in the basic welfare system of the federal states (accommodation and meals). |
| Education | Children can go to the school of the city where they are residing. Parents can contact special information services desks for schooling and registration in the different federal states. The Federal Ministry of Education, Science and Research (BMBWF) has initiatives in many areas and initial support services are listed on its website with information about validation of qualifications, universities, support services for families, students, etc. |
| Family reunification | According to the § 1. of the Displaced Persons Order | Vertriebenen-Verordnung the temporary right of residence applies to family members of a Ukrainian citizen or a third-country national with asylum or a comparable protection status in the Ukraine, provided that they were already living with them in Ukraine prior to 24 February 2022. Family members include spouse or registered partner, unmarried minor children (including those belonging to the spouse or registered partner) and other close relatives who lived in the same household prior and who were dependent. |
| Other | n/a |
Assistance to unaccompanied minors
Information currently not available.
Assistance to people with special needs
Trafficking in human beings: The Federal Ministry of the Interior published an information leaflet in Ukrainian and English to raise awareness about the potential risks of trafficking in human beings. There is also a 24/7 human trafficking hotline in place Tel: +43 677 61 34 34 34 to report cases of suspicious activity.
The NGO LEFÖ (Intervention Centre for Trafficked Women), which is a state recognised victim protection organisation, has published a flyer "Be safe on the way" providing information about human trafficking, the signs and how to get support (with support of Federal Ministry of the Interior and Federal Government).
Solidarity (relocation of people who are eligible for temporary protection)
Information currently not available.
Impact of simultaneous application for international protection
Information currently not available.