In the following chapters, you will find out under which conditions artists and cultural workers from third countries are allowed to live and work in Austria. 

The specific permit you need depends on where you come from, how long you want to stay, and what job you want to do. 

Fundamentally, third-country nationals who wish to enter Austria require a visa. In order to simplify cross-border travel, Austria and the Schengen states have concluded agreements with other countries so that their citizens can enter Austria without a visa. This means that your nationality determines whether you need a visa to enter the country. You can check which nationals need a visa to enter Austria and which do not in the list of visa requirements published by the Austrian Ministry of the Interior.

As Austria is part of the Schengen area, third-country nationals can enter other Schengen states with an Austrian visa (which is not geographically restricted). Since joining the Schengen Agreement, agreements on visa free entry have been concluded between the Schengen area and third countries. 

If you would like to stay and work in Austria for a longer period of time, a visa is not always sufficient. Here is an overview:

• Short-term, temporary stay: 
  If you want to stay in Austria for up to 3 or 6 months, you must check the list of visa requirements of the Austrian Ministry of the Interior to see whether you need a visa. If you need one, the following options are available:
  • Type C visa (tourist visa): I am only coming for tourism purposes or to participate in short training or a business trip.
  • Type C visa (gainful employment): I would like to stay and work in Austria for up to 3 months.
  • Type D visa (gainful employment): I would like to stay and work in Austria for up to 6 months.

Info: Artists and cultural workers who only enter Austria for a one-day performance or an artistic production lasting a maximum of 8 weeks and are employed for this purpose by an employer in Austria do not need a work permit under certain conditions. Their employers only need to report their employment. Further details can be found on the subpage ...I am coming for an artistic performance at short notice.

If you would like to work on an employed basis during this time, you will need a work permit in most cases. 

If you want to work independently during this time, you do not need a work permit. However, you must register with the Austrian tax office and apply for a tax number. 

• Longer-term, temporary residence: 
  If you want to stay in Austria for more than 6 months, a visa is no longer sufficient. You need a residence permit. There are 3 different types:
  • Red-White-Red Cards
  • Blue Cards
  • Settlement permits
  • Residence permits. If you wish to work during your stay, you will need to apply for a work permit in addition to your residence permit in many cases.

Info: This settlement permit is specially tailored for artists from countries outside the EEA. It is usually issued for one year. Further information can be found on the subpage Settlement Permit - Artist. 

• Permanent residence: 
  If you have already been legally resident in Austria for a certain period, you can apply for EU permanent residence under certain conditions. This allows you to live and work in Austria indefinitely. 

In the following chapters, you will find out in detail which regulations you need to observe for visas, residence permits, and working in Austria. 

If you would like to stay in Austria for up to 6 months and work during this time, you need 

• a type D visa.
• If you wish to work on an employed basis, you may need a security certificate and you definitely need a work permit. The relevant information in the section on residence for third-country nationals for up to 3 months applies to the security certificate.
• If you want to work on a self-employed basis, you do not need an employment licence or a safety certificate. However, you must register with the tax office and, if you want to run a business, you need a trade licence. See the chapter on labour law.

If your security certificate is positive and your visa has been issued, your employer can apply for your work permit after you have entered the country. 

If you want to stay and work in Austria for more than 6 months, a visa is no longer sufficient. You need a residence permit. Depending on how long you want to stay and what job you want to do, you will need a specific type of residence permit.

There are three categories of residence permits:

• Residence permits
• Red-White-Red Cards (this is a type of settlement permit) and Blue Cards
• Settlement permits

In the following sub-chapters you will learn about

• the general requirements that apply to all residence permits,
• which residence permits are relevant for artists and cultural workers, and
• the specific requirements that you must fulfil for the respective residence permit.

As a basis, you must fulfil the same requirements for all residence permits:

• You need to prove you have a secure livelihood. This means that your financial resources must be sufficient in order to reach the required amounts.
• You must have accommodation.
• You must have health insurance coverage.

There must be no threat to public order or security.You must submit the following documents when applying for your residence permit: 

• Completed application
• Valid passport
• Birth certificate or corresponding document
• For first-time applications: extract from the criminal record
• Current passport photo (not older than 6 months; format: 45x35mm)
• If applicable: marriage certificate, partnership certificate, certificate of adoption, certificate of divorce, deed of dissolution of the registered partnership, death certificate
• Proof of a secure livelihood
• (mostly) Proof of locally customary accommodation
• Proof of health insurance coverage

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.

Freelance contracts are not defined in a law, but in practice they can be categorised as a mixture between a contract for work and labour and an employment contract. The difference between this and an employment contract is that freelancers perform their work independently.

In contrast to a contract for work and labour, you are not obliged to provide a specific one-off result, but rather deliver diligent, long-term work performance. 

However, unlike with an employment contract, you can also organise the course of your work independently and without being bound by instructions. Characteristics of service delivery without personal dependence include

• Independence in terms of working hours, place of work, and behaviour at work;
• No powers of control for employers;
• Only loosely integrated into the company;
• You can be substituted;
• You can refuse work.

Example: You are a proofreader or playwright and can provide pre-defined services based on a specific assignment without having to adhere to set working hours or a designated work location.

 

Labour law entitlements

Freedom of contract applies when concluding a freelance contract. This means that contractual conditions and special services can be freely negotiated. 

Attention: There are no collective labour agreements for freelance contracts and works agreements do not apply.

As a freelancer, you have no entitlements under labour law. You are therefore not entitled to holidays, continued payment of wages in the event of illness, collectively agreed wages, or special payments. However, these benefits can be contractually agreed. 

• If you do not receive a written (freelance) contract and your activity lasts for more than one month, your contractor is obliged to provide you with a service note at the start of your engagement, which contains all the essential rights and obligations arising from the contractual relationship.
• Your contractor must pay a monthly amount for you into a provision  fund ("new severance pay"). These accumulated amounts are paid out upon termination of the working relationship. It does not matter by whom and for what reason the working relationship is terminated.
• The employment prohibitions in the Maternity Leave Act (MSchG) apply to pregnant women and mothers. 

If you and your contractor have not reached an agreement on notice periods, the termination provisions for employees apply:

• The contractual relationship may be terminated by the employer on a quarterly basis unless a more favourable agreement has been reached for the freelancer. Notice of termination can be agreed to take effect on the 15^th or on the last day of the month.
• The notice period to be observed by the employer increases with the duration of the freelance relationship. These are as follows: six weeks in the 1^st and 2^nd year of service, two months from the 3^rd year of service, three months from the 6^th year of service, four months from the 16^th year of service, and five months from the 26^th year of service.
• As a freelancer, you can terminate your working relationship by giving one month's notice as per the last day of each calendar month.
• If there is a compelling reason, you can terminate your freelance employment contract at any time without notice. 

Attention: Freelancers are compulsorily insured for pension, health, accident, and unemployment in the same way as salaried employees. However, this does not apply to freelancers who essentially work with their own resources (like many artists) and are therefore insured as "new self-employed" people. There is also an exception for artists within the scope of the Artists' Social Insurance Fund Act. See the chapter on social security.

In order for third-country nationals to be insured in Austria, they must first be legally resident in Austria. You can find out about the conditions under which this is possible in the visa & residence section. 

As soon as third-country nationals are legally resident in Austria, they are covered by social security to the same extent as Austrians.  

Attention: Please note that your insurance periods completed in third countries will only be recognised in Austria if there is a mutual agreement on the recognition of insurance periods in third countries. See the relevant chapter. 

Unlike Austrians, third-country nationals may only receive certain insurance benefits after a certain period of residence in Austria:

• If you want to draw a pension in Austria, you must have been insured for more than one year in Austria. If you fulfil this minimum period of residence, you can claim pension benefits under the same conditions as Austrian nationals. See the chapter on pensions.
• If you would like to receive minimum income benefits—state financial support in social emergencies—you must have been legally resident in Austria for at least five years. See the chapter on social emergencies.

There are many different types of taxes in Austria. The following chapters present the types of taxes that artists and cultural workers who are employed and liable for tax in Austria most frequently come into contact with: 

• Taxation on income
  • People’s income from employment is subject to payroll tax.
  • People’s income from self-employment is subject to income tax.
  • Legal entities’ (i.e. companies such as associations) income from self-employment is subject to corporation tax.
• Taxation on goods and services
  • When purchasing goods and services, you usually pay value added tax (VAT).
  • Under certain conditions, self-employed individuals are obliged to charge VAT to their customers and transfer it to the tax office.
  • Employed individuals do not have to deal with VAT. 

If you are not self-employed in Austria—i.e. you have an employment contract—you are either subject to unlimited or limited tax liability.

Info: In Austria, nationality does not play a role in tax liability.

You are subject to unlimited tax liability if you are resident or ordinarily resident in Austria. You habitual residence is considered to be in Austria if you are not only staying there temporarily (e.g. on holiday or business trips), but for a longer period. If you stay for more than six months/183 days per year, Austria is assumed to be your habitual residence. People who do not have a place of residence in Austria therefore require an employment contract lasting at least six months or at least a six-month residence and work permit in order to establish their habitual residence in Austria. In these cases, unlimited tax liability applies retroactively, i.e. all income earned from the start of residence is subject to unlimited tax liability in Austria.

Info: See the chapter on visas & residence to find out whether you need a residence and work permit.

You are subject to limited tax liability if you are employed in Austria or receive other non-self-employed income such as a pension, even if are not resident or ordinarily resident in Austria. 

If you have limited tax liability, Austria can, under certain conditions, tax your income derived from employment in Austria. See the chapter on tax liability in multiple countries. 

Info: If you work as an employed artist on a cross-border basis, your income will be taxed in the country in which you carried out your work in accordance with most double taxation agreements. This also applies if your fee is not paid straight into your bank account, but is transferred to an artists’ agency, for example. 

For the specific calculation and amount of tax payable for unlimited and limited taxpayers, see the subchapter on the taxation of employed people’s income.

Each country has its own laws governing contracts. If you work internationally as an artist or cultural worker, you will often conclude cross-border contracts. This means that you and your contractual partner are based in different countries and are therefore familiar with different legal regulations. In the following sections, you will find out what you should bear in mind when concluding a cross-border contract.

 

Info: The following sections are merely an overview and are not a substitute for legal advice in specific individual cases. 

Civil law governs the legal relationships between private individuals. Contract law is part of civil law. By concluding contracts, you organise your daily life and your professional activity (e.g. by concluding sales contracts, service contracts, contracts for work, etc.).

In Austria, the principle of freedom of contract applies. This means that contracts can be freely negotiated between the contracting parties. However, there are individual mandatory legal regulations that prohibit certain content (e.g. due to illegality or immorality, labour law regulations, or mandatory provisions in copyright law).

Example: In most industries, collective agreements apply. These stipulate certain minimum standards for the employment of workers. If you work in this industry or have employees yourself, the employment contracts must fulfil these minimum standards (e.g. minimum wage, remuneration, and maximum working hours). See the chapter on labour law. 

Example: According to Austrian copyright law, contracts stipulating the transfer of your entire copyright on a work of art to another person are invalid. Only you can be the author. You can, however, authorise other parties to commercially exploit your work of art. See the chapter on copyright.

A contract can also be made up of elements from various legally regulated contracts. These are referred to as mixed contracts. In this case, the appropriate contract law applies to each part of the contract as normal. Accordingly, a mixed contract can be subject to several types of contract law. 

In the unlikely event that a contract is so far removed from the law that a completely new type of legal relationship arises, only the general provisions on contracts are applicable. This is an atypical contract. 

Most contracts are concluded without any formal requirements. This means that contracts can be concluded in writing, verbally, or implied (conclusive, tacit). However, we always recommend the written form for reasons of proof. Please make sure that you always have everything documented and that you are in possession of the contracts that you conclude.

Example: When you place a product on a conveyor belt in the supermarket, you are signalling that you want to buy the product; you do not have to verbally express your intention to buy it to the cashier. The employee charges you for the product, you pay, and you receive a payment receipt. Although you and the employee have not communicated verbally or in writing about the purchase, it is clear to everyone involved that a purchase has been made. In the case of purchases in shops, sales contracts are therefore concluded implicitly (conclusively, tacitly). As a rule, no written contract is drawn up here, only a payment receipt is issued. 

In certain cases, the contract must be concluded in a specific form (e.g. in writing in the presence of a notary) to protect the contracting parties.

Example: You set up a foundation to promote your art and transfer ownership of all your artwork to this foundation. The foundation declaration must be notarised.

Artists and cultural workers are therefore confronted with different types of contracts in their professional activities. 

Artists have various ways of earning money. They are often remunerated for their artistic accomplishments, for example concert performances, employment as actors, carrying out readings, or through the sale of their artwork. They can also commercially exploit the artistic works they have already created by authorising others to use these works under copyright law in return for payment (see the chapter on copyright). In addition, artists also commission external partners, such as artist agencies or artistic work intermediaries, to support them in their professional activities. 

Cultural workers are also confronted with different types of contracts, for example if they work in a publishing house and conclude licensing agreements with artists, organise exhibitions, or are employed by a cultural institution.

As you have already learnt in the subchapter on cross-border contracts and the subchapter on the applicable law, contract law varies from country to country. Regardless of the applicable law, there are certain types of contracts that you will find in most legal systems. Below you will find an overview of relevant contract types in the arts and culture sector and typical points that are regulated in these contracts.

Attention: If you are concluding  a cross-border contract, you should also refer to the information in the sub-chapter on cross-border contracts and the sub-chapter on the applicable law.

If your work of art is protected by copyright, you as the author are entitled to two different types of property rights:

• Moral rights: these protect your intellectual interests as the author of your work of art;
• Exploitation rights: these protect your economic interests and enable you to exploit your art, not least because you, as the author, can exclude others from using your works. Exploitation rights are also called exclusive rights or rights of use.
  • In addition to exploitation rights, there are also remuneration claims. These guarantee that you will receive remuneration in certain cases if the use cannot be prohibited.

If your work of art is not protected by copyright—for example, because it does not fulfil the criteria in the definition in Section 1 UrhG—it may be protected by ancillary copyright. Ancillary copyrights protect artistic productions that are not protected by copyright (e.g. an everyday photo, the artistic performance of singers). Some—but not all—of the rights enjoyed by authors are also granted to ancillary copyright holders. See the subchapter on ancillary copyrights.

In the following chapters, you will find information on the following topics:

• Moral rights
• Personal rights
• Exploitation rights
• Remuneration claims
• Ancillary copyrights

As already mentioned, authors cannot completely transfer their copyrights to other people by contract ("inter vivos"). Under Austrian law, copyrights are too closely linked to the author’s person. 

Info: In other countries, especially in the USA, a complete copyright transfer is in fact possible.

Although you cannot transfer your copyright, you can authorise other people to use your artwork with the following contractual agreements:

• Through the granting of rights of use;

or

• Through the granting of licenses for rights of use.
• Besides the limits of immorality (see the chapter on fair remuneration), the rules of interpretation are also important for contracts in copyright law: interpretation is used to determine the content and meaning of the contract. Rules of interpretation are important because contracts often do not conclusively regulate every detail.

Austrian legislation and case law tend to favour a copyright-friendly interpretation: if no clear provision has been made in the contract, it is assumed, in case of doubt, that the exploitation rights remain with the authors. It is assumed that the person who acquires rights of use does not acquire more rights in case of doubt than appear necessary for the fulfilment of the planned use of the work (transfer of purpose theory).

There are certain special rules for interpretation in copyright contract law. Here are two examples:

• In case of doubt, a licence to use a work does not include the right to edit it;
• In case of doubt, the acquisition of a piece of work does not include any rights to use the work.

Example: You are a freelance artist and sell a painting. The buyer becomes the owner of the work. Unless you have agreed otherwise, the buyer does not also acquire exploitation rights upon their purchase of the work. You reserve the right to commercially exploit your copyright to the work of art—e.g. reproduction, public communication, editing.  

In Austrian copyright law, freedom of form and (with a few exceptions) freedom of contract apply. This means that contracts can be structured as desired and can be concluded verbally, in writing, or tacitly (implied—i.e. through conclusive actions).

Example: If you are booked as a photographer for a photo shoot so that your client can use the photos in a catalogue, the rights of use for the photos in this catalogue are deemed to have been implicitly granted—even if you have not expressly agreed this.

In the following sections you will find information on the granting of rights of use for works and the granting of licences to use works. 

Section 37b of the Copyright Act contains a provision on the appropriate and proportionate remuneration of authors. This provision also applies to performing artists (Section 68 (4) of the Copyright Act).

This is intended to guarantee that artists receive fair and appropriate remuneration when others use their artworks or performances. 

Flat-fee remuneration is permissible if it if it gives sufficient consideration to the scope of the rights usage. Furthermore, remuneration is only appropriate if it corresponds to customary and fair market conditions. 

Example: You are a freelance artist, and a TV channel wants to make a documentary about your career and your art. They want to show some photos of your artwork in the documentary. The TV station would like to pay you a flat fee for reproducing, broadcasting, and making your works available to the public. This is permissible. The level of remuneration must be based on what is usually granted to other artists for the same scope of use.

Example: You are an actor. Your employment contract states that you agree to transfer all your rights to your future performances to your employer. This arrangement is permissible, but only if your granting of rights is fairly remunerated, for example by means of overpayment in accordance with collective agreements.

If rights holders belong to a professional group which has a collective agreement, the remuneration stipulated therein is deemed appropriate. Collecting societies can also issue remuneration regulations.

Info: For an explanation of the term ‘collective agreement’, see the chapter on labour law. 

The Austrian Cultural Council has also drawn up Fair Pay Guidelines to establish fair pay for people working in the field of arts and culture. Visit the  Austrian Cultural Council’s website for detailed information. 

In copyright law—as in many other areas of law—there are "immorality" limits. This means that contracts in which there is a blatant disproportion between performance and remuneration are invalid ("adhesion contracts"). If you have concluded a contract in which someone can use your works or your artistic performance for a particularly low, unfair fee, the contract could be deemed void and thus cancelled.