Settlement Permit

Route status

Active as of 2026-08-12[9][11]

Open to new applications under the rules recorded below.

Residency route facts

Identity

Identity
Official name (local)„Niederlassungsbewilligung“ as of 2026-08-12[9][11]
NAG § 8 Abs. 1 Z 4. The title has no qualifying suffix, unlike the other Niederlassungsbewilligung variants.
Official name (English)Settlement Permit as of 2026-08-12[4]
Rendered by the administering portal as 'a settlement permit (Niederlassungsbewilligung)' which 'entitles its holder to fixed-term settlement and the pursuit of the self-employed occupation'. Marked as the portal's translation rather than a statutory English name.
Legal basisNAG § 43 as of 2026-08-12[9]
§ 43 Abs. 1 is the follow-on title for holders of a Red-White-Red Card under § 41 Abs. 2 Z 4; § 43 Abs. 2 is a separate limb for third-country nationals who enjoy freedom of establishment under an act of European Union law; § 43 Abs. 3 covers holders of certain asylum-law residence titles after twelve months and was not researched.
Instrument typeresidence permit as of 2026-08-12[11]
NAG § 8 Abs. 1 Z 4: entitles the holder to fixed-term settlement and to self-employed 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[5][6]
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[8]
NAG § 20 Abs. 1: fixed-term residence titles are issued for twelve months, or for the longer period this Act determines, unless a shorter period was applied for or the travel document does not run that long. § 43 sets no longer period, so the twelve-month default applies. No bound marker is set: the source states a term with two narrow exceptions rather than a ceiling or a floor.
RenewableYes as of 2026-08-12[2][8]
NAG § 20 Abs. 1a provides for issue for three years on the conditions recorded in renewal_duration, which presupposes a further title; migration.gv.at states that after a completed total settlement period of two years a settlement permit for three years can be issued.
Renewal duration3 years as of 2026-08-12[4][8]
NAG § 20 Abs. 1a: titles under § 8 Abs. 1 Z 2, 4, 5, 6, 8, 9 or 10 — which includes this one (Z 4) — are issued for three years where the person has fulfilled Module 1 of the Integration Agreement (IntG § 9, A2 German) and has been lawfully settled in the federal territory without interruption for the last two years.
Work rightsself-employment only as of 2026-08-12[11]
NAG § 8 Abs. 1 Z 4: fixed-term settlement and the pursuit of a self-employed gainful activity.

Permanent residence and citizenship

Permanent residence and citizenship
Counts toward permanent residenceYes as of 2026-08-12[10][11]
Settlement title; five years of uninterrupted actual settlement under NAG § 45 Abs. 1.
How this time counts toward citizenship1 as of 2026-08-12[12]
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 capitalNot applicable as of 2026-08-12[9]
NAG § 43 sets no capital condition. Abs. 1 requires the general conditions of Part 1 of the Act and two years' exercise of an activity under AuslBG § 24 Abs. 1 that is to be continued; the capital question is answered, if at all, in the earlier Red-White-Red Card procedure.
Business plan requiredNot established from a qualifying source
Endorsement requiredNo as of 2026-08-12[9]
NAG § 43 Abs. 1 states its conditions exhaustively — the Part 1 general requirements and the two-year activity condition — and does not require a fresh Public Employment Service opinion, unlike NAG § 41 Abs. 2. Recorded on that closed list; the Public Employment Service's role at this stage was not separately researched.
Innovation criterionNo as of 2026-08-12[9]
No innovation condition appears in NAG § 43.
Own means requirement1 × equalisation supplement reference rate per month as of 2026-08-12[3][6][9]

Process

Process
Where to apply fromNot established from a qualifying source
Fees
    • Kind: application
    • Amount: EUR 218 as of 2026-08-12[2]
    • Charged per: applicant
    • Paid by: applicant
Quota
  • Quota exists: No as of 2026-08-12[7]
    NAG § 13 Abs. 1's exhaustive list of quota-bound titles does not include § 43.

Physical presence

Physical presence
none statedto keep the permit as of 2026-08-12[8][9]

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

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Verification

Verification
Sources cited12
of which official (tier 1)12
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] Self-employed Key Workers — Red-White-Red Card: conditions, documents, procedure, fees
    migration.gv.at (Federal Ministry of the Interior and partner ministries) · official portal · Tier 1 · Accessed 2026-08-12
  5. [5] 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
  6. [6] 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
  7. [7] 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
  8. [8] 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
  9. [9] NAG § 43 — „Niederlassungsbewilligung“
    Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt · statute · Tier 1 · Accessed 2026-08-12
  10. [10] NAG § 45 — Aufenthaltstitel „Daueraufenthalt – EU“
    Rechtsinformationssystem des Bundes (RIS), Bundeskanzleramt · statute · Tier 1 · Accessed 2026-08-12
  11. [11] 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
  12. [12] 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

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