Settlement Permit – Gainful Employment Excepted

Route status

Active as of 2026-08-12[2][8]

Open to new applications under the rules recorded below.

Residency route facts

Identity

Identity
Official name (local)„Niederlassungsbewilligung – ausgenommen Erwerbstätigkeit“ as of 2026-08-12[8][10]
NAG § 8 Abs. 1 Z 5.
Official name (English)Settlement Permit – Gainful Employment Excepted as of 2026-08-12[2]
The portal uses 'settlement permit – gainful employment excepted' and describes the addressees as third-country nationals wishing to settle in Austria without gainful employment, for example pensioners and financially independent individuals.
Legal basisNAG § 44 as of 2026-08-12[8]
§ 44 Abs. 1 is the general limb. § 44 Abs. 2 is a separate limb for persons retiring immediately after a stay as a holder of privileges and immunities (§ 5 ASG), which requires neither a quota place nor the doubled income test; that limb is not separately recorded.
Instrument typeresidence permit as of 2026-08-12[10]
NAG § 8 Abs. 1 Z 5: fixed-term settlement without the exercise of any gainful activity.

Who can apply

Who can apply
Nationals not served by this routeEEA, EFTA as of 2026-08-12[2][3]
Criminal-record conditionNo as of 2026-08-12[4][5]
Austrian residence law imposes no clean-criminal-record condition as such. NAG § 11 Abs. 1 lists the mandatory grounds of refusal and none of them is a conviction in general: the only conviction-based ground is Z 6, a final penalty in the last twelve months for circumventing border control or unlawful entry. A criminal record can still defeat an application through the public-interest test in NAG § 11 Abs. 2 Z 1, which is why migration.gv.at records that many authorities ask for a police-record extract not older than three months with a first application. So the answer here is "no" in a narrow sense: a clean record is not a condition of this permit, but a conviction can still cost an applicant the permit.

Permit terms

Permit terms
Initial duration12 months as of 2026-08-12[2][7]
NAG § 20 Abs. 1, with the same two exceptions as the other twelve-month titles; the portal states that the residence title allows time-limited settlement without labour-market access and is generally issued for one year.
RenewableYes as of 2026-08-12[2][7]
NAG § 20 Abs. 1a provides for a three-year issue on the stated conditions; the portal describes the same progression.
Renewal duration3 years as of 2026-08-12[2][7]
NAG § 20 Abs. 1a: three years where Module 1 of the Integration Agreement is fulfilled and the person has been lawfully settled without interruption for the previous two years. § 8 Abs. 1 Z 5 is within the list of titles this applies to.
Work rightsnone as of 2026-08-12[2][10]
NAG § 8 Abs. 1 Z 5: fixed-term settlement without the exercise of any gainful activity.

Permanent residence and citizenship

Permanent residence and citizenship
Counts toward permanent residenceYes as of 2026-08-12[2][9][10]
NAG § 45 Abs. 1: after five years of uninterrupted actual settlement; the portal states that after five years of lawful residence without interruption the „Daueraufenthalt – EU“ title may be applied for.
How this time counts toward citizenship1 as of 2026-08-12[11]
StbG § 10 Abs. 1 Z 1 counts lawful residence in the federal territory, of which at least five years must have been as a settled person (niedergelassen). All four routes in this record are settlement titles under NAG § 8 Abs. 1, so time on them counts in full toward both limbs. Recorded because the counting rule is explicit in the statute, per schema §6.4.

Requirements

Requirements
Minimum income2 × equalisation supplement reference rate per month as of 2026-08-12[2][8]
Qualifying income typespension, dividends, interest, savings drawdown as of 2026-08-12[2][5]
Work prohibitedYes as of 2026-08-12[2][10]
NAG § 8 Abs. 1 Z 5: the title entitles the holder to fixed-term settlement without the exercise of any gainful activity.

Process

Process
Where to apply fromfrom abroad only as of 2026-08-12[2]
Fees
    • Kind: application
    • Amount: EUR 218 as of 2026-08-12[2]
    • Charged per: applicant
    • Paid by: applicant
Quota
  • Quota exists: Yes as of 2026-08-12[2][6][8]
    NAG § 44 Abs. 1 Z 2 requires that a quota place be available, and NAG § 13 Abs. 1 names § 44 Abs. 1 first in the list of titles whose annual number the Niederlassungsverordnung fixes. The portal states that only a limited number of settlement permits can be granted each year. NAG § 13 Abs. 7 second sentence resolves what that means for an applicant: where the ordinance is not issued in time, the last one in force continues to apply, with the proviso that at most one twelfth of its number of titles may be granted in each month. The route is therefore not suspended; the operative number is the 2025 ordinance's, applied monthly, rather than a figure published for 2026.
  • Annual cap: Not established from a qualifying source
    No annual cap could be stated for 2026 because no Niederlassungsverordnung is in force on the access date. The consolidated-law service returns no federal ordinance titled Niederlassungsverordnung for the version applicable on 12 August 2026, and the most recent one, the Niederlassungsverordnung 2025 (BGBl. II Nr. 309/2025), was in force from 19 to 31 December 2025 only; the Bundesgesetzblatt lists no later ordinance. That ordinance's own numbers were not read, so no cap is stated here.
  • Cap exists but is not published as a single figure: Yes

Physical presence

Physical presence
none statedto keep the permit as of 2026-08-12[7][8]

Family inclusion

Family inclusion
Family members may be includedNot established from a qualifying source
Eligible relationsNot established from a qualifying source
Family may apply at the same timeNot established from a qualifying source
Family members' work rightsNot established from a qualifying source

Your next step

Read the requirements above considering your own situation: the income multiple, the absence limits, who you can bring. Check the country record for the reference figure those amounts are calculated from, and for anything that has changed recently.

The next step is your own case. That assessment is legal work. Create profile for our assistance in this.

Profile benefits

  • A 30-minute call with our consultant, who reads your profile first.
  • An offer for legal support built around your case, covering the whole process.

Verification

Verification
Sources cited11
of which official (tier 1)11
Oldest as-of date2026-08-12
Newest as-of date2026-08-12
Reviewed on2026-08-17
Schema version1.1

Sources

  1. [1] Integrationsgesetz (IntG) § 7 — Integrationsvereinbarung: Modul 1 (A2) and Modul 2 (B1)
    Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt · statute · Tier 1 · Accessed 2026-08-12
  2. [2] Other forms of settlement — settlement permit gainful employment excepted, researchers, artists, special cases, long-term resident EU; general requirements and fees
    migration.gv.at (Federal Ministry of the Interior and partner ministries) · official portal · Tier 1 · Accessed 2026-08-12
  3. [3] Permanent immigration — Red-White-Red Card groups and general requirements for issuing residence permits (incl. the equalisation supplement reference rate from 1 January 2026)
    migration.gv.at — joint portal of the Federal Ministry of the Interior, the Federal Ministry of Labour, Social Affairs, Health, Care and Consumer Protection and the Federal Ministry for European and International Affairs · official portal · Tier 1 · Accessed 2026-08-12
  4. [4] Temporärer Aufenthalt — the Aufenthaltsbewilligung (temporary residence permission) catalogue: general conditions, 2026 equalisation supplement reference rates including the reduced rates for pupils and students, labour-market access for pupils and students
    migration.gv.at — joint portal of the Federal Ministry of the Interior, the Federal Ministry of Labour, Social Affairs, Health, Care and Consumer Protection and the Federal Ministry for European and International Affairs · official portal · Tier 1 · Accessed 2026-08-12 · Archived copy
  5. [5] NAG § 11 — Allgemeine Voraussetzungen für einen Aufenthaltstitel (incl. Abs. 5: subsistence measured against the § 293 ASVG reference rates)
    Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt · statute · Tier 1 · Accessed 2026-08-12
  6. [6] NAG § 13 — Niederlassungsverordnung (the annual quota ordinance and the exhaustive list of quota-bound residence titles)
    Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt · statute · Tier 1 · Accessed 2026-08-12
  7. [7] NAG § 20 — Gültigkeitsdauer von Aufenthaltstiteln (12-month default, three-year issue after Module 1, five-year long-term-resident document, EEA absence rule)
    Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt · statute · Tier 1 · Accessed 2026-08-12
  8. [8] NAG § 44 — „Niederlassungsbewilligung – ausgenommen Erwerbstätigkeit“
    Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt · statute · Tier 1 · Accessed 2026-08-12
  9. [9] NAG § 45 — Aufenthaltstitel „Daueraufenthalt – EU“
    Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt · statute · Tier 1 · Accessed 2026-08-12
  10. [10] Niederlassungs- und Aufenthaltsgesetz (NAG) § 8 — Arten und Form der Aufenthaltstitel (consolidated federal law, version in force on the access date)
    Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt · statute · Tier 1 · Published 2026-08-07 · Accessed 2026-08-12
  11. [11] Staatsbürgerschaftsgesetz 1985 (StbG) § 10 — Verleihung (ten years' lawful residence, five of them settled; renunciation rule; constitutional discretionary limb in Abs. 6)
    Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt · statute · Tier 1 · Accessed 2026-08-12

Ask legal assistance

Send a message and ReResident will reply.

What you send stays with ReResident. It is read in order to reply to you, and it is deleted twelve months after it arrives. The privacy page says what's kept, for how long, and who can see it.