The chronology of stays is incomplete.
Record places of stay, overnight stays and return dates for the relevant period. The residence question can then be assessed against the whole way of life.
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Dual residence in the EEA: driving licence, normal residence and recognition
Dual residence in the EEA: normal residence, the 185-day rule, personal and professional ties, and records for obtaining a driving licence.
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10 September 2026, Mag. Bernhard Brandauer, Rechtsanwalt
A person who lives or works in two EEA states may generally obtain a driving licence in the state of normal residence. A registered address alone is not enough. The assessment considers actual days of residence together with personal and professional ties.
Before applying, arrange the last twelve months by place of stay, return pattern and supporting records. This article deals only with the residence requirement for obtaining a licence and the resulting recognition question in Austria. Third-country licences, lost documents and foreign disqualifications are separate topics.
What normal residence means when obtaining a driving licence
What normal residence means when obtaining a driving licence
Under section 5 of the Austrian Driving Licence Act, residence for obtaining a licence is generally where a person has stayed demonstrably for at least 185 days within the last twelve months because of personal and, where present, professional ties. The rule focuses on the actual centre of life.
Article 12 of Directive 2006/126/EC describes normal residence as the place where a person normally lives for at least 185 days in a calendar year because of personal or professional ties. The Austrian assessment and the European definition must be applied to the facts of the individual period.
Residence review
What each fact can show in a residence assessment
When two states are involved, the documented connection to the actual centre of life matters.
| Fact | What it shows | What it does not decide alone |
|---|---|---|
| Registered address | registered address and start of registration | that normal residence was also located there |
| Actual days of stay | the pattern of presence during the relevant period | that every day involved the same personal ties |
| Work and family | professional and personal points of connection | that one tie conclusively fixes the centre of life |
Section 5 of the Austrian Driving Licence Act and Article 12 of Directive 2006/126/EC require an overall assessment. Registration or one contract cannot replace it.
When personal and professional ties are in different states
When personal and professional ties are in different states
If professional ties are in one state and personal ties in another, the concrete way of life matters. The assessment looks at where personal ties are located and whether the person returns there regularly. A fixed-term professional assignment may be assessed differently from a lasting relocation of life.
A second home, a workplace or a family address is only one part of the review. Record periods of stay, weekends and holidays, work schedules, household arrangements and family return patterns in one dated chronology.
The 185 days must fit the relevant period
The 185 days must fit the relevant period
The figure of 185 days is not a free choice mechanism between two states. It must fit the relevant period and the other ties. A person who works mainly in one state but regularly returns to the personal centre of life needs a particularly precise account of those returns.
Study or employment may be relevant to the assessment, but neither answers the residence question without the other circumstances. Where a stay is time-limited, it remains necessary to assess whether the former personal centre continues.
Which records make the residence review reliable
Which records make the residence review reliable
A useful starting point is a list of arrival and departure dates, overnight locations and the reason for each stay. Registration records, leases or ownership records, employment contracts and schedules, school or study records, family documents and evidence of regular returns can add context. The records must fit together in time.
Compare the records with the state where the licence is to be obtained. If an authority asks about residence or recognition in Austria, keep the application, response and supporting records together. The article on the driving licence authority and residence covers the Austrian authority side. For recognition and conversion of an already issued foreign document, see the separate guide to foreign driving licences.
Residence check
Is normal residence for obtaining the licence documented?
This check organises the period, ties and records. It does not replace an individual residence assessment.
Already know you want to get in touch? Go straight to the enquiry form.
Are actual stays in both states arranged by date for the relevant period?
All paths at a glance
Overview of all answers.
Organise residence and authority records →
Personal and professional ties are not fully supported.
Arrange workplace, family centre, housing records and regular returns in a dated overview.
The essential residence information is ready for review.
Submit the chronology together with the original records. The 185-day question must be assessed with the ties, not with one address alone.
The state of issue and recognition route are still open.
Record in which state the entitlement was or will be obtained. Have the residence requirement and recognition assessed as separate questions.
Related articles
Assess residence and foreign entitlement separately
FAQ
Frequently asked questions about dual residence in the EEA
Does the registered address alone decide normal residence? +
No. Registration is an important record, but it does not decide the issue alone. Actual periods of stay and personal and professional ties must be considered together.
Can I freely choose the state where I obtain my licence if I have two residences? +
The residence requirement is not a free choice. A licence should generally be obtained in the state of normal residence, which must be shown through the relevant period and way of life.
How are work in one state and family in another assessed? +
The answer depends on the concrete ties and return pattern. Where professional and personal ties are separated, the actual way of life must be assessed as a whole.
Are 185 days automatically sufficient? +
No. The 185 days must fit the relevant period and the personal and professional ties. The number is assessed together with the other circumstances.
Which records should I collect? +
Useful records include a dated chronology, registration records, housing documents, work or study records, family evidence and proof of regular returns. Explain inconsistencies in writing.
Topics
dual residenceEEAnormal residencedriving licence
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