Austria Lets Ukrainians Swap Temporary Protection for Residence Permits

Austria changed the rules for displaced Ukrainians on 15 October 2026. The federal government published an amendment to the Displaced Persons Ordinance (Vertriebenen-Verordnung) in the Federal Law Gazette as BGBl. II Nr. 304/2026. The new rules took effect at the end of the publication day. Earlier on 15 October, the Main Committee of the National Council approved the text with votes from the governing coalition and the Greens. The FPÖ voted against.

The amendment does three things. Newly arrived Ukrainians must show they met their military obligations under Ukrainian law. People who already hold temporary protection in another EU country no longer get protection in Austria. And people with protection in Austria now have a formal route to swap their status for a regular residence permit under the Settlement and Residence Act (NAG).

If you hold a blue displaced persons card, or you plan to move to Austria from Ukraine or another EU country, here is what changed and what to do next.

Why Austria changed the ordinance

The changes put an EU decision into Austrian law. On 30 July 2026, the Council of the European Union adopted Implementing Decision (EU) 2026/1912, published in the Official Journal on 4 August 2026. The decision extends temporary protection for people displaced from Ukraine by one more year, to 4 March 2028. The decision also excludes people who did not meet their military obligations under Ukrainian law and were therefore barred from leaving Ukraine, unless they hold an exemption.

Interior Minister Gerhard Karner presented the Austrian amendment to the Council of Ministers on 28 September 2026. His ministry said Austria pushed for the military rule at EU level together with Germany, Poland and Czechia. The swap route follows a Council of the EU recommendation of 15 September 2025, which asked member states to let displaced people apply for other residence permits.

The numbers behind the decision

According to Interior Ministry notes cited by the Parliament press service, Austria has covered 147,022 people under the ordinance since the war began. About one third were children. As of 1 August 2026, 91,559 people held active displaced persons status. Of those, 25,600 received basic care support (Grundversorgung). The government expects the one-year extension to cost the federal budget EUR 174.5 million.

Karner told the committee about 11,000 Ukrainians already hold an NAG residence permit. FPÖ MP Christian Hafenecker said the government expects 15,000 more displaced people, and he put the combined federal and state cost of the extension at EUR 290 million.

New arrivals need proof of military compliance

Under the amended Section 1, a person displaced from Ukraine gets the temporary right of residence only where Ukrainian military obligations were met, with proof where needed. The Interior Ministry (BMI) lists accepted evidence:

• A legal exit from Ukraine, such as an exit stamp in your passport from Ukrainian border control
• A certificate from the Ukrainian Ministry of Defence confirming exemption from, or completion of, military duties
• The same certificate in digital form through the Reserv+ app

The BMI notes some Ukrainians outside conscription rules, of any age or gender, still carry military obligations, for example support tasks for military activities. So do not assume the rule targets only men of fighting age.

Who is shielded from the new test: The Austrian text exempts anyone who held displaced persons status on or before 30 July 2026 and has not lost the status since. If you registered before this date and stayed in Austria, nothing changes for you on this point. If you leave Austria for more than a short trip, your status ends under Section 4(3) of the ordinance, and a fresh registration would face the new test.

No second protection status inside the EU

The ordinance now excludes anyone who already holds a temporary protection residence permit in another EU member state. Karner said the goal is to stop people from claiming protection benefits twice. Those rights include labour market access, schooling, health care, social support and housing.

You are still free to register in Austria after leaving protection elsewhere. The BMI says you need to prove your protection and social benefits in the other country have ended. A deregistration certificate (Abmeldebestätigung) from the other country is the main proof. Other evidence also counts, such as expired ID documents from the other state, proof you left the country, a cancelled rental contract or a return to Ukraine.

The new swap route into regular residence

Until now, Section 1(2)(1) of the NAG blocked displaced persons from most NAG permits, because they already held a residence right under the Asylum Act. The main exception was the Red-White-Red Card Plus for displaced persons, available since 1 October 2024. BMI guidance from March 2026 still said applications for other NAG permits were not allowed.

The new Section 4a of the ordinance opens NAG applications to people with displaced persons status under these rules:

• You give up your temporary residence right in writing, expressly and irrevocably, in case the authority grants your NAG permit.
• The waiver takes effect only on the day the NAG permit is issued. You never fall into a gap without status.
• You file the application inside Austria. Normally the NAG requires first applications from abroad.
• You give the waiver before the authority issues a decision. After the decision, a waiver is no longer allowed.
• If you apply before your temporary right ends, you stay lawfully in Austria until a final decision.
• Your lawful stay on temporary protection right before the new permit counts as settlement (Niederlassung) under the NAG, unless you received a temporary residence permit (Aufenthaltsbewilligung).

The last point matters for permanent residence. Under the NAG, five years of settlement lead toward the Long-term Resident EU permit (Daueraufenthalt EU), with German at Module 2 of the Integration Agreement. Time on protection directly before your switch counts toward those five years.

Greens MP Agnes Sirkka Prammer asked what happens if you give up protection for an NAG permit and later lose the permit, for example after a job loss. The committee record shows no answer. Treat the waiver as a one-way step.

What the Red-White-Red Card Plus route asks for

The BMI guidance for the Red-White-Red Card Plus for displaced persons gives a clear picture of what an NAG permit demands. The BMI wrote the guidance before the amendment, so ask your local authority whether the new waiver applies to this card too. The core conditions:

• At least 12 months of fully insured employment in Austria within the last 24 months, under ASVG or GSVG. Periods add up and need not be continuous.
• A valid passport, or a request for an exception if getting one is impossible or unreasonable for you
• German at A1 from ÖSD, Goethe-Institut, telc or the Austrian Integration Fund, or proof of Module 1, for example a recognised foreign university degree
• Accommodation with a legal title, such as a lease or a housing right agreement. A precarium (informal permission to stay) does not count.
• Full health insurance, which you already have through insured work
• No basic care support for you or your family members

Your net monthly income must meet the 2026 ASVG reference rates:

• Single person: EUR 1,308.39
• Married couple or registered partners: EUR 2,064.12
• Each child: EUR 201.88 extra

Rent and loan payments reduce your counted income, but the first EUR 386.43 of monthly costs is disregarded. Austria pays most salaries 14 times a year, so the authority spreads 14 payments over 12 months. Savings from legal sources count too. The fee is EUR 218 per application. The first card normally runs one year. After two years of settlement and Module 1, the card runs three years.

What to do now

• Already in Austria with a blue card: Your status stays valid to 4 March 2028. You do not have to switch. Weigh the switch if you work, earn above the reference rates and want a path to long-term residence.
• Before you sign a waiver: Check your income, housing contract and German certificate first. An A1 certificate must be no older than one year when you submit.
• Planning to arrive from Ukraine: Keep your passport exit stamp and download your Reserv+ record before you travel.
• Moving from another EU country: Deregister in the other country and keep the Abmeldebestätigung before you register with the Austrian police.
• Family members: A Red-White-Red Card Plus gives you access to family reunification for spouses, registered partners and minor children, including relatives without displaced status. Spouses must both be over 21.

Applications go to the settlement authority where you live. In Vienna, MA 35 handles them. In Graz, the Styrian state government handles them. Elsewhere, the district authority or the city magistrate in statutory cities takes your file.

Austria now joins the EU push to move displaced Ukrainians from temporary protection into regular residence ahead of March 2028. If you plan to stay, start building your work record, German level and housing paperwork today.