Journal

Self employed key worker: business plan, opinion and NAG application

Red-White-Red Card for self-employed key workers under section 41(2)(4) NAG and section 24(1) AuslBG: macroeconomic benefit, business plan and AMS opinion in order.

6 August 2026
Application
Mag. Mirela Saric, Attorney at Law

The Red-White-Red Card for self-employed key workers under section 41(2)(4) NAG is the residence title for third-country nationals who take up a self-employed activity of macroeconomic benefit in Austria. Materially, the title decision is carried by the expert opinion of the Public Employment Service (AMS) under section 24(1) in conjunction with section 24(3) AuslBG. The business plan is the central piece of evidence with which the macroeconomic benefit is established.

The procedure interlocks two levels. Section 41(2)(4) NAG sets the residence-law basis while section 24(1) AuslBG defines the labour-market criteria: transfer of investment capital of at least 100,000 euros, creation of new jobs or securing of existing jobs or at least significance for a region. These criteria are alternatives. The 100,000 euro figure is quoted verbatim in the statute while regional significance remains a separate standalone route.

The AMS regional office at the place of business prepares its opinion within three weeks after hearing the regional directorate. NAG authority and AMS decide jointly on the application within at most eight weeks under section 41(3) NAG. Both deadlines are statutory maxima and not service commitments.

This article covers the title basis, the criteria, the AMS procedure, the business plan, the boundary with the start-up route, the eight-week deadline, further requirements and extension. For an overview of the card itself, the topic page Red-White-Red Card gives orientation.

Self-employed check

Where do you stand in the self-employed key worker procedure?

The check sorts route, benefit profile and the state of the business plan. From every result an enquiry with the chosen context can be sent.

Already know you want to get in touch? Go straight to the enquiry form.

01 Question 1

Which route best describes your baseline?

All paths at a glance

Overview of all answers.

01

Prepare the application with a consolidated business plan

Benefit profile and business plan are in place. The application under section 41(2)(4) NAG can be filed together with the Part 1 evidence, the business plan and the benefit documentation. The AMS opinion under section 24(1) in conjunction with section 24(3) AuslBG follows within three weeks. The joint decision under section 41(3) NAG follows within at most eight weeks.

02

Clarify the benefit profile before the application

Without a solid benefit case, the AMS opinion lacks a basis. Investment, employment effect or regional significance are standalone alternatives in section 24(1) AuslBG. The business plan should document one of the three lines plausibly before the application is filed.

03

Refine the business plan in a targeted way

The business plan should combine market analysis, profit and loss projection, investment and financing plan, job planning and regional impact in a comprehensible way. Where one of the building blocks is missing, the macroeconomic benefit within the meaning of section 24(1) AuslBG is harder to establish. Additions before submission save time in the procedure.

04

Assess the start-up route under section 41(2)(5) NAG

Those who build an innovative business with a business plan and personal influence on management follow the specific title route under section 41(2)(5) NAG in conjunction with section 24(2) AuslBG (points model under Annex D, capital of at least 30,000 euros with at least 50 percent equity). The article Red-White-Red Card for start-up founders sorts the details.

05

Alternative title routes for employed activity

Where the activity is in fact employed, other titles are more suitable. For highly qualified specialists the EU Blue Card offers its own route while for employed Red-White-Red Cards the article on employer documents helps. In addition, especially highly qualified profiles are covered in the points and job offer model.

06

Set up the extension under section 24 NAG in good time

For the extension of an existing title the general rules of section 24 NAG apply. The application must be filed in good time before expiry. The updated business plan, running benefit evidence and current Part 1 evidence remain the basis. Section 41a(1) NAG does not provide a direct Card-plus route for a self-employed key worker under section 41(2)(4); any other target title must be assessed under its own conditions.

Title basis section 41(2)(4) NAG and section 24(1) AuslBG

Section 41(2)(4) NAG provides that a Red-White-Red Card for self-employed key workers is issued to third-country nationals where the Part 1 requirements of the NAG are met and an expert opinion of the AMS regional office under section 24(1) in conjunction with section 24(3) AuslBG is available. Two items are carved out from the Part 1 requirements: section 11(2)(2) (blanket evidence of a legal entitlement to locally customary accommodation) and section 11(2)(4) (blanket means of support). Health insurance cover and the further Part 1 requirements remain.

The material admission follows section 24(1) AuslBG. Foreigners are to be admitted as self-employed key workers where their intended gainful activity has a macroeconomic benefit, in particular with regard to the associated transfer of investment capital of at least 100,000 euros or the creation of new or securing of existing jobs or where it has at least significance for a region. The wording lists the three criteria as alternatives connected by the word or.

The title is therefore clearly outlined: residence law is carried by section 41(2)(4) NAG while labour-market law is carried by section 24(1) AuslBG. For the basic classification of the Red-White-Red Card the topic page Red-White-Red Card and for the application path the article on the first application inside or outside Austria give orientation.

Macroeconomic benefit and the three alternatives

The central concept of section 24(1) AuslBG is macroeconomic benefit. The statutory wording lists three alternatives. The first is the transfer of investment capital of at least 100,000 euros. The figure is quoted verbatim. It is the reference value for the investment line but not the only route to obtaining the title. Those who can establish this volume should show origin of funds, transfer route and use in the business plan.

The second alternative is the creation of new or securing of existing jobs. What counts here is concrete planning: which positions arise, which roles do they take on and which competences are required? Where existing jobs are secured, the business plan shows why the project sustains the existing workforce over the long term.

The third alternative is significance for a region. It stands independently alongside investment and jobs. Regional significance can arise from location factors, value creation or supply contributions. On this route the business plan should document regional references, demand or supply data and the anchoring at the place of business.

The alternatives can overlap. A robust project often carries elements of all three lines. For the opinion, however, it is sufficient in principle if one of the three alternatives is documented reliably. A blanket investment without substance does not trigger any automatism.

AMS opinion under section 24(3) AuslBG

Section 24(3) AuslBG governs the opinion. Competent is the regional office of the Public Employment Service in whose district the place of business is located. The regional office has to prepare its opinion within three weeks after hearing the regional directorate. The deadline relates to the opinion itself and starts with the corresponding procedural step.

The opinion examines whether the intended gainful activity has macroeconomic benefit. The basis is the business plan with market analysis, investment profile, job planning and regional reference. The regional directorate is a social-partnership body of the regional office whose hearing is provided by law.

The three-week deadline is a statutory maximum and not an automatism. Complete and structured documents facilitate swift processing. Missing building blocks, unclear figures or blanket wording provoke queries and extend the procedure.

Procedurally the opinion flows into the joint decision under section 41(3) NAG. The application is filed with the NAG authority while the regional office is involved. The result feeds into the residence-law decision.

Business plan as central evidence

The business plan carries the substantive evidence of macroeconomic benefit. A robust plan regularly includes market analysis with competition and target group, investment and financing plan with origin and use of funds, revenue and profit projection with realistic assumptions, job planning with roles, timeline and remuneration and a description of the regional impact at the place of business.

For the investment line, origin and transfer route of the funds are decisive. Bank confirmations, contracts or participation documents support the evidence. The value of 100,000 euros under section 24(1) AuslBG is the reference figure quoted verbatim; it is not an automatism but a strong indicator within the investment route.

For the employment line, role profile, timeline and anchoring in the business plan count. Where jobs are secured, the baseline and perspective should be traceable. For the regional line, location data, customer structure or supply aspects help.

In addition to the business plan the application includes the Part 1 NAG evidence except section 11(2)(2) and (4). Health insurance cover under section 11(2)(3) remains mandatory; our article on health insurance in NAG proceedings gives orientation. On general questions of means of support the article on secure means of support helps even though the blanket evidence under section 11(2)(4) is carved out here.

Boundary with the Red-White-Red Card for start-up founders

Section 41(2)(5) NAG in conjunction with section 24(2) AuslBG governs a specific route for start-up founders. This route is to be separated from the classic self-employed key worker under section 24(1) AuslBG. The start-up route builds on a points model under Annex D and requires an innovative product, service, process or technology, a coherent business plan, essential personal influence on management and capital of at least 30,000 euros with at least 50 percent equity.

The classic self-employed key worker under section 24(1) AuslBG is not focused on innovation. It covers projects with investment, employment effect or regional significance. Those assessing both routes should compare the innovation core, the capital profile and the Annex D points against the criteria of section 24(1).

The details of the start-up route and the Annex D points are sorted in the article Red-White-Red Card for start-up founders. Those who do not clearly choose a route risk mixing them, which deprives the AMS opinion of its basis.

Eight-week deadline and further Part 1 requirements

Section 41(3) NAG provides that the NAG authority and the AMS regional office decide jointly on the application within at most eight weeks. This deadline is the statutory maximum for the joint decision. It is not a service commitment. Complete documents and a robust business plan are the most reliable basis for a swift decision within this deadline.

The Part 1 NAG requirements remain applicable except for section 11(2)(2) (blanket evidence of locally customary accommodation) and section 11(2)(4) (blanket means of support). Identity proof, travel document, health insurance cover and the further general requirements must be met. The carve-out of two evidence lines is not an opening but an adjustment to the logic of the self-employed key worker.

Where a quota procedure applies, the rules on the quota place apply. For the practical organisation of the application, the first application checklist and the residence permit check help. The topic page applying for a residence permit sorts the route in general.

Extension and possible later residence titles

The classic self-employed key worker under section 41(2)(4) NAG has no direct follow-up route to the Red-White-Red Card plus under section 41a(1) NAG. That provision covers section 41(1) and section 41(2)(1) to (3a), but not item 4. The special Card-plus rule in section 41a(7a) applies only to start-up founders under section 41(2)(5).

Anyone seeking a different title later must meet that title's own conditions. Self-employment, positive business development or the passage of time alone does not create a Card-plus claim. Before any change of purpose, the target title, filing time and required evidence must be assessed separately.

Extension under section 24 NAG remains the central continuation route. The application must be filed in good time before expiry; the updated business plan, investments, employment development and regional impact should continue to substantiate the benefit criteria. Our article on renewing a residence permit sets out the filing window and procedural steps.

Frequently asked questions on the self-employed key worker

Does the investment have to reach 100,000 euros?

No. Section 24(1) AuslBG names the transfer of investment capital of at least 100,000 euros as the reference figure quoted verbatim within the investment route. Alongside this are the creation or securing of jobs and the significance for a region as standalone alternatives. Those who reliably establish one of the other lines can obtain the Red-White-Red Card for self-employed key workers even without this volume.

What role does regional significance play?

Significance for a region is a standalone alternative in the statutory text next to the investment or employment line. It can arise from location factors, regional value creation or supply contributions. The business plan should document the regional reference at the place of business concretely so that the AMS opinion can carry this line.

How quickly does the AMS decide?

Section 24(3) AuslBG provides that the regional office prepares its opinion within three weeks after hearing the regional directorate. This is the statutory maximum. On the application the NAG authority and the AMS decide jointly within at most eight weeks under section 41(3) NAG. Both deadlines assume complete documents.

Does the self-employed key worker title lead directly to the Card plus?

No. Section 41a(1) NAG does not cover a self-employed key worker under section 41(2)(4). Section 41a(7a) applies only to start-up founders under section 41(2)(5). For the classic self-employed key worker, timely extension and, where relevant, another target title with its own conditions are the central options.