Apprenticeship in Austria for non-EU nationals: employment permit for apprentices

An employer may need an employment permit (Beschäftigungsbewilligung) before a third-country national begins an apprenticeship (Lehre). Whether a permit is needed depends on the prospective apprentice’s status. 7

Who needs this

• An employer must apply for a Beschäftigungsbewilligung if the prospective apprentice is not exempt from the rules on employing foreign nationals and does not already have a residence title giving access to the labour market. The permit is issued to the employer for the named person and a specific workplace. 57
• Recognised refugees and people with subsidiary protection have free access to the labour market. Certain family members also have free access if the conditions for their status are met. Holders of a Rot-Weiß-Rot-Karte plus, a residence title as Familienangehöriger or Daueraufenthalt – EU may work throughout Austria. 57

Step by step

1. Check the prospective apprentice’s residence and labour-market status. If a Beschäftigungsbewilligung is needed, the prospective apprentice must have a valid right of residence that does not exclude employment, and the employer must obtain the permit before training starts. 57
2. The employer submits the written application on the Beschäftigungsbewilligung form to the regional office of the Public Employment Service (Arbeitsmarktservice, AMS) responsible for the intended workplace. If the workplace changes location, the AMS office responsible for the employer’s place of business is responsible. 5
3. The AMS carries out a labour-market test (Ersatzkraftverfahren). A permit for an apprentice can be issued only if no preferred, equally qualified worker can be successfully placed in the apprenticeship position. The employer must respond to AMS referrals and give reasons if it does not hire a referred candidate; refusing referrals outright prevents approval. 17
4. The employer must meet the applicable employment conditions, including pay, working conditions and social-insurance rules, and provide a declaration that the works council has been informed of the intended hire. The AMS decides on applications after consulting a regional advisory board. 5

Documents

• Submit the prospective apprentice’s passport and registration form (Meldezettel), and evidence of their right of residence if required. Include certificates of qualifications, education and practical experience; a certified translation (beglaubigte Übersetzung) is required where necessary. 5
• Include evidence of previous employment in Austria if there has been any. Evidence concerning a spouse’s employment in Austria or military service in the home country is required in the relevant cases. Applications for Turkish nationals need the supplementary sheet under § 4c(1) AuslBG. 5

Cost and time

• The Beschäftigungsbewilligung application fee is 41 euros; the AMS sends payment instructions. The AMS must decide within six weeks. 5
• For apprentices, the permit is issued for the full apprenticeship and the period of continued employment required by law or a collective agreement. 78

Deadlines

• The permit must be granted before the apprenticeship begins. If a regional AMS office refuses the application, a written, reasoned appeal may be filed with that office within four weeks; the appeal does not suspend the decision. 57