Settlement Permit - Artist

This settlement permit gives you access to the labour market for the exact job you specified in your application. If you would like to change jobs, you must submit a change of purpose application and apply for a new settlement permit. This means that the permit is linked to the specific employer as well as to a specific activity, and a new permit must be applied for if you change jobs (due to the immanent AMS authorisation requirement). There is an exception if a company is taken over and the workplace or specific activity remains unchanged; in this case, the "old" work permit remains valid.

Requirements for the settlement permit for employed artists:

• General requirements
• Concrete job offer
• Your remuneration must correspond to that of other artists working in the same field in Austria
• Your employment is not contrary to public interests:
  • The AMS weighs up what is more important: your right to express yourself and work as an artist (artistic freedom) or the public interests that speak against your employment (e.g. because you pose a threat to public safety). Only if an impairment of public interests would be disproportionately more serious than the impairment of your artistic freedom should your application be rejected.
  • The AMS may also check whether the labour market situation in Austria would enable you to work. However, examinations of the labour market situation and whether the federal and provincial thresholds (= maximum numbers of foreigners employed in Austria) have been exceeded are carried out to a very limited extent.

The AMS examines these requirements. In doing so, it must enable artistic creation in Austria to the greatest extent possible. When checking whether public interests speak against your employment, the AMS must not judge the value of your artistic activity or the quality of your art.

In the case of multiple employers, one application can be submitted for all activities at the same time. A subsequent "addition" of a second job would be classified as a change of purpose and the first authorisation would become invalid .

Info: If you already have a residence permit as an employed artist, you can also be self-employed as long as your job as an employed artist remains your main professional activity. You do not need a work permit to be self-employed, but you must register with the tax office in order to pay your taxes. See the chapter on tax law for details. If you are  self-employed and insured as an employee at the same time, this will also affect your social insurance. See the chapter on social insurance. 

If you want to work as a self-employed artist in Austria, you need a settlement permit for self-employed artists. Since you are self-employed, you do not need a work permit. However, once your residence permit has been issued, you must register with the tax office to obtain a tax number and access the tax office's online portal, Finanzonline. You will submit your tax returns there. 

Requirements for a permanent residence permit for self-employed artists: 

• General requirements
• You can prove that you are artistically active
• You can prove that you can finance your livelihood through your artistic activity

When providing proof of your artistic activity, it is not important that you are an artist, but that your activity is artistic. You can provide evidence of your artistic training or describe your previous artistic activity. 

Example: You can submit the following documents to prove your artistic activity: programme booklets and publications of your work (e.g. CDs, exhibition catalogues), a portfolio and commission confirmations, awards, and funding received. 

Some occupational groups are generally considered to carry out artistic activities. These include

• Artists
• Musicians
• Photographers
• Fashion designers
• Artistic directors and related professions (e.g. event managers)

In the case of dancers, for example, it is not easy to differentiate between artistic and non-artistic activities. If the sporting aspect outweighs the artistic aspect, the activity is not suitable for a permanent residence permit. Artistic expression is even placed in the background when it comes to go-go girls or table dancers. You can still try to provide evidence of your artistic activity. 

How can I prove that my artistic activity provides me with a secure livelihood? 

You must prove that your artistic work generates enough income for you to be able to finance your livelihood. You can prove that your livelihood is secure by submitting contracts with your clients. These might be contracts with galleries, theatres, or concert halls, for example. The majority of your income must come from artistic activities, otherwise your residence permit will not be granted or will be revoked, and any other income must come from "legitimate sources" (e.g. from your country of origin, international engagements, etc.).

Overall, you must prove that you have enough artistic commissions to secure your livelihood. If the income from your professional artistic activity is not sufficient, you can state your savings to a certain—rather subordinate—degree as proof of your secure livelihood. The savings in the account, which can be partially contributed, must also be generated from artistic work. See the chapter on sufficient financial resources. 

If you cannot prove that you will earn enough as a self-employed artist, someone can submit a declaration of commitment (EVE) for you.

This might be an individual, organisation, or company based in Austria ("inviting party"). Your "inviter" undertakes to cover all the costs incurred by public bodies as a result of your stay. These include administrative costs incurred by the immigration authorities if you do not leave voluntarily after your settlement permit expires.

Info: If you are already working as a self-employed artist, you can also work as a salaried employee if this employment concerns one-day events or a total production lasting a maximum of 8 weeks. You do not need a work permit for this type of employed work. See the chapter on short-term artistic performances