The Federal Legal Information System (RIS) on 18 September released the consolidated version of Austria’s Niederlassungs- und Aufenthaltsgesetz (NAG) incorporating the extensive amendments adopted earlier this summer. While most provisions formally entered into force on 7 August, publication of the readable, up-to-date text now gives employers and advisers clarity on the final wording and transitional rules. Headline changes include the transfer of family-reunification cases for recognised refugees from the Asylgesetz into the mainstream settlement quota, tighter language-skill exemptions for children under 14 and, crucially for corporates, a new chapter on intra-corporate transferees (ICTs). Non-EU managers, specialists and trainees seconded to Austrian entities can now obtain an ICT card valid for up to three years, provided they have been employed by the group for at least six months and retain a contractual link with the home entity. The implementing regulation spells out documentary requirements such as an employer declaration that the assignee will return post-assignment. Another practical innovation is the right of holders of a six-month Jobseeker Visa for Highly Qualified Workers to remain in Austria while their Red-White-Red Card application is processed, putting an end to the ‘visa-run’ problem that previously forced candidates to exit the Schengen Area. Processing times are also set to drop: regional authorities must now decide ICT and Red-White-Red cases within eight weeks instead of the previous 12. For global-mobility managers, the consolidated text is essential reading. Existing transferees holding standard Red-White-Red Cards may switch to the new ICT status at their next renewal if they meet the group-employment criteria, potentially unlocking multi-state mobility within the EU’s 2014 ICT Directive framework. Employers should also note the higher minimum-salary thresholds linked to Austria’s updated equalisation-supplement reference rate. The Interior Ministry plans to publish English-language guidance by October, but until then legal advisers recommend attaching a German original of the amended § 18a AuslBG wage-compliance statement to all filings. Companies launching 2027 budget planning should factor in the shorter decision deadlines and possible uptick in relocation volumes once the Jobseeker pathway becomes more attractive.
Source: Austrian RIS
