FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: +43 - (0)1 - 531 26 - 0 Legal...

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: +43 - (0)1 - 531 26 - 0

Legal migration to AustriaLegal migration to Austria

Ronald EppelFederal Ministry of the Interior

Department III/4Settlement and Residence Matters

November 14th, 2011


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Migration to Austria

residence

< 6 months

Aliens‘ Police

Act:

Visa

residence

> 6 months

Settlement and Residence Act:

stay permitsresidence permits

Asylum seekers

Asylum Actand Geneva Convention

permanent change of residence from one country to another


Legal Migration to Austria

Settlement and Residence Act:

Granting, rejecting withdrawal of residence permits of foreigners, who (wish to) reside in Austria for more than six months

Third country nationals

Documentation of the right of settlement under European Union law (implementation of the directive of free movement)

EEA-Citizens (and their family members)

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residence titles are granted to third country nationals as: •“stay permit“•“residence permit“•“residence permit – excepting gainful occupation“•“Red-White-Red – Card“•“Red-White-Red – Card plus“ •“EU Blue Card“ •“long-term resident – EC“

•“residence permit – dependant“•“residence permit – family member“•“long-term resident – family member“

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5


particular protection


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proof of legal claim to a domicile (accomodation) considered usual for a family of conmparable size in the area

documentation of health insurance covering all risks and the insurance is subject to performance in Austria as well

sufficient financial means: residence may not entail a financial burden on a territorial authority (no resorting to welfare aid from local authorities; regular monthly income must be equal to the amount of the standard rates of the General Social Insurance Act (ASVG); for singles: €793.40, for couples: €1,189.56, for each child additionally €122.41)

residence is not detrimental to public interests permit is not substantially detrimental to the relations of the Republic of Austria with

another country or subject under international law in a case of applying for prolongation of a stay/residence permit, the alien has

already fulfilled Module 1 of the integration agreement

Granting of a residence permit may be granted even if one of the above prerequisites has not been met if it is necessary in order to uphold private or family life (Art. 8 of the Convention on the Protection of Human Rights and Fundamental Freedoms)

general prerequisites


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no granting of residence titles:

if an extant residence prohibition is in force against the alien

if an extant residence prohibition of another EEA State is in force against the alien

if a legally effective expulsion order has been issued against the alien and less than 18 months have passed since his departure

marriage or adoption for purposes of residence is existent

if the alien has exceeded the term of permissible visa-exempt residence

if the alien was penalised legally effective during the past twelve months for evading border checks or for entering federal territory illegally




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German language skills prior to immigration:if applicant intends to reside in Austriabefore arrival: proof of German language skills on “level A1 (“according to the Common European Framework of Reference for Languages)

Evidence of language skills by a generally acknowledged language diploma or a course certificate from one of the following institutions: Austrian Language Diploma German, Goethe-Institut e.V., Telc GmbH and Austrian Integration Fund (AIF) ora generally acknowledged language diploma or course certificate from an institution, which has been appointed by order of the Federal Minister for European and International Affairs The language diploma or course certificate may not be older than one year when being submitted.

doesn‘t apply to applications submitted before July 1st 2011.



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German prior to immigration:

All third country nationals when first applying for a“Red-White-Red – Card plus““residence permit““residence permit – excepting gainful occupation““residence permit – dependant““family member“



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German prior to immigration - exceptions:persons who are underage when applyingpersons who cannot reasonably be expected to provide such evidence because of their physical or mental health conditionfamily members of “highly qualified” “Red-White-Red – Card” holdersfamily members of holders of a residence title “Blue Card EU” or of holders of a residence title “Long-term Resident – EC”. third country nationals applying for a stay permit

if necessary in order to uphold private or family life (Art. 8 of the Convention on the Protection of Human Rights and Fundamental Freedoms)


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A2-level Module 1 is intended to provide German language skills for in-depth basic language use

within two years of issuance of residence permit if applying for

– “Red-White-Red – Card“

– “Red-White-Red – Card plus“

– “residence permit“

– “residence permit – excepting gainful occupation“

– “residence permit – dependant“

– “family member“

For certain family members the Federal Government shall refund 50 % of the costs of German integration classes up to a maximum amount of €750, if such classes were successfully completed within 18 months of the start of the

compliance obligation.

Integration Agreement Module 1


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Integration Agreement Module 1

Module 1 is deemed to be completed if the following conditions have been fulfilled:Attendance of German Integration classes and evidence provided by the Austrian Integration Fund (AIF)Obtaining a generally acknowledged certificate of adequate German language skillsFinishing a school, graduation from which corresponds to a general university degree or to completion of a vocational secondary school,

excemptions apply to:third-country nationals who are still underage minors at the time of compliance obligation (aged 14 years or less)third-country nationals in bad health conditionthird-country nationals, who have declared in writing, that they will not stay in Austria for more than 12 months within a 24 months period


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official competences

functional competence:

provincial governor: responsible for all stay and residence permitsMinister of the Interior: appeal authority

district administrative authority: punity authority

consular representation office: receiving of applications and verification in regard of correctness and

completeness order to correct defects

instances


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official competences

domestic regional competence:

Alien‘s domicile or intended domicile should the alien no longer be actually resident on federal territory or if

his whereabouts are unknown, competence is determined according to the authority which issued the most recent residence permit

regional competence abroad:

Alien‘s domicile upon instruction from the FM of Foreign Affairs: every consular

representation office upon instruction from the FM of Foreign Affairs (with accord of FM of

the Interior): any authority which is not entrusted with consular representation of Austria abroad


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initial applications are (usually) to be submitted abroad prior to entering federal territory. Applicants must wait abroad for the decision thereon.

the following persons are entitled to submit applications within Austria:– family members of Austrians, EEA and Swiss citizens who are permanently

resident in Austria during their legal sojourn;

– aliens who have been legally resident on federal territory to date (within 6 months of their arrival in Austria)

– aliens who used to be Austrian or EEA citizens (within 6 months of the loss of their citizenship)

– children within six months following their birth

– aliens who are entitled per se to enter the country without a visa, during their permitted visa-exempt sojourn

– aliens applying for a stay permit as researchers and their family members

– third country nationals applying for a “Red-White-Red – Card” as very highly qualified persons

procedures on initial applications


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The Federal Minister of the Interior is empowered to permit via ordinance nationals of specific countries to submit their applications in Austria:

in case of unaccompanied minors to uphold private or family life (Art. 8 of the Convention on the

Protection of Human Rights and Fundamental Freedoms)

procedures on initial applications


procedures on initial applications if submitted abroad

application within 3 months after notification;

otherwise instruction becomes invalid

Visa upon application& travelling to Austria

handin

g o

ver

of

perm

it

submission of application in person transmission

instruction to issue a visa

picking up of permit

picking up within 6 months after notification; otherwise termination of

the proceedings

Austrian representation

(embassy, consulate)

Austrian representation

(embassy, consulate)

authorities in Austria

authorities in Austria


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term of validity of residence permits

time-limited permits: 12 months in general (<12 months if applied for shorter period or

shorter validity of passport) exemptions:

– “EU Blue Card“ two years– “stay permit – researcher“ two years

unlimited permits: “long-term resident – EC“ “long-term resident – family member“ card issued for 5 years “long-term resident – EC“ expires if an alien resides for longer than

twelve months outside EEA territory (exemptions)


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prolongation procudures

applications for prolongation of a permit are to be filed before the permit expires (earliest 3 months before expiry) at the competent domestic authority (in Austria).

a one-time confirmation can be attached to the applicant’s travel document attesting to the timeliness of filing

– the confirmation constitutes entitlement to reside in Austria until the final decision.– the confirmation constitutes entitlement to enter federal territory without a visa.

applications for prolongation of a permit may include an application for a different permit (change of purpose)


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family members

family member:

– spouse or registered partner (must be older than 21)

– unmarried minor child (incl. adopted or stepchild)

right of residence of family members of residence permit holders (does not apply to family members of stay permit holders):

– family members enjoy their own right of residence

– if the prerequisites for the family to follow cease (e.g. death of spouse, divorce etc.), family members are issued a residence permit according to their last one as long as they meet certain minimum requirements


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family reunion

“residence permit –dependant“

“residence permit – excepting gainful occupation“

“Red-White-Red – Card plus“

“residence permit““long-term resident – family member“

“Family member“

“stay permit – family member“


since July 1st, 2011

more flexibility (no more quota) more transparency

replaces “residence permit – key worker“ only for inital applications one year criteria system (collecting of points) - most important requirements:

– qualification

– work experience

– age

– language skills

– offer of employment according to the qualification and minimum remuneration.

Red-White-Red – Card



The R-W-R – Card will be available to:

1. Very highly qualified workers

2. Skilled workers in shortage professions

3. Other key workers

4. Graduates of universities and colleges of higher education in Austria

The R-W-R – Card plus will be available to : – Family members of applicant groups 1 to 4 and holders of an

EU Blue Card – Family members of foreign citizens permanently settled in

Austria

R-W-R – Card: entitles to residence and employment only with a certain employer

R-W-R – Card plus: entitles to residence and unlimited labour market access



Group 1: Very highly qualified persons:

e.g. managers, professors etc.

offer of employment

no minimum income

minimum amount of points: 70/100

application in Austria with “job-seeker-visa“ (Art. 24a FPG) during the validity of this visa


ADMISSION CRITERIA FOR VERY HIGHLY QUALIFIED PERSONS Points

Special qualifications and abilities Maximum of allowable points: 40

University graduation in course with four years minimum duration 20

• in the fields of mathematics, informatics, natural sciences or tttttttttttengineeringt(the “MINT subjects”)

30

• PhD or higher graduation 40Last year’s gross salary in a senior management position with a company listed on the stock exchange or a company for whose activities or field of trade the competent foreign trade office has issued a positive report: 50 000 to 60 000 Euros 60 000 to 70 000 Euros More than 70 000 Euros

202530

Research and innovation activity (patent applications, publications)

20

Awards (approved prize winner) 20 Work experience t

(matching the qualification or senior management position)Maximum of allowable points: 20

Work experience (per year) Six months work experience in Austria

210

Language skills Maximum of allowable points: 10German or English language skills: elementary use of the language on a basic level or

5

German or English language skills: intensified elementary use of the language

10

Age Maximum of allowable points: 20Up to 35 years Up to 40 years Up to 45 years

201510

Studies in Austria Maximum of allowable points: 10Second part of the course or half of the required total of ECTS points 5

Complete university course (Diplomstudium) or Bachelor’s and Master’s degree studies in Austria

10

Maximum total of allowable points 100Minimum of required points 70


Group 2: Skilled workers in shortage professions

e.g. electricians, bar/iron benders, welders etc.

offer of employment

determined in a directive by BMASK & BMWFJ (May 2012)


application abroad



ADMISSION CRITERIA FOR SKILLED WORKERS Points

Qualification Maximum of allowable points: 30

Completed professional education in a shortage profession 20

General university entrance qualification according to § 64 Abs. 1 University Act 2002, BGBl. I Nr. 120

25

Graduation in university course with a minimum duration of three years

30

Work experience according to qualification Maximum of allowable points: 10

Work experience (per year) Work experience in Austria (per year)

24

Language skills Maximum of allowable points: 15

German language skills: elementary use of the language on a basic level or English language skills: independent use of the language

10

German language skills: intensified elementary use of the language or English language: intensified independent use of the language

15

Age Maximum of allowable points: 20

Up to 30 years Up to 40 years

2015

Maximum total of allowable points 75

Minimum of required points 50



Group 3: Other key workers

offer of employment

mandatory labour market test

minimum income:– under 30 years of age: 50% of the maximum assessment base under the

Austrian General Social Security Act (2011: 2.100 € gross per month) – Over 30 years of age: 60% of the maximum assessment base under the

Austrian General Social Security Act (2011: 2.520 € gross per month)


application abroad


ADMISSION CRITERIA FOR KEY WORKERS Points

Qualifications Maximum of allowable points: 30

Completed professional education or special knowledge and abilities regarding the intended occupation

20

General university entrance qualification according to § 64 Abs. 1 University Act 2002, BGBl. I Nr. 120

25

Graduation in university course of studies with a minimum duration of three years

30

Work experience according to qualification Maximum of allowable points: 10

Work experience (per year) Work experience in Austria (per year)

24

Language skills Maximum of allowable points: 15

German language skills: elementary use of the language on a basic level or English language skills: independent use of the language

10

German language skills: intensified elementary use of the language or English language: intensified independent use of the language

15

Age Maximum of allowable points: 20

Up to 30 years Up to 40 years

2015

Maximum total of allowable points Additional points for professional athletes and professional sports coaches

7520

Minimum of required points 50



Group 4: Graduates of Universities and Colleges of Higher Education in Austria

who have successfully completed (at least) the second part of their course („Diplomstudium“) or

who have successfully completed Master‘s degree studies six months for the purpose of searching for employment

income: 45% of the maximum assessment base under the Austrian General Social Security Act (2011: 1.890 € gross per month)

employment according to their qualification based on a valid work contract

no criteria examination according to the point system application in Austria


Red-White-Red – Card plus

replaces “residence permit – unlimited“

unlimited access to labour market

one year

The R-W-R – Card plus will be available to :

– family members of applicant groups 1 to 4 and holders of an “EU Blue Card” (no quota!)

– family members of foreign citizens permanently settled in Austria

– prolongations of “Red-White-Red – Card” holders


“Red-White-Red – Card“


EEA Citizens and their non-EEA family members

-

Right of residence under European Union Law



“Directive on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States” (Directive 2004/38/EC)

implementation of the “Free Movement Directive” in Austria Settlement and Residence Act (Art. 51 et seq.)

documention of the right of residence under European Union law (residence for more than 3 months)

due to the “Swiss-EU bilateral agreement on the Free Movement of Persons” also applies to Swiss Citizens



Requirements for the right of residence of EEA Citizens in Austria:citizenship of an EEA-Member State (or Switzerland)residence for more than 3 Months

employee or independent orsufficient health insurance coverage and adequate means of subsistence orattend schooling at a legally recognized public or private school or educational institute and proof sufficient health insurance coverage and adequate means of subsistence

submitting of application and relevant documents



Family members of EEA Citizens:spouses or registered partnersrelatives of the EEA citizen or his spouse in straight descending line until the age of 21 and beyond, as long as the former actually do support themrelatives of the EEA citizen or his spouse in straight ascending line, and if the latter actually do support themlife partners evidencing a permanent relationship in their country of originrelated otherwise to the EEA citizen and

– a) have already actually received maintenance from the EEA citizen in their country of origin,

– b) have already lived together with the EEA citizen in a joint household in the country of origin, or

– c) if they require personal care for serious health reasons and they accompany him or follow him.


Statistics


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initial applications of EEA Citizens in 2011(01.01.-30.09.2011) – top ten countries

Total (Top Ten): 25.933Total (all countries): 29.859

0 2000 4000 6000 8000 10000

United Kingdom

Slovenia

Czech Republic

Italy

Bulgaria

Slovakia

Poland

Hungary

Romania

Germany

applications fordocumentation


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initial applications of third country nationals in 2011(01.01.-30.09.2011) – top ten countries

0 500 1000 1500 2000 2500 3000 3500 4000 4500

Urkaine

China

Macedonia

USA

Croatia

Russia

Kosovo

Bosnia & Herzegovina

Serbia

Turkey

initial applications

Total (Top Ten): 16.708Total (all countries): 24.826Total (initial, prolong- 137.555 ations & change of purpose)


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upright residence titles of third country nationals on September 30th 2011 (> 4000)

0 20000 40000 60000 80000 100000 120000

Philippines

USA

Egypt

Ukraine

India

China

Russia

Macedonia

Croatia

Bosnia & Herzegovina

Turkey

Serbia

upright permits ofcountries with > 4000austrian permit holders

Total > 4000: 411.932Total < 4000: 58.945Total: 470.877


granted residence titles and documentation2007-2011

year granted residence titles to third country nationals

documention of residence right under

EU Law(EEA Citizens & their family

members)

2007 159.380 33.899

2008 158.709 39.232

2009 153.205 37.768

2010 154.349 39.232

2011

(01.01.-30.09.2011)

122.768 32.297

(Czech Republic: 704)


development of Austria‘s population since 2003

Citizenship 2003 2004 2005 2006 2007 2008 2009 2010

Total8.100.27

38.142.57

38.201.35

98.254.29

8 8.282.9848.318.59

28.355.26

08.375.29

0

Austria7.353.52

07.388.35

77.426.95

87.457.63

2 7.478.2057.483.41

97.484.55

67.480.14

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Non - Austria 746.753 754.216 774.401 796.666 804.779 835.182 870.704 895.144

Share of foreigners in % 9,2 9,3 9,4 9,7 9,7 10,0 10,4 10,7

EU – Member States 204.516 215.818 234.795 254.905 271.131 297.887 325.385 343.397

Third Country Nationals 542.237 538.398 539.606 541.761 533.648 537.295 545.319 551.747


share of Non-Austrian Citizens residing in Austria in comparsion to Austria‘s population since 1981


Migration and Labour Market In 2010: 13,3 % of all employees in Austria were foreigners.

Most of them made us of the free movement of persons inside the European Union or arrived in Austria due to family reunion.

Qualification and abilities of migrants strongly differ between different countries of origin.

EEA Citizens have (by tendency) been more likely to fullfil Austria‘s need for qualified workerks. Their share of all employees of Austria‘s labour market increased from 4,4% in 2004 to 6% in 2009.

Third country nationals show very different profiles concerning their qualification and abilities (from low to very high).

The share of highly qualified third country nationals increased from 1,9% in 2004 to 2,7% in 2009 while the share of low qualified ones decreased from 21,3% to 20,2%.

Austria has been facing the challenge to create incentives for highly qualified migrants to come to Austria.

recent step: “Red-White-Red – Card“


Federal Ministry of the Interior (FMoI): http://www.bmi.gv.at/cms/BMI_Niederlassung/english/

FMoI and Federal Ministry of Labour, Social Affairs and Consumer Protection: www.migration.gv.at

FMoI and Federal Chancellery: www.help.gv.at

Information on Migration to Austria


Thank you for your attention !!!

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: +43 - (0)1 - 531 26 - 0 Legal...

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Transcript of FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: +43 - (0)1 - 531 26 - 0 Legal...