Austria lets single-permit holders change employer after 45 days

Austria lets single-permit holders change employer after 45 days

6 October 2026: Austria has changed its residence and foreign-employment laws so that a foreign worker on a combined work and residence permit can start with a new employer without waiting for a final decision, and can keep the permit through a spell of unemployment. The amendments to the Settlement and Residence Act (NAG) and the Foreign Nationals Employment Act (AuslBG) are published as Federal Law Gazette I No. 81/2026, and the parliament's records show both chambers passed them with the votes of ÖVP, SPÖ and NEOS against FPÖ and the Greens. Fragomen, an immigration law firm, reported on 6 October that the changes apply from 7 August 2026.

Not yet independently verified. The 7 August 2026 effective date comes from the Fragomen report as relayed by ETHRWorld; we could not open the Gazette text itself. Fragomen's own page was not read. We will update this when it can be confirmed, and remove this note.

The government's explanatory notes say the amendments implement the revised EU Single Permit Directive, Directive (EU) 2024/1233, which member states had to transpose by 21 May 2026. Three changes matter to employers.

Employer change. A permit holder may switch employer and purpose of stay, and may provisionally begin the activities covered by the new purpose no later than 45 days after notifying the authorities, even if the application is still open. ETHRWorld's account of the Fragomen report says this does not extend to intracompany transferees, and that the rules for EU Blue Card holders are unchanged.

Unemployment. A permit cannot be withdrawn because of unemployment during the first six months, and the period can be extended in some circumstances. Before the change, only EU Blue Card holders had this protection. The worker must tell the authorities when the job ends, and some permit holders, such as intracompany transferees and posted workers, are excluded.

Decision deadlines. The NAG gains a general decision period of 90 days from a complete application, which can be extended by 30 days for complex cases. Shorter existing deadlines, including those for Red-White-Red Cards and Blue Cards, stay. The notes add that the 90-day rule applies to proceedings started after the law took effect. The notes also let all family members with a family-reunification residence permit apply for a combined permit when they seek a job with a named employer.

HR teams hiring across borders in Austria should note that a candidate already on a single permit can now move faster, while the worker's right to start depends on having notified the authority.

Related on TrustList:

• House bill would lift H-1B penalties to $250,000 and a 10-year ban
• DHS proposes a $70,000 school fee for each student's first OPT

Sources

• Austrian Parliament: Niederlassungs- und Aufenthaltsgesetz, Ausländerbeschäftigungsgesetz, Änderung (443 d.B.), 7 October 2026
• Austrian Parliament: explanatory notes to the government bill (443 d.B.), 24 March 2026
• ETHRWorld, citing a Fragomen report: Austria immigration rules eased for foreign workers, 7 October 2026