Guide to temporary entry into Austria under CETA

This guide is for a Canadian business person temporarily travelling to Austria to do business. It provides general information about temporary entry and stay requirements for business people under the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) and under Austrian law. This guide aims to facilitate the entry of Canadian business people into Austria for the purposes of exploring, entering and expanding operations in the Austrian market. You will find relevant links and summaries of main steps for work permit and visa applications, including costs and lengths, for the categories of business people covered in CETA.

Text of the Comprehensive Economic and Trade Agreement – Chapter 10: Temporary entry and stay of natural persons for business purposes

CETA entered into force provisionally in 2017, which means that Austria is bound by the Temporary Entry Chapter. However, there are still significant differences between CETA requirements and the national Austrian laws regulating temporary entry. As such, some of the paths for entry identified in this guide do not fully overlap with the categories of business people covered in CETA.

For any questions regarding Austria's temporary entry commitments under CETA, please contact: enquiry-demande.TE@international.gc.ca

Before you travel:

This guide is for information only. It is not the official text of the CETA or Austrian law. Always verify information using the text of the Agreement and official government sources of the country you wish to do business in. You may also seek advice from licensed or authorised individuals like an immigration lawyer or immigration consultant.

Familiarize yourself with the European Union Immigration Portal and Canada’s travel advisory for Austria before your business travel.

Short-term business visitor

Do I qualify as a short-term business visitor under CETA?

Under CETA, a short-term business visitor is a Canadian traveling to Austria for one of the following activities:

meetings and consultations;
training seminars;
trade fairs and exhibitions;
sales (negotiations or taking orders, cannot deliver goods or services themselves);
purchasing;
tourism/travel operations as an employee of a Canadian enterprise;

The detailed list of activities can be found under Annex 10-B of CETA.

A short-term business visitor cannot:

sell a good or a service to the general public;
receive payment from a source located in Austria;
provide any other service to a consumer in Austria that is not listed under activities of a business visitor.

Canadian short-term business visitors can stay in Austria for up to 90 days in a 180-day period.

Do I need a work permit or a visa as a short-term business visitor?

Under CETA, an eligible short-term business visitor does not need a work permit but may need a visa.

Under Austrian law, Canadian nationals do not require a Schengen C visa to enter the EU. They are entitled to stay within the Schengen area for a maximum of 90 days in any 180-day period (rolling period).

Canadian companies can also send non-Canadian nationals locally hired in Canada for short-term business travel in Austria. In this case, a Schengen C visa may be required. Applications for Schengen C visas must be filed with the relevant Austrian Consulate/Embassy. The processing time is approximately 2 weeks.

Business visitor for investment purposes

Do I qualify as business visitor for investment purposes under CETA?

Under CETA, a Canadian business visitor for investment purposes is a Canadian manager or specialist responsible for setting up an enterprise in Austria. If you have encountered problems entering Austria as a business visitor for investment purposes, please contact enquiry-demande.TE@international.gc.ca.

A Canadian business visitor for investment purposes cannot:

work directly with the general public in Austria
receive compensation from a source located within Austria.

Under CETA, Canadian business visitors for investment purposes can stay in Austria for up to 90 days within a 180-day period.

Do I need a work permit or a visa as a business visitor for investment purposes?

Canadians visiting Austria for investment purposes are work permit and working visa exempt if their stay in Austria is shorter than one week.

For more information consult Austria’s guide on the EU Immigration Portal.

Investor

Do I qualify as an investor under CETA?

Under CETA, an investor is a Canadian supervisor or executive, responsible for establishing, developing, or operating an investment that they or their employing enterprise have committed, or are in the process of committing, a substantial amount of capital to.

Under CETA, Canadian investors can stay in Austria for up to one year. Extensions are possible at the discretion of Austria’s officials. If you have encountered problems entering Austria as an investor, please contact enquiry-demande.TE@international.gc.ca.

Do I need a work permit or a visa as an investor?

Austrian legislation does not provide for an entry route specifically for investors. Eligible investors may obtain Red-White-Red Card as a self-employed key worker/investor, or self-employed Start-up founders.

A Red-White-Red Card can be issued up for to two years (provided that the passport has a respective duration). Subsequently, the Canadian citizen holder of the Red-White-Red Card can apply for a Red-White-Red Card Plus, which gives free access to the labour market.

What are the eligibility requirements for the Red-White-Red Card as a self-employed key worker/investor, or self-employed Start-up founders?

Under Austrian law, to be eligible for this permit, candidates must comply with the following eligibility requirements:

Requirements for self-employed key workers/investors are:

The investment involves a sustained transfer of investment capital to Austria amounting to at least EUR 100,000;
The investment creates new jobs or secures existing jobs in Austria or is of significance for a region; or
The intended self-employed activity must have a demonstrable added value and impact for the Austrian economy.

Requirements for start-up founders are:

Establishment of a company to develop and launch on the market innovative products, services, processing methods or technologies;
Submission of a consistent business plan;
Manage and carry out managerial duties for the newly-set-up company;
Capital amounting to at least EUR 30,000 (half thereof must be equity capital); and
Fulfilment of special eligibility criteria (e.g. qualification, work experience, language skills, additional investment capital) – credit point driven application process.

The Labour Market Authority must issue a positive or negative preliminary assessment. The application can proceed only upon receiving a positive assessment.

How do I apply for the Red-White-Red Card?

The process for obtaining this permit consists of the following steps:

Step 1: Submission of the application for the Red-White-Red Card at an Austrian Embassy in Canada;

Step 2: Immigration authorities will forward the documents to the Austrian Labour Market Authority;

Step 3: The immigration authority sends the applicant an invitation letter;

Step 4: Once in Austria, submission of fingerprints and town hall registration;

Step 5: If applicable, registration of social and health security.

More information on the Red-White-Red Card for Self-employed key workers can be found on the Migration Austria Self-employed Key Workers webpage.

More information on the Red-White-Red Card for Start-up founders can be found on the Migration Austria Start-up Founders webpage.

How much will it cost for a Residence Permit (Red-White-Red Card)?

Application cost: EUR 180.

More information about the application process and eligibility conditions can be found on the EU immigration portal for Austria.

How long will it take to process a Residence Permit (Red-White-Red Card)?

Average processing times are approximately 10-14 weeks.

Contractual service supplier

Do I qualify as a contractual services supplier under CETA?

Under CETA, a contractual services supplier is a Canadian service supplier employed by an enterprise in Canada with a contract to provide a service to a consumer in Austria in an eligible service sector. A list of eligible services sectors under CETA is found under CETA Annex 10-E, number 9.

A Canadian contractual service supplier must also:

have provided services as an employee of the contracted Canadian enterprise for at least 1 year before the date of their application for entry into Austria;
have a university degree or an equivalent qualification;
have at least 3 years of professional experience since the age of 18 in the sector of the contracted activity;
have any professional qualifications required to practice the activity according to the laws or requirements in

For engineering technologists seeking entry as a contractual service supplier, a 3-year post-secondary degree from an officially recognised institution in engineering technology is considered equivalent to a university degree.

For scientific technologists seeking entry as a contractual service supplier, a 3-year post-secondary degree from an officially recognised institution in the disciplines of agriculture, architecture, biology, chemistry, physics, forestry, geology, geophysics, mining and energy is considered equivalent to a university degree.

A Canadian contractual service supplier cannot get paid for their services during their stay in Austria other than what is paid to them by their Canadian employers.

The Canadian enterprise that employs a Canadian contractual service supplier cannot have any establishment in Austria.

Fulfilment of the contract must require the temporary presence of the Canadian contractual service supplier in Austria.

Under CETA, a Canadian contractual services supplier can stay in Austria for up to 6 consecutive months, or for the duration of the contract, whichever is less.

Do I need a work permit or a visa as a contractual service supplier?

Austria has two immigration processes in place for contractual service suppliers:

Long-term Work Authorisation up to four months (Entsendebewilligung):

The maximum duration of the Short-term Work Authorisation up to four months with contractual service time limitation is of four months. If a candidate intends to update his short-term Work Authorisation, an upgrade to a work permit is required.

Short-term Work Authorisation up to six months (Beschäftigungsbewilligung):

The maximum duration of the Short-term Work Authorisation up to six months is of six months.

What are the eligibility requirements for each work authorization?

The applicant must comply with the following eligibility criteria for the Short-term Work Authorisation (up to four months and up to six months):

The assignment lasts up to four or up to six months;
The Canadian citizen receives a salary in line with the applicable local collective bargaining agreement;
The application is sponsored by a host Austrian company;
The Canadian contractual service supplier has a valid visa: depending on duration of stay: Visa C (plus- ERWERB – Gainful Employment) or Visa D (plus: EWERB – Gainful Employment).
The long term work authorization also requires a residence permit for posted workers (Betriebsentsandte).

How do I apply for each work authorization?

The process for obtaining a short-term or long term work authorization (up to four or up to six months) consists of the following steps:

Step 1: Submission of the application for a posting permit to the Labour Market Authority (Austrian only).

Step 2: Submission of the application for a working visa with the Austrian Consular mission. It is a good idea to call ahead and ensure you have all relevant paperwork before your appointment.

Step 3: Travel to Austria and start of employment.

How much will it cost for a work permit?

Application cost: EUR 40-70.

More information can be found on the EU Immigration portal for Austria.

How long will it take to process a work permit?

Estimated processing times are estimated to be between 5-8 weeks.

Independent professional

Do I qualify as an independent professional under CETA?

Under CETA, an independent professional is a self-employed Canadian service supplier with a contract to supply a service to a consumer in Austria in an eligible sector. A list of eligible services sectors under CETA is found under CETA Annex 10-E, number 9.

A Canadian independent professional must also have:

at least 6 years of professional experience in the sector of the contracted activity at the date of application of entry;
a university degree or equivalent qualification;
any professional qualifications required to practice the activity, according to the laws or requirements in Austria;

Other requirements:

a Canadian independent professional must not have established an enterprise in Austria;
fulfilment of the contract must require the temporary presence of the independent professional in Austria;

Do I need a work permit or a visa as an independent professional?

Under Austrian law, Canadian independent professionals are exempt from obtaining a work permit. However, a Canadian independent professional must still obtain a Schengen visa before travelling to Austria to work if they intend to work in Austria for more than 90 days within a 180-day period.

Intra-corporate transferee

Do I qualify as an intra-corporate transferee under CETA?

Under CETA, Canadian intra-corporate transferees are senior personnel, specialists, or graduate trainees at a Canadian enterprise who are being temporarily transferred to a subsidiary, branch, or head company of the Canadian enterprise in Austria.

Senior personnel are Canadian business people in a senior position within an enterprise who:

primarily manages the enterprise or a department or sub-division of the enterprise;
make a wide range of decisions, including recruitment, promotions and dismissals;
receives general supervision or direction from higher-level executives, the board of directors, or stockholders of the business or their equivalent
supervises and controls the work of other supervisory, professional or managerial employees and exercise discretionary authority over day-to-day operations.

Specialists are Canadian business people who have:

uncommon knowledge of the enterprise's products or services and its application in international markets, or
an advanced level of expertise or knowledge of the enterprise's processes and procedures such as its production, research equipment, techniques, or management.

In assessing such expertise or knowledge, Austria's officials will consider abilities that are unusual and different from those generally found in a particular industry and that cannot be easily transferred to another business person in the short term. These abilities would have been obtained through specific academic qualifications or extensive experience with the enterprise.

Graduate trainees are Canadian business people who:

have a university degree ;
are being temporarily transferred to an enterprise in Austria for career development purposes, or to obtain training in business techniques or methods.

The training delivered to a graduate trainee must be linked to their university degree.

Under CETA, Canadian senior personnel and specialists can stay in Austria for three years or the length of the contract (whichever is shorter) with a possible extension of up to 18 months at the discretion of Austria's officials, they cannot be employed by a non-profit organization. Canadian graduate trainees can stay in Austria for one year or the length of the contract (whichever is shorter).

Do I need a work permit or a visa as an intra-corporate transferee?

Under Austrian law, Canadian companies can transfer highly skilled managers, specialists and graduate trainees to an entity in Austria belonging to the same group by obtaining an EU Intra-Corporate Transferees permit (EU ICT permit) for the employees. This permit also grants the employees the right to work at a client site.

The maximum duration of this work and/or residence authorisation is three years (for managers and specialists) or one year (for graduate trainees). A Canadian national with a valid EU ICT Permit can apply for an extension of stay, in country, within the maximum allowable duration of the permit.

The main advantage of this permit is that it allows its holder to work in other EU countries (for a maximum of 90 days in any 180-day period per country) based on an intra-corporate transferee notification, without obtaining a work permit. In such a case, it is necessary to file a ZKO-notification (prior to the arrival). If the Canadian citizen intends to stay longer than 90 days, a new EU ICT Permit must be obtained.

What are the eligibility requirements for an EU Intra-Corporate Transferee permit?

The following criteria must be met to be eligible for an EU ICT permit:

The Canadian citizen’s main residence and employment contract are outside the EU (in this case, Canada);
The Canadian citizen is a manager, specialist or trainee;
Managers must manage the Austrian entity, (sub)division, or department;
Specialists have essential skills, high qualifications, specific technical knowledge, and professional experience and were employed within the same group of undertakings from at least nine uninterrupted months prior to the transfer to the Austrian entity;
Trainees have a university degree and were employed within the same group of undertakings for at least six uninterrupted months prior to the transfer to the Austrian entity;
The home employer (Canadian company) and host entity (Austrian entity) are part of the same corporate group.

How do I apply for an EU Intra-Corporate Transferee permit?

The process for obtaining an EU Intra-Corporate Transferee permit consists of the following steps:

Step 1: Application filing in Austria, during a lawful stay, or from abroad before the Austrian diplomatic post.

Step 2 Application assessment by the immigration and labor office.

Step 3: The immigration authority sends the applicant an invitation letter.

Step 4: If the employee is not a national of a visa exempt country, a visa may also be required.

Step 5: Once in Austria, submission of fingerprints and town hall registration.

Step 6: Collection of the residence permit.

How long will it take to process an EU Intra-Corporate Transferee (ICT) permit?

Estimated processing time is 90 days from the time of submission.

How much will it cost for an EU Intra-Corporate Transferee (ICT) permit?

Application cost: EUR 190-200,

More information on the EU ICT permit can be found on the EU immigration portal ICT page.

What if I am a business person from a category that is not covered?

Entry into Austria for Canadian business people not belonging to any of the categories covered under the CETA is subject to Austria’s acts and regulations governing entry and stay.

To explore other paths for entry into Austria, please consult Austria’s immigration portal.

Disclaimer: The information contained herein is current as of March 2023 (national immigration legislations may change, sometimes at short notice). It is offered for informational purposes only and does not constitute general legal advice. The information: (i) must be regarded as a practical guide for general information and not a process guide for determining the specific immigration requirements of the countries covered, (ii) should not be a substitute for a more in-depth analysis of applicable facts and circumstances (including, without limitation, criminal or health-related circumstances) conducted by competent professionals, (iii) indicated processing times and fees herein are approximate, are subject to the specific case circumstances, and change. The information herein does not guarantee the outcome or approval of any particular immigration application.

Date Modified:: 2024-01-30

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