- Key takeaways
- What is the Asylum and Migration Pact Adjustment Act (AMPAG)?
- What is changing under the Settlement and Residence Act (NAG) amendment?
- Who is affected — and when do the changes take effect?
- EES and ETIAS: what cross-border employers must plan for
- What Austrian employers should do now
- FAQ
Austria’s immigration reforms 2026 arrive in two parts: the Asylum and Migration Pact Adjustment Act (AMPAG), in force since 12 June 2026, and a Settlement and Residence Act (NAG) amendment that eases the combined work-and-residence permit for third-country nationals. For most employers, the NAG changes matter far more than AMPAG.
Two separate pieces of Austrian law changed the picture for companies hiring non-EU nationals in 2026, and they are easy to confuse. One implements the EU Pact on Migration and Asylum and is largely about asylum procedure. The other reshapes labour-market access and is the one HR and mobility teams should read closely.
This article separates the two, explains what actually changes for employers, and sets out what to do before the labour-market provisions take effect.
Key takeaways
- AMPAG entered into force on 12 June 2026 and mainly implements the EU asylum framework; its employment-law effect is minor.
- The Settlement and Residence Act (NAG) amendment — transposing EU Directive 2024/1233 — eases the combined work-and-residence permit and introduces a general 90-day authority decision period.
- New rules make changing employers simpler and ease conditions in the first six months of unemployment for permit holders.
- Entry into force of the NAG changes depends on federal-state approval and was not expected before August 2026 — confirm the current status before relying on it.
- The EU Entry/Exit System is live in Austria, and ETIAS is planned for Q4 2026; both affect assignment and travel planning.
What is the Asylum and Migration Pact Adjustment Act (AMPAG)?
The Asylum and Migration Pact Adjustment Act (AMPAG) is the Austrian law that implements the EU Pact on Migration and Asylum nationally. It took effect on 12 June 2026. Beyond asylum rules, it makes minor amendments to the Foreign Employment Act (AuslBG), but from an employment-law perspective it changes little.
AMPAG was passed by the Nationalrat in an extraordinary sitting on 20 May 2026 and described by the Interior Ministry as the most significant overhaul of Austria’s immigration framework in two decades. Most of that weight sits in asylum procedure — a mandatory pre-entry screening, border procedures centred on Vienna-Schwechat Airport, and quota-linked family reunification for beneficiaries of international protection.
For employers, the practical takeaway is narrow. The changes to the AuslBG are clarifications on the residence-law conditions under which asylum seekers may access the labour market. The more substantial labour-market reforms were deliberately split into a separate legislative track — the NAG amendment below.
What is changing under the Settlement and Residence Act (NAG) amendment?
The Settlement and Residence Act (NAG) amendment implements EU Directive 2024/1233 and eases how third-country nationals obtain a combined work-and-residence permit. It introduces a general 90-day decision period, simpler rules for changing employers, and softer conditions during early unemployment.
This is the reform that touches day-to-day hiring. The draft passed in May 2026 and its main elements are:
- Easier combined permit: simpler issuance of a single work-and-residence permit for employed third-country nationals, in line with the EU Single Permit Directive recast (Directive 2024/1233).
- A 90-day decision clock: a general 90-day period for authorities to decide, with some exceptions — aimed at making timelines predictable.
- Changing employers: supplementary provisions for switching employer and the associated change of purpose of stay.
- Early unemployment: eased conditions during the first six months of unemployment, reducing the risk that a permit holder loses status between roles.
- Family reunification: for refugees and beneficiaries of subsidiary protection, moved from asylum law into the NAG.
- Regional quotas: residence permits allocated annually based on regional capacities.
Corresponding adjustments to the AuslBG accompany these changes, so the work-authorisation and residence sides move together.

Who is affected — and when do the changes take effect?
The NAG amendment affects any company employing or planning to employ third-country nationals in Austria. It required prior approval from the federal states — which can take up to eight weeks — so publication and entry into force were not expected before August 2026. Confirm the current status before relying on the new rules.
The EU transposition deadline for Directive 2024/1233 was 21 May 2026, which is why Austria moved when it did. Because the constitutional process needs the Bundesländer to sign off, the exact commencement date (the Kundmachung) can lag the political decision. That timing gap is the single most common thing companies get wrong here.
In our Austrian onboarding work, the bottleneck is rarely the AuslBG check itself — it is the federal-state step and the wait for a decision. The new 90-day clock is designed to tame exactly that, but until the amendment is formally in force, existing processing times still apply. Plan assignment start dates against the rules actually in force on the day you file.
| AMPAG | NAG amendment | |
| Implements | EU Pact on Migration and Asylum | EU Single Permit Directive 2024/1233 |
| Main focus | Asylum procedure, border screening | Labour-market access, permits |
| In force | 12 June 2026 | Expected from ~August 2026 (confirm) |
| Employer impact | Minor (AuslBG clarifications) | Significant — easier permits, 90-day clock |
EES and ETIAS: what cross-border employers must plan for
The EU Entry/Exit System (EES) is live in Austria and ETIAS is planned for Q4 2026. EES electronically records third-country nationals’ short-stay entries and exits across the Schengen Area; ETIAS will add a digital pre-authorisation for visa-free travel. Both need factoring into assignment and business-travel planning.
EES was rolled out in Austria from October 2025 and has applied fully since April 2026. For companies moving people across borders, the effect is tighter tracking of short stays — which makes it easier to breach the 90-days-in-180 short-stay limit without noticing. ETIAS, expected in the fourth quarter of 2026, adds a pre-travel authorisation step for visa-exempt nationals that should be built into travel lead times. (See the official EU Entry/Exit System pages for both.)
What Austrian employers should do now
- Confirm whether the NAG amendment is formally in force on the date you plan to file — do not assume the eased rules apply yet.
- Map current and planned third-country hires against the new combined-permit and change-of-employer provisions.
- Rebuild assignment timelines around the 90-day decision period once it applies, and against existing times until then.
- Add EES short-stay tracking and Q4 2026 ETIAS pre-authorisation to your travel and assignment planning.
- For contractor engagements, use an Agent of Record to keep classification and payments compliant while the permit rules settle; for employees, line up immigration and permit support early.
FAQ
When did AMPAG come into force in Austria?
AMPAG — the Asylum and Migration Pact Adjustment Act — came into force on 12 June 2026, after the Nationalrat approved it on 20 May 2026. It implements the EU Pact on Migration and Asylum and makes only minor changes to the Foreign Employment Act, so its direct employment-law effect is limited.
Does the Austria single permit now have a 90-day decision period?
The Austria single permit reform introduces a general 90-day decision period for the authorities, with some exceptions, under the Settlement and Residence Act amendment transposing EU Directive 2024/1233. It applies once the amendment is formally in force, which depends on federal-state approval — confirm the commencement date before relying on it.
Can a third-country national change employer under the new Austrian rules?
Changing employer becomes easier under the new Austrian rules: the NAG amendment adds provisions for switching employer and the associated change of purpose of stay, and eases conditions during the first six months of unemployment. This reduces the risk of losing residence status between roles once the amendment takes effect.
What is EU Directive 2024/1233?
EU Directive 2024/1233 is the recast Single Permit Directive, which simplifies the combined work-and-residence permit for third-country nationals across the EU. Member States had to transpose it by 21 May 2026; Austria does so through the Settlement and Residence Act amendment.