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Austria’s work permit system is designed to prioritize local and EU/EEA workers before hiring third-country nationals.?To ensure this, Austria uses a labour market test (Arbeitsmarktprüfung) for certain work permit categories.?This process determines whether a job can be offered to a foreign worker only when no suitable local candidate is available.
Here’s a clear breakdown of how the labour market test works and when it applies.
1. What Is the Labour Market Test in Austria?
The labour market test is an assessment carried out by the Public Employment Service (AMS).?AMS checks whether a job vacancy can be filled by:
• An Austrian citizen,
• An EU/EEA citizen, or
• A legally resident foreign worker with free access to the labour market.
Only if AMS confirms no suitable candidates are available, it issues a positive labour market assessment, allowing the employer to hire a third-country national.
2. When Is the Labour Market Test Required?
The labour market test applies mainly to:
• Standard Work Permits (Beschäftigungsbewilligung)
• Temporary work permits
• Certain sector-based or regional job roles
It is required when the foreign worker does not qualify for fast-track programs like the EU Blue Card or Red-White-Red (RWR) Card categories.
3. When Is the Labour Market Test Not Required?
No labour market test is needed for:
• EU Blue Card applicants
• Red-White-Red Card applicants, such as:
? Very Highly Qualified Workers
? Skilled Workers in Shortage Occupations
? Graduates of Austrian universities
? Start-up founders
? Key workers
• Intra-company transferees (ICT permit)
• Dependent family members applying for a Red-White-Red Card Plus
• Highly salaried specialists meeting specific criteria
These categories are exempt because Austria prioritizes attracting skilled talent without delaying employer hiring needs.
4. How the Labour Market Test Works
When an employer applies for a work permit (Beschäftigungsbewilligung), AMS performs the following steps:
Step 1: Vacancy Review
AMS checks whether the employer has submitted accurate job details — salary, qualifications, and duties.
Step 2: Candidate Search
AMS searches its database for:
• Unemployed jobseekers
• Registered EU/EEA workers
• Residents with open labour market access
Step 3: Matching Candidates
If matching candidates exist, AMS refers them to the employer.
Step 4: Employer Feedback
The employer must provide written feedback on whether each candidate is:
• Suitable
• Not suitable (with valid justification)
• Rejected due to lack of skills
Step 5: Final Assessment
AMS issues:
• Positive labour market test → employer may hire the foreign worker
• Negative labour market test → application is rejected, and the foreign worker cannot be employed
5. Requirements Employers Must Meet
To pass the labour market assessment, employers must show:
• Market-rate salary compliant with the collective agreement (Kollektivvertrag)
• Full-time employment unless applying for specific part-time roles
• Suitable working conditions under Austrian labour law
• A genuine job vacancy (not created only to sponsor a foreign worker)
• Proof of attempts to hire within the local/EU labour market
6. Processing Time
Labour market tests in Austria generally take:
• 2–6 weeks, depending on:
? Region
? Job sector
? Availability of local candidates
Submitting a complete application helps avoid delays.
7. Impact on the Work Permit Application
A positive AMS decision allows the employer to proceed with:
• A Work Permit (Beschäftigungsbewilligung) application, or
• Further processing through the Red-White-Red Card framework (if applicable)
A negative decision means the employer must:
• Reassess the job offer, or
• Advertise the vacancy again before reapplying
Key Takeaway
Austria requires a labour market test for most standard work permits to ensure priority for local and EU/EEA jobseekers.?However, many high-skilled categories — such as EU Blue Card and Red-White-Red Card workers — are exempt from this requirement.?Employers must present fair salary, legitimate job openings, and proper documentation to secure a positive AMS assessment.
Disclaimer
This article is for informational purposes only and does not constitute legal or immigration advice.?Labour market test rules in Austria may change based on AMS regulations, job market needs, and updates in immigration law.?Always verify requirements with the Public Employment Service (AMS) or your local Austrian embassy before applying.
November 14, 2025
