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Legal migration to Austria

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  1. Legal migrationto Austria Ronald Eppel Federal Ministry of the Interior Department III/4 Settlement and Residence Matters November 14th, 2011

  2. Migration to Austria residence < 6 months Aliens‘ Police Act: Visa residence > 6 months Settlement and Residence Act: stay permits residence permits Asylum seekers Asylum Act and Geneva Convention • permanent change of residence from one country to another

  3. Legal Migration to Austria Settlement andResidenceAct: • Granting, rejectingwithdrawalofresidencepermitsofforeigners, who (wishto) reside in Austria formorethansixmonths  Third countrynationals • Documentationoftherightofsettlementunder European Union law(implementationofthedirectiveoffreemovement)  EEA-Citizens (andtheirfamilymembers)

  4. Legal Migration to Austria residencetitlesaregrantedtothirdcountrynationalsas: • “staypermit“ • “residencepermit“ • “residencepermit – exceptinggainfuloccupation“ • “Red-White-Red – Card“ • “Red-White-Red – Card plus“ • “EU Blue Card“ • “long-term resident – EC“ • “residencepermit – dependant“ • “residencepermit – familymember“ • “long-term resident – familymember“

  5. particular protection Legal Migration to Austria

  6. proofof legal claimto a domicile(accomodation) consideredusualfor a familyofconmparablesize in thearea documentationofhealthinsurancecovering all risksandtheinsuranceissubjecttoperformance in Austria aswell sufficientfinancialmeans:residencemay not entail a financialburden 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) residenceis not detrimentaltopublicinterests 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

  7. general prerequisites nograntingofresidencetitles: • 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

  8. general prerequisites • German languageskillspriortoimmigration: • ifapplicantintendstoreside in Austria • beforearrival: proofof German languageskills 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-Institute.V., Telc GmbH and Austrian Integration Fund (AIF) or • a 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‘tapplytoapplicationssubmittedbeforeJuly 1st 2011.

  9. general prerequisites • German priortoimmigration: • All thirdcountrynationalswhenfirstapplyingfor a • “Red-White-Red – Card plus“ • “residencepermit“ • “residencepermit – exceptinggainfuloccupation“ • “residencepermit – dependant“ • “familymember“

  10. general prerequisites German priortoimmigration - exceptions: • persons who are underage when applying • persons who cannot reasonably be expected to provide such evidence because of their physical or mental health condition • family members of “highly qualified” “Red-White-Red – Card” holders • family 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)

  11. Integration Agreement Module 1 • 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.

  12. 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 skills • Finishing 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 condition • third-country nationals, who have declared in writing, that they will not stay in Austria for more than 12 months within a 24 months period

  13. official competences functional competence: provincial governor: • responsible for all stay and residence permits Minister 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

  14. 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

  15. procedures on initial applications • initial applications are (usually) to be submitted abroadprior to entering federal territory. Applicants must wait abroad forthedecisionthereon. • 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) • childrenwithin six months following their birth • aliens who are entitled per se to enter the country without a visa, during their permitted visa-exemptsojourn • aliens applying for a stay permit as researchersand their family members • third country nationals applying for a “Red-White-Red – Card” as very highly qualified persons

  16. procedures on initial applications • 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)

  17. submission of application in person transmission instruction to issue a visa handing over of permit Visa upon application & travelling to Austria picking up of permit application within 3 months after notification; otherwise instruction becomes invalid picking up within 6 months after notification; otherwise termination of the proceedings procedures on initial applications if submitted abroad Austrian representation authorities in Austria (embassy, consulate) Austrian representation (embassy, consulate) authorities in Austria

  18. 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)

  19. prolongation procudures • applicationsforprolongationof a permitaretobefiledbeforethepermitexpires(earliest 3 monthsbeforeexpiry) atthecompetentdomesticauthority (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)

  20. 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

  21. “residencepermit –dependant“ “staypermit – familymember“ “residencepermit – exceptinggainfuloccupation“ familyreunion “Family member“ “Red-White-Red – Card plus“ “long-term resident – familymember“ “residencepermit“

  22. Red-White-Red – Card • 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.

  23. Red-White-Red – Card • The R-W-R – Card will be available to: • Very highly qualified workers • Skilled workers in shortage professions • Other keyworkers • 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

  24. Red-White-Red – Card 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

  25. Red-White-Red – Card 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) • minimum amount of points: 50/75 • application abroad

  26. Red-White-Red – Card 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) • minimum amount of points: 50/75 • application abroad

  27. Red-White-Red – Card 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

  28. 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

  29. “Red-White-Red – Card“

  30. “Red-White-Red – Card“

  31. EEA Citizensandtheir non-EEA familymembers - Rightofresidenceunder European Union Law

  32. 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

  33. Right of residence under European Union Law Requirementsfortherightofresidenceof EEA Citizens in Austria: • citizenshipof an EEA-Member State (orSwitzerland) • residenceformorethan 3 Months • employeeorindependentor • sufficient health insurance coverage and adequate means of subsistence or • attend 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

  34. Right of residence under European Union Law Family membersof EEA Citizens: • spousesor registered partners • relativesof 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 them • relatives of the EEA citizen or his spouse in straight ascending line, and if the latter actually do support them • life partners evidencing a permanent relationship in their country of origin • related 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.

  35. Statistics

  36. initial applications of EEA Citizens in 2011 (01.01.-30.09.2011) – top ten countries Total (Top Ten): 25.933 Total (all countries): 29.859

  37. initial applications of third country nationals in 2011 (01.01.-30.09.2011) – top ten countries Total (Top Ten): 16.708 Total (all countries): 24.826 Total (initial, prolong- 137.555 ations & change of purpose)

  38. upright residence titles of third country nationals on September 30th 2011 (> 4000) Total > 4000: 411.932 Total < 4000: 58.945 Total: 470.877

  39. granted residence titles and documentation2007-2011

  40. development of Austria‘s population since 2003

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

  42. Migration and Labour Market • In 2010: 13,3 % of all employees in Austria wereforeigners. • Most ofthemmadeusofthefreemovementofpersonsinsidethe European Union orarrived in Austria due tofamilyreunion. • Qualificationandabilitiesofmigrantsstronglydifferbetween different countries oforigin. • EEA Citizenshave (bytendency) beenmorelikelytofullfilAustria‘sneedforqualifiedworkerks. Theirshareof all employeesofAustria‘slabourmarketincreasedfrom 4,4% in 2004 to 6% in 2009. • Third countrynationalsshowvery different profilesconcerningtheirqualificationandabilities (fromlowtovery high). • The shareofhighlyqualifiedthirdcountrynationalsincreasedfrom 1,9% in 2004 to 2,7% in 2009 whiletheshareoflowqualifiedonesdecreasedfrom 21,3% to 20,2%. • Austria hasbeenfacingthechallengetocreateincentivesforhighlyqualifiedmigrantstocometo Austria. • recentstep: “Red-White-Red – Card“

  43. Information on Migration to Austria • 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

  44. Thank you for your attention !!!