Austria, as a member of the Schengen Agreement, allows students with an Austrian student visa to travel freely within the Schengen Area without the need for additional visas. However, using a student visa for travel to other Schengen countries is governed by specific legal norms and restrictions. This article explores how students can utilize this right and the legal limitations related to using an Austrian student visa for traveling to other Schengen countries.

Legal Framework

The Schengen Area consists of 27 European countries that signed the Schengen Agreement, allowing free movement within the participating countries without internal border checks. Entry and stay rules in the Schengen Area are regulated by the EU Visa Code (Regulation (EC) No. 810/2009) and Schengen Agreement provisions. According to these regulations, foreign citizens with a valid visa issued by one of the Schengen countries can freely travel within the entire Schengen Area for a specified period.

Types of Visas and Their Legal Implications

1. Student Visa Category D:

The Austrian student visa (Category D) is a national visa but allows short-term travel to other Schengen countries. The Category D visa permits entry and residence in Austria for long-term studies (more than 90 days), but also grants the right to travel freely within the Schengen Area for up to 90 days within any 180-day period.

2. Residence Permit for Students (Aufenthaltsbewilligung – Studierende):

The residence permit for students issued by Austria grants similar rights. Students can stay in other Schengen countries for up to 90 days within any 180-day period, but their primary residence and study location must remain in Austria.

Student Visa Holder Rights

1. Freedom of Movement in the Schengen Area:

Holders of an Austrian student visa have the right to travel to other Schengen countries without obtaining additional visas, provided certain conditions are met:

• Stay in other Schengen countries should not exceed 90 days within any 180-day period.


• The primary place of residence must remain in Austria, and long-term stays in other countries are prohibited.

Example: A student studying in Austria can freely visit Germany, France, Italy, and other Schengen countries for up to 90 days within six months without the need for additional visas.

2. Restrictions on Travel Purposes:

Travel to other Schengen countries can only be for short-term purposes such as tourism, attending conferences, or short business trips. Using a student visa to seek employment or for long-term stays in another Schengen country is illegal.

Restrictions and Conditions

1. Time Limit Restriction:

According to the 90/180 rule, students can stay in other Schengen countries for no more than 90 days within any 180-day period. This rule applies to all foreign citizens holding national visas or residence permits from any Schengen Agreement country.

Exceeding this time limit may result in visa regime violations, leading to fines, deportation, and a ban on re-entry into the Schengen Area.

2. Primary Residence Must Be in Austria:

It is important to understand that the Austrian student visa or residence permit is issued for the purpose of studying in Austria. The student's primary residence must remain in Austria. This means that even if the 90-day stay limit in other Schengen countries is not exceeded, prolonged stays in other countries may still be considered a violation of visa conditions.

3. Employment in Other Schengen Countries:

The Austrian student visa does not grant the right to work in other Schengen countries. To seek employment outside of Austria, it is necessary to obtain the appropriate work permit from the authorities of the respective country.

Recommendations for Students

1. Complying with Visa Regulations:

Students are advised to carefully monitor the number of days spent in other Schengen countries to avoid violating the 90/180 rule. Special online calculators can help in calculating the allowed stay period.

2. Documents for Travel:

When traveling to other Schengen countries, students should carry the following documents:

• A valid passport.


• A student visa or residence permit from Austria.


• Proof of the purpose of the trip (e.g., hotel booking, tickets, or an invitation to a conference).


• Medical insurance valid in Schengen countries.

3. Consulting Before Travel:

If in doubt about the travel rules within the Schengen Area, students are recommended to consult with migration services or the Austrian consulate to obtain clarifications and avoid visa regime violations.

The Austrian student visa offers significant benefits by allowing freedom of movement within other Schengen countries. However, this right is restricted by the 90/180 rule, which requires students to adhere to time limits and ensures that their primary residence remains in Austria. Students can use their visa for short-term trips to neighboring countries, but not for long-term stays or employment outside of Austria. Compliance with these rules guarantees legal residence and proper use of the student visa according to Schengen Area regulations.

To obtain a student visa for Austria, foreign nationals must demonstrate sufficient financial resources to cover living and study expenses throughout their stay. This requirement is a key condition for successfully obtaining a visa or residence permit. This article provides a detailed overview of the legal requirements regarding the bank balance necessary to obtain a student visa in Austria.

Legal Framework

The financial requirements for foreign nationals applying for a student visa in Austria are established by the Federal Law on Entry, Residence, and Deportation of Foreigners (Niederlassungs- und Aufenthaltsgesetz, NAG) and the EU Visa Code (Regulation (EC) No. 810/2009). These legal provisions stipulate that student visa applicants must demonstrate sufficient funds to cover accommodation, food, healthcare, and other living expenses.

Minimum Required Bank Balance

The required amount for obtaining a student visa is based on the cost of living, which is adjusted annually. In 2024, the following minimum amounts must be available on the applicant's bank account:

1. Applicants under 24 years of age:

• The minimum amount is €515.30 per month.


• For one year of study, students must show a minimum of €6,183.60.

2. Applicants over 24 years of age:

• The minimum amount is €933.06 per month.


• Therefore, for a one-year stay, at least €11,196.72 is required in the bank account.

3. Spouses or Dependents:

• If a student plans to bring a spouse or dependents, an additional €1,433.71 per month must be demonstrated for each family member.

4. Reduced Amount:

• If the student receives free accommodation (e.g., lives in a student dormitory or with relatives), the required funds may be reduced. In such cases, the student must provide evidence of not having rental expenses.

What Sources of Income Can Be Considered?

To meet the financial requirement, students can use various income sources:

1. Personal Bank Account:

A bank statement showing the required amount in the student's personal account. The funds must be liquid and readily available.

2. Scholarships:

If a student receives a scholarship that covers their expenses, this can also be considered when applying for a visa. An official letter from the scholarship provider or educational institution confirming the scholarship and its amount is required.

3. Financial Support from a Sponsor:

If the student's expenses are covered by parents, a sponsor, or a third party, a sponsor letter and the sponsor's bank statement demonstrating sufficient funds must be provided.

4. Money Transfers:

Funds may come from abroad, but the student must show that these transfers are regular and sufficient to cover all necessary expenses throughout the stay.

What Expenses Must Be Covered?

The requirement for sufficient bank balance means that the funds must cover all living and study expenses in Austria, including the following categories:

1. Accommodation:

Students must have enough funds for housing. The average cost of renting an apartment in Austria varies depending on the region but typically ranges from €300 to €700 per month.

2. Food and Daily Expenses:

This includes expenses for food, transportation, and other daily necessities. The average amount for these expenses is estimated at around €300–400 per month.

3. Health Insurance:

Students must obtain health insurance that covers medical treatment and emergency care. The minimum insurance coverage must be €30,000 for the entire duration of the stay.

4. Study Materials and Educational Expenses:

Expenses for textbooks, study materials, and other educational costs must be taken into account. These expenses can be included in the assessment of the student's overall financial situation.

Procedure for Confirming Financial Means

To confirm sufficient funds, student visa applicants must provide the following documents to the consulate:

1. Bank Statement:

The main document showing the required amount available on the student's bank account. The statement must be current, typically covering the last 3–6 months.

2. Scholarship Letter (if applicable):

If the student receives a scholarship, official confirmation from the educational institution or scholarship organization must be provided.

3. Sponsor Letter (if applicable):

If the student receives financial support from a sponsor (parents or third parties), a letter must be provided, in which the sponsor commits to covering the student's expenses for the entire duration of their stay in Austria. The sponsor must also provide a bank statement proving the availability of funds.

4. Proof of Free Accommodation (if applicable):

If the student receives free accommodation, such as in a dormitory or with relatives, documents proving no rental expenses must be provided.

Important Aspects

1. Regular Checks:

It's important to note that the submitted documents may be checked both during the application process and after the visa is issued. Austrian migration authorities may request additional documents if there are doubts about the applicant's financial means.

2. False Information:

Providing false information or forged documents regarding financial means can result in visa denial, cancellation of an issued visa, or even deportation.

Proving sufficient financial means is a key requirement for obtaining a student visa in Austria. To successfully obtain a visa, the applicant must have enough funds to cover accommodation, food, healthcare, and study expenses. Students can use various income sources, such as personal savings, scholarships, or sponsorship, but all sources must be documented and available for verification. Meeting all requirements ensures a successful visa application and legal stay in Austria.

Many international students planning to study in Austria are interested in the possibility of working during their studies. The question of whether you can work on a student visa is regulated by Austrian law, which sets specific conditions and limitations for foreign students. This article outlines the legal aspects of employment for international students in Austria holding a student visa or residence permit.

Legal Framework for Working on a Student Visa

The right of international students to work in Austria is governed by several legal acts, including:

• The Federal Act on Entry, Residence, and Deportation of Foreigners (Niederlassungs- und Aufenthaltsgesetz, NAG);


• The Act on Employment of Foreign Nationals (Ausländerbeschäftigungsgesetz, AuslBG);


• The Austrian Labor Code.

According to these acts, international students with a student visa or residence permit in Austria may work, but certain conditions and restrictions apply.

Types of Student Visas and Work Eligibility

1. Short-Term Visa (Category C):

• This visa allows stays of up to 90 days but generally does not grant the right to work in Austria.


• Students arriving on a short-term visa for language courses or short-term study programs are not allowed to work.

2. Long-Term Visa (Category D):

• The long-term visa is issued for stays from 91 days to 6 months. Under this visa, students can work in Austria on a limited basis but only if they have a special work permit (Beschäftigungsbewilligung).


• Students can usually perform only temporary or seasonal work with this visa.

3. Student Residence Permit (Aufenthaltsbewilligung – Studierende):

• This is the primary document for students pursuing long-term studies in Austria (over 6 months). It allows students to work part-time, subject to legal restrictions.


• Students may work up to 20 hours per week with a work permit issued by Austrian immigration or employment authorities (AMS — Arbeitsmarktservice).

Conditions for Student Employment in Austria

1. Part-Time Employment (Teilzeitbeschäftigung):

• International students with a student residence permit may work part-time, which is limited to 20 hours per week. This limitation is designed to ensure that students prioritize their studies.


• A work permit for part-time employment must be processed by the employer through the Arbeitsmarktservice (AMS). The employer submits the application to AMS to hire a foreign student.

2. Full-Time Employment During Holidays:

• During official academic holidays (e.g., summer or winter breaks), students are allowed to work full-time (more than 20 hours per week). A work permit from AMS is still required in these cases.

3. Work Permit (Beschäftigungsbewilligung):

• A work permit is mandatory for all international students planning to work. Employers must apply for this permit from AMS before the student begins employment.


• It’s important to note that the work permit is tied to a specific employer and position. If a student changes employers, a new permit must be obtained.

How to Obtain a Work Permit in Austria

1. Employer Submits Application:

• The employer must submit an application to AMS to obtain a work permit for the international student. The application should include details about the nature of the job, salary, and working conditions.

2. Application Review:

• AMS reviews the application to ensure that the job meets set requirements (e.g., minimum wage, working conditions, etc.). The review process may take several weeks.

3. Work Permit Issuance:

• If all conditions are met, AMS will issue the work permit. The student can only officially start working once the permit is obtained.

Restrictions and Regulations for Student Employment

1. Working Hour Restrictions:

• The primary restriction is that international students may not work more than 20 hours per week during the academic semester. Violating this rule can result in administrative sanctions for both the student and the employer, as well as potential loss of the student visa or residence permit.

2. Consequences of Violating Work Rules:

• If a student works without a permit or exceeds the allowed number of working hours, this can lead to the cancellation of the visa or residence permit, deportation, and fines.

3. Inability to Be Self-Employed:

• Students with a residence permit in Austria are not allowed to be self-employed or engage in entrepreneurial activities unless they have a separate permit for such activities.

4. Minimum Wage Requirements:

• Students working in Austria are entitled to receive wages no lower than the minimum level set by collective agreements. Employers are required to comply with the legislation regarding minimum wage.

Post-Graduation Opportunities

After completing their studies, international students can apply for a residence permit to search for work or start a business (Aufenthaltsbewilligung zur Arbeitssuche oder zur Gründung eines Unternehmens). This permit allows them to stay in Austria for up to 12 months to find a job related to their qualifications or establish their own business.

International students studying in Austria on a student visa or residence permit can work part-time, provided they obtain a special work permit from the Austrian authorities. The workload is limited to 20 hours per week during the academic year, but during holidays, students can work full-time. Violating work regulations can result in serious legal consequences, including deportation and visa cancellation.

Many international students, after completing their studies in Austria, are interested in continuing their stay in the country. Austrian legislation offers certain opportunities for students who wish to remain after graduation, whether for job searching, starting a business, or continuing their education. This article discusses the legal aspects governing the ability of foreign students to stay in Austria after completing their studies.

Legal Framework

The rules regarding foreign nationals staying in Austria after completing their studies are governed by the Federal Law on the Entry, Stay, and Expulsion of Foreign Nationals (Niederlassungs- und Aufenthaltsgesetz, NAG). This law sets out the procedures for obtaining residence permits for various purposes, including job searching, employment, starting a business, or continuing education.

Options to Stay After Graduation

1. Residence Permit for Job Search or Starting a Business (Aufenthaltsbewilligung zur Arbeitssuche oder zur Gründung eines Unternehmens)

This is one of the primary permits available to foreign students who wish to stay in Austria after completing their studies. This permit allows graduates of Austrian universities to stay in the country for up to 12 months to look for a job or start their own business.

• Eligibility:
  
  
  
  • Successful completion of studies at an accredited Austrian university.
  
  
  • Possession of a diploma (Bachelor's, Master's, or PhD).
  
  
  • Financial proof of sufficient funds to cover living expenses and health insurance.
  
  
  • Proof of accommodation.
  
  
  
  


• Application Process:
  
  
  
  • The application for this permit is submitted to the local foreign affairs authority (Magistrat or Bezirkshauptmannschaft).
  
  
  • The application must be submitted several weeks before the student visa or residence permit expires.
  
  
  
  


• Rights of Permit Holders:
  
  
  
  • Holders are allowed to freely search for jobs related to their qualifications or start a business.
  
  
  • This permit allows staying in Austria for up to 12 months after graduation to secure employment or launch a business.
  
  
  
  

2. Work and Residence Permit for Highly Skilled Specialists (Rot-Weiß-Rot – Karte)

If a student finds a job in their field of study, they can apply for the "Red-White-Red Card" (Rot-Weiß-Rot – Karte), which grants the right to both reside and work in Austria.

• Eligibility:
  
  
  
  • Having an employment contract with an Austrian employer.
  
  
  • The job must match the qualification obtained during the studies.
  
  
  • Meeting the minimum salary requirement (depending on the industry and level of qualification).
  
  
  • Passing a points-based system evaluating qualifications, experience, language proficiency, and other factors.
  
  
  
  


• Application Process:
  
  
  
  • The employer submits an application to the Austrian Employment Agency (Arbeitsmarktservice, AMS), which assesses whether the candidate meets the requirements.
  
  
  • Upon AMS approval, the application is submitted to immigration authorities for the Rot-Weiß-Rot Card.
  
  
  
  


• Rights of Rot-Weiß-Rot Card Holders:
  
  
  
  • The card is issued for up to two years with the possibility of renewal.
  
  
  • It grants the right to work for a specific employer, with the possibility of changing employers when renewing the card.
  
  
  • After two years, cardholders can apply for the Rot-Weiß-Rot – Karte Plus, allowing free employment options.
  
  
  
  

3. Extending Study Programs or Pursuing Further Education

Students who have completed one program and wish to pursue further education (e.g., enroll in a Master's or PhD program) can apply for an extension of their student residence permit. To do this, they must be enrolled in a new accredited program in Austria.

• Eligibility:
  
  
  
  • Proof of enrollment in a new study program.
  
  
  • Financial proof and health insurance.
  
  
  
  


• Rights:
  
  
  
  • Students retain the right to work part-time (up to 20 hours per week) during the academic year and full-time during holiday periods.
  
  
  
  

4. Permanent Residency

After several years of living and working in Austria, foreign nationals may apply for permanent residence (Niederlassungsbewilligung). To be eligible, the following criteria must be met:

• Residing in Austria for a specific period (usually at least 5 years).


• A sufficient level of German language proficiency (B1 level of CEFR).


• Stable employment and income.


• Health insurance and no significant legal violations.

Financial and Document Requirements

To obtain any residence permit in Austria after completing studies, students must meet several requirements:

• Financial Stability:
  
  
  
  • Similar to a student visa, students must prove they have sufficient funds to live in Austria.
  
  
  • The minimum required amount for one person is approximately €933.06 per month (as of 2024).
  
  
  
  


• Health Insurance: Students must have valid health insurance covering medical expenses during their stay in Austria.


• Proof of Accommodation: Students must provide a rental agreement or other proof of accommodation.


• Diploma: To apply for a work search permit, students must submit their diploma or certificate of graduation from an Austrian educational institution.

Application Procedure

1. Submission Timeline: Applications for new residence permits must be submitted several weeks before the current permit expires.


2. Required Documents:
   
   
   
   • Completed application form.
   
   
   • Passport.
   
   
   • Diploma.
   
   
   • Financial documents.
   
   
   • Health insurance.
   
   
   • Proof of accommodation.
   
   
   
   


3. Processing Time: The application review process may take 4 to 12 weeks, depending on the type of permit and the applicant's situation.

Foreign students who have completed their studies in Austria have several legal opportunities to continue their stay in the country. One of the most common options is obtaining a permit for job search or business creation, allowing graduates to stay in Austria for up to 12 months. Other options include obtaining the Rot-Weiß-Rot Card for employment, extending studies, or applying for permanent residency. Adhering to all legal requirements and properly submitting documents ensures a legal stay and successful continuation of career or education in Austria.