Employing Ukrainian nationals in Austria

Valentina Arnez explains in a feature on www.derstandard.at important questions on how to employ Ukrain nationals in Austria

Read the entire article on how refugees from the Ukraine can be employed in Austria on https://www.derstandard.at/story/2000134478955/was-arbeitgeber-bei-der-beschaeftigung-von-ukrainern-beachten-muessen.

For non-German speaking readers we have summarized a few important questions below:

Question: As an employer, can I employ Ukrainians who have fled the war and came to Austria?

Answer: Ukrainians who left Ukraine on or after 24th of February 2022 or who previously stayed in Austria, either on the basis of a residence permit or visa-free, can apply for the so-called identity card for displaced persons ("Ausweis für Vertriebene"). After issuing this card, the persons may be employed in Austria if a work permit is issued for the person concerned by the regional public employment service ("AMS") via the employer’s request.

Question: Which persons are entitled to an identity card for displaced persons?

Answer: In Austria, the following persons can obtain an identity card for displaced persons, if they left Ukraine on or after 24th of February 2022:

- Ukrainian nationals residing in Ukraine until 24th of February 2022 and their family members;

- Stateless persons and third-country nationals who have been granted international protection (asylum) in Ukraine before 24th of February 2022 and their family members;

In addition, Ukrainian nationals who had a valid residence permit under the NAG (or according to Articles 55-57 AslyG) on 24th of February 2022, but whose residence permit was not (or will not be) extended or withdrawn, as well as Ukrainian nationals who were legally resident in Austria on 24th of February 2022, whose visas or visa-free stay is expiring, may also receive the identity card for displaced persons, due to their inability to return home because of the war.

Question: Where can I apply for this identity card for displaced persons?

Answer: The identity card for displaced persons will be issued automatically after the Ukrainian refugees have registered in the relevant registration office. Such registration offices have been set up nationwide, especially in police departments. For registration, one should bring his personal documents with him (if available) as well as a registration form, if the person already has accommodation in Austria.

Question: What do I have to submit as an employer for the issuance of a work permit?

Answer: For the issuance for a work permit, an application form must be completed, which provides information about the company and the position that the Ukrainian national will work in. In order to complete this application form correctly, you will need personal data from the applicant and the ID Card of the displaced person. You should also ask about training certificates, relevant qualifications and a CURRICULUM VITAE.

Question: How long will the issued work permit be valid for?

Answer: This depends on the employment relationship. In case of fixed-term employment relationships, the work permit is valid until the end of the fixed-term, but for a maximum of 12 months. In case of a permanent employment relationship, the work permit can be issued for a maximum of 12 months. In case of a Ukrainian applicant, the employment permit is expected to be issued until 3rd of March 2023 at the latest, as the status of a displaced person is valid until then.

In case you need any particular information, please feel free to reach out under v.arnez@oberhammer.co.at.

 

Valentina Arnez

Valentina Arnez

Attorney-at-Law, Partner
CV