People who come from countries outside of the EEA are also called third-country nationals. 

Info: Switzerland is neither part of the EU nor the EEA and is therefore, strictly speaking, a third country. However, Swiss nationals are largely on an equal footing with EU citizens thanks to international treaties, meaning that Switzerland is not considered a third country in the scope of labour law. 

Access to the labour market is regulated differently for artists and cultural workers from third countries than for EU/EEA citizens. However, as soon as third-country nationals are legally resident in Austria and have a work permit, they have the same labour law rights as everyone else.

If, as an artist or cultural worker, you hold the nationality of a third country, you need the following:

  • Permission to stay in Austria (visa or residence permit, depending on the length of stay). See the chapter on visas and residence. Residence and settlement of third-country nationals is regulated in the Settlement and Residence Act (NAG), the Federal Act on the Exercise of Aliens’ Police (FPG), and the Asylum Act (AsylG).
  • A work permit in accordance with the provisions of the Federal Act on the Exercise of Aliens’ Police (AuslBG; or a residence permit with free access to the labour market). If you work in the context of
    • salaried employment (e.g. an employment contract as a labourer or employee),
    • an employee-like relationship (e.g. a so-called freelance contract), provided that the activity is not carried out on the basis of trade law regulations, or
    • a training relationship (e.g. internships or traineeships. Be aware that as long as there is no entitlement to remuneration, no authorisation is required),
  • your future employer must submit an application for a permit to the Public Employment Service (AMS). The permit is issued for a maximum of one year and is valid for the entire federal territory (a new application is required if your job changes).
    There are exceptions, e.g. if you are only employed in Austria for a one-day artistic performance. See the chapter on visas and residence.
  • If you want to be self-employed, you do not need a work permit (be aware that even if you are self-employed, you must comply with the legal provisions for foreign nationals).
    • "New self-employed” people who earn a taxable income but do not run a business are subject to income tax. You must register with the Austrian tax office to obtain a tax number and register at Finanzonline, their online portal
    • If you want to run a business, you also need a trade licence. You can find details on this in the section "Do I need a trade licence?". 

Certain relatives of Austrians, EU/EEA citizens, and Swiss citizens are excluded from the scope of application of the Act Governing the Employment of Foreign Nationals. No work permit is therefore required for

  •  third-country national spouses/registered partners with the right to reside in Austria, and
  • children (including adopted children and stepchildren) with the right to reside in Austria who are under the age of 21 or receiving maintenance.

Upon request, the AMS must provide these people with a statement to confirm that they can work in Austria without a work permit.

Special rules for artists 

Artists from third countries are provided with a residence permit, "Settlement Permit - Artist", which authorises temporary settlement and the pursuit of gainful employment or self-employment. 

  • Employment: as an artist who is a third-country national, an application for a "Settlement Permit - Artist" must be submitted together with a written declaration from your future employer before you enter Austria. It must either be submitted by the artist to the competent Austrian representation authority abroad (embassy or consulate), or to the AMS by the employer in Austria. Applications for family members can also be submitted at the same time.
  • Self-employment: in order to obtain a settlement permit as a self-employed artist, your activity must consist primarily of artistic creation. You must be able to prove that you can earn your living from this activity and provide evidence of the contracts underpinning this activity, your artistic training, or a description of your previous artistic activity.

Special features: 

  • Artists do not require a work permit for work lasting up to eight weeks as part of an overall artistic production (e.g. concert, theatre performance). It is possible for them to carry our several consecutive jobs with different employers without a permit.