Statement

The opinion assesses the introduction of the new residence title “cross-border commuter” pursuant to Section 68 of the Settlement and Residence Act as fundamentally positive, as for the first time a clear residence status has been created for third-country nationals employed across borders. The aim is to ensure legal certainty for employees and employers and to close the current gap between access to the labor market and the right of residence. At the same time, the residence permit remains strictly focused on the labor market and deliberately excludes integration, family and social law aspects. This can lead to legal and practical tensions, particularly in the case of de facto permanent residence in Austria.

Statement

The new “cross-border commuter” residence permit is intended to offer third-country nationals who live in a neighboring country and are employed in Austria a secure residence status. This establishes a systematic link between access to the labor market and the right of residence for the first time.

Procedure and responsibilities

The application is submitted to the competent NAG authority, whereby the AMS examines the requirements under labor market law. A positive AMS notification is a mandatory requirement for the granting of the residence permit; a negative decision leads to the termination of the procedure.

Effects on family, social benefits and citizenship

The residence permit excludes the possibility of family reunification, as no main residence is established in Austria. There is also no entitlement to family benefits and periods of residence are not taken into account for the subsequent granting of Austrian citizenship.

Health insurance

Cross-border commuters are covered by health insurance under the ASVG due to their employment in Austria. However, there are restrictions on access to healthcare services in the country of residence, unless bilateral agreements exist.

Overall rating

From a labor market policy perspective, the amendment creates a clear legal framework. At the same time, integration and social policy issues are deliberately not taken into account, which is why an ongoing evaluation and supplementary solutions – particularly in the area of health insurance – are recommended.

Detailed comments on the opinion

Statement on the residence permit ‘Grenzgaenger’ § 68 NAG