Who Is the New Permit Designed For?

The cross-border commuter permit targets individuals who:

• Permanently reside in a country next to Austria – for example Germany, Czechia, Slovakia, Hungary, Slovenia, Italy, Switzerland or Liechtenstein; and
• Travel regularly to Austria for work, taking up employment in a border district or in certain nearby statutory cities such as Innsbruck, Salzburg, Klagenfurt and Villach.

The new rules are particularly relevant for third-country nationals who have so far had to rely on less suitable arrangements (like full relocation permits or repeated short-term postings), even though they return to their home country on a daily or frequent basis.

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Eligibility Criteria

To qualify for the frontier worker / cross-border commuter permit, applicants generally need to meet all of the following conditions:

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1. Long-Term Residence in a Neighbouring Country

• The applicant must hold a permanent residence title in a country that shares a land border with Austria.
• This status must provide unrestricted access to the local labour market (for example, a long-term EU residence permit).

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2. Main Residence Outside Austria

• The person must genuinely live in the neighbouring state and keep the centre of their life there.
• They commute to Austria for work but do not move their primary residence into Austria.

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3. Work in an Austrian Border Area

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The place of work in Austria must be located in:

• a political district directly adjoining the worker’s country of residence; or
• a statutory city that is surrounded by such a district or directly borders another state (e.g. Innsbruck, Salzburg, Klagenfurt, Villach).

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4. Regular Cross-Border Commuting

• The permit is intended for daily or frequent commuting for employment purposes.
• Occasional trips to Austria or purely remote work from abroad do not fall within the concept of a cross-border commuter.

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5. Employment in Austria and a Valid Contract

• A binding job offer or employment contract with an Austrian employer is required.
• The employer’s registered office can be anywhere in Austria, but the actual work location must be within the eligible border region.

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6. Labour-Market Approval by AMS

• The Austrian Public Employment Service (Arbeitsmarktservice – AMS) must issue a positive expert opinion, confirming that no suitable candidate is available on the local labour market for the role.

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7. Third-Country National Status

• The permit is aimed at third-country nationals who already hold a long-term residence title in a neighbouring state.
• EU/EEA and Swiss citizens continue to rely on free-movement rights and therefore do not need this permit.

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8. Excluded Groups

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Certain categories of individuals are explicitly excluded from this route, even if they live in a neighbouring country, including:

• Students
• Seasonal workers
• Posted workers
• Persons with refugee status, subsidiary protection, or temporary residence only under the EU Mass Influx Directive

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Contact and Disclaimer

Should you have any questions regarding the above information, or require assistance with your immigration or global mobility matters, please don’t hesitate to contact our legal team at Hudson McKenzie. You can reach us by email at londoninfo@hudsonmckenzie.com or by telephone at +44 (0) 20 3318 5794.

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For office locations, please visit our Our Offices page.

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The information provided in this blog is for general guidance only and does not constitute legal advice.