FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) Legal migration to Austria Ronald Eppel Federal Ministry of the Interior Department III/4 Settlement and Residence Matters November 14 th, 2011

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) 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

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) 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) 3

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) Legal Migration to Austria 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“ 4

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) Legal Migration to Austria particular protection

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0)  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

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) 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 general prerequisites

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) general prerequisites 8 German language skills prior to immigration:  if applicant intends to reside in Austria  before 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) 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‘t apply to applications submitted before July 1st 2011.

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) general prerequisites 9 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“

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) general prerequisites 10 German prior to immigration - 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)

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0)  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

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) 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

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) 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 1st instance PG 2nd instance MoI instances

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) 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

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0)  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

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0)  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

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) procedures on initial applications if submitted abroad application within 3 months after notification; otherwise instruction becomes invalid Visa upon application & travelling to Austria handing over of permit 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

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) 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)

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) 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)

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) 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

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) 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“

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0)  since July 1 st, 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

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) 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

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) 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

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) ADMISSION CRITERIA FOR VERY HIGHLY QUALIFIED PERSONSPoints Special qualifications and abilitiesMaximum of allowable points: 40 University graduation in course with four years minimum duration20 in the fields of mathematics, informatics, natural sciences or tttttttttttengineeringt(the “MINT subjects”) 30 PhD or higher graduation40 Last 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: to Euros to Euros More than Euros 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 2 10 Language skillsMaximum of allowable points: 10 German 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 AgeMaximum of allowable points: 20 Up to 35 years Up to 40 years Up to 45 years Studies in AustriaMaximum of allowable points: 10 Second part of the course or half of the required total of ECTS points5 Complete university course (Diplomstudium) or Bachelor’s and Master’s degree studies in Austria 10 Maximum total of allowable points100 Minimum of required points70

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) 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 Red-White-Red – Card

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) ADMISSION CRITERIA FOR SKILLED WORKERSPoints QualificationMaximum of allowable points: 30 Completed professional education in a shortage profession20 General university entrance qualification according to § 64 Abs. 1 University Act 2002, BGBl. I Nr Graduation in university course with a minimum duration of three years 30 Work experience according to qualificationMaximum of allowable points: 10 Work experience (per year) Work experience in Austria (per year) 2424 Language skillsMaximum 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 AgeMaximum of allowable points: 20 Up to 30 years Up to 40 years Maximum total of allowable points75 Minimum of required points50

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) 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: € gross per month) –Over 30 years of age: 60% of the maximum assessment base under the Austrian General Social Security Act (2011: € gross per month)  minimum amount of points: 50/75  application abroad

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) ADMISSION CRITERIA FOR KEY WORKERSPoints QualificationsMaximum 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 Graduation in university course of studies with a minimum duration of three years 30 Work experience according to qualificationMaximum of allowable points: 10 Work experience (per year) Work experience in Austria (per year) 2424 Language skillsMaximum 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 AgeMaximum of allowable points: 20 Up to 30 years Up to 40 years Maximum total of allowable points Additional points for professional athletes and professional sports coaches Minimum of required points50

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) 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: € 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

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) 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

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) “Red-White-Red – Card“

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) “Red-White-Red – Card“

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) EEA Citizens and their non-EEA family members - Right of residence under European Union Law

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) 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

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) Right of residence under European Union Law 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 or  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

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) Right of residence under European Union Law documentation residence > 3 months registration certificate photo id for EEA Citizens residence card residence > 5 years permanent residence card document certifying permanent residence Family members of EEA Citizens:  spouses or registered partners  relatives 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 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.

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) Statistics

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) initial applications of EEA Citizens in 2011 ( ) – top ten countries Total (Top Ten): Total (all countries):

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) initial applications of third country nationals in 2011 ( ) – top ten countries Total (Top Ten): Total (all countries): Total (initial, prolong ations & change of purpose)

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) upright residence titles of third country nationals on September 30th 2011 (> 4000) Total > 4000: Total < 4000: Total:

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) granted residence titles and documentation yeargranted residence titles to third country nationals documention of residence right under EU Law (EEA Citizens & their family members) ( ) (Czech Republic: 704)

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) development of Austria‘s population since 2003 Citizenship Total Austria Non - Austria Share of foreigners in %9,29,39,49,7 10,010,410,7 EU – Member States Third Country Nationals

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) share of Non-Austrian Citizens residing in Austria in comparsion to Austria‘s population since 1981

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) 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  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, 1014 WIEN, HERRENGASSE 7, TEL.: (0)  Federal Ministry of the Interior (FMoI):  FMoI and Federal Ministry of Labour, Social Affairs and Consumer Protection:  FMoI and Federal Chancellery: Information on Migration to Austria

FEDERAL MINISTRY OF THE INTERIOR, 1014 WIEN, HERRENGASSE 7, TEL.: (0) Thank you for your attention !!!