Employment permits within seasonal quotas

As an employer, you submit the application for a quota permit to the competent regional
office of the Public Employment Service, the AMS.

The permit is granted if:

• The labour market test carried out by the AMS shows that no domestic or already integrated worker registered
  with the AMS can be referred
• A free quota place is available
• You comply with the applicable wage and working conditions
• You prove that customary local accommodation is available for the duration of the seasonal employment

The maximum validity period of a quota permit is generally six months. A seasonal worker may
be employed with quota permits for a maximum of nine months within a twelve-month period.

If an already granted permit is extended or if there is a change of employer within this
period, the requirement of a free quota place does not apply.

Quota permits for harvest workers may be granted only for a maximum of six weeks.

Seasonal workers who were employed in agriculture and forestry under quotas during the past
three years may receive an employment permit with a total duration of nine months.

Regular seasonal workers

For businesses with regularly recurring seasonal demand, there is the option of using
so-called regular seasonal workers.

Under the regulation in force since 1 January 2022, seasonal workers who were employed in
tourism or in agriculture and forestry under seasonal quotas for at least three months in at least three calendar
years during the past five calendar years may register with the AMS as regular seasonal workers.

Registered regular seasonal workers receive employment permits outside the seasonal quotas
and without a labour market test. Such a permit is valid for a maximum of six months. Several permits per calendar
year and sector are permissible, whereby the total duration of all approved employment periods may not exceed nine
months per calendar year.

For new regular seasonal workers who were employed on a temporary basis in agriculture and
forestry during the past three calendar years, an employment permit with a total duration of nine months may be
issued.

Entry and residence of seasonal workers

Depending on the duration of the planned employment, a category C or D visa is required for
entry.

The visa is issued by the competent Austrian representative authority abroad if:

• The general visa requirements are met
• A valid employment permit from the AMS is available

For short-term seasonal work of up to 90 days within 180 days, a category C visa with a
framework validity of up to five years may be applied for proven and properly employed seasonal workers. However,
a separate employment permit is still required for each individual season.

If employment of more than 90 days is planned or if a permit with a validity period of more
than 90 days exists, a category D visa must be applied for.

In the case of an extension or the granting of a further employment permit, a visa extension
may, under certain conditions, also be applied for domestically at the competent provincial police directorate.

Fees

In individual cases, a reduced fee may apply to a category C visa if a
corresponding EU visa facilitation agreement exists.

Important notes