to be a foreigner in austria

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How to be a How to be a foreigner in foreigner in Austria Austria By Sepp Ginner By Sepp Ginner

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Page 1: To Be A Foreigner In Austria

How to be a How to be a foreigner in Austriaforeigner in AustriaBy Sepp GinnerBy Sepp Ginner

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International LawInternational Law

United Nations: United Nations: On 10 December 1948, the General Assembly of On 10 December 1948, the General Assembly of the United Nations adopted and proclaimed the the United Nations adopted and proclaimed the Universal Universal Declaration of Human RightsDeclaration of Human Rights

Article 1.Article 1. All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and

should act towards one another in a spirit of brotherhood. should act towards one another in a spirit of brotherhood. Article 2.Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such

as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. any other limitation of sovereignty.

Article 3.Article 3. Everyone has the right to life, liberty and security of person. Everyone has the right to life, liberty and security of person. Article 4.Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 5.Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 6.Article 6. Everyone has the right to recognition everywhere as a person before the law. Everyone has the right to recognition everywhere as a person before the law. Article 7.Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are All are equal before the law and are entitled without any discrimination to equal protection of the law. All are

entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. such discrimination.

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Convention relating to the Convention relating to the Status of Refugees (Geneva Status of Refugees (Geneva 1951) and New York 1951) and New York Protocol 1967Protocol 1967 The Convention Refugee DefinitionThe Convention Refugee Definition Article 1A, paragraph 1, of the 1951 Convention applies the term “refugee”, first, to Article 1A, paragraph 1, of the 1951 Convention applies the term “refugee”, first, to

any person considered a refugee under earlier international arrangements. Article 1A, any person considered a refugee under earlier international arrangements. Article 1A, paragraph 2, read now together with the 1967 Protocol and without the time limit, then paragraph 2, read now together with the 1967 Protocol and without the time limit, then offers a general definition of the refugee as including offers a general definition of the refugee as including any person who is outside any person who is outside their country of origin and unable or unwilling to return there or to avail their country of origin and unable or unwilling to return there or to avail themselves of its protection, on account of a well-founded fear of persecution themselves of its protection, on account of a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular group, or for reasons of race, religion, nationality, membership of a particular group, or political opinion.political opinion. Stateless persons may also be refugees in this sense, where Stateless persons may also be refugees in this sense, where country of origin (citizenship) is understood as “country of former habitual residence”. country of origin (citizenship) is understood as “country of former habitual residence”. Those who possess more than one nationality will only be considered as refugees Those who possess more than one nationality will only be considered as refugees within the Convention if such other nationality or nationalities are ineffective (that is, within the Convention if such other nationality or nationalities are ineffective (that is, do not provide protection).do not provide protection).

The refugee must be “outside” his or her country of origin, and the fact of having fled, The refugee must be “outside” his or her country of origin, and the fact of having fled, of having crossed an international frontier, is an intrinsic part of the quality of refugee, of having crossed an international frontier, is an intrinsic part of the quality of refugee, understood in its ordinary sense. However, it is not necessary to have fled by reason understood in its ordinary sense. However, it is not necessary to have fled by reason of fear of persecution, or even actually to have been persecuted. The fear of of fear of persecution, or even actually to have been persecuted. The fear of persecution looks to the future, and can also emerge during an individual’s absence persecution looks to the future, and can also emerge during an individual’s absence from their home country, for example, as a result of intervening political change.from their home country, for example, as a result of intervening political change.

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Article 2. General obligationsArticle 2. General obligations Every refugee has duties to the country in which he finds Every refugee has duties to the country in which he finds

himself, which require in particular that he conform to its himself, which require in particular that he conform to its laws and regulations as well as to measures taken for laws and regulations as well as to measures taken for the maintenance of public order. the maintenance of public order.

Article 3. Non-discriminationArticle 3. Non-discrimination The Contracting States shall apply the provisions of this The Contracting States shall apply the provisions of this

Convention to refugees without discrimination as to race, Convention to refugees without discrimination as to race, religion or country of origin. religion or country of origin.

Article 4. ReligionArticle 4. Religion The Contracting States shall accord to refugees within The Contracting States shall accord to refugees within

their territories treatment at least as favourable as that their territories treatment at least as favourable as that accorded to their nationals with respect to freedom to accorded to their nationals with respect to freedom to practise their religion and freedom as regards the practise their religion and freedom as regards the religious education of their children. religious education of their children.

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European LawEuropean LawCHARTER OF FUNDAMENTAL RIGHTSCHARTER OF FUNDAMENTAL RIGHTS

OF THE EUROPEAN UNIONOF THE EUROPEAN UNION

CHAPTER I - DIGNITY CHAPTER I - DIGNITY

Article 1 / Human dignity - Human dignity is inviolable. It must be respected and protected.Article 1 / Human dignity - Human dignity is inviolable. It must be respected and protected.

Article 2 / Right to life - Article 2 / Right to life - 1. Everyone has the right to life.1. Everyone has the right to life.2. No one shall be condemned to the death penalty, or executed.2. No one shall be condemned to the death penalty, or executed.

Article 3 / Right to the integrity of the personArticle 3 / Right to the integrity of the person1. Everyone has the right to respect for his or her physical and mental integrity.1. Everyone has the right to respect for his or her physical and mental integrity.2. In the fields of medicine and biology, the following must be respected in particular:2. In the fields of medicine and biology, the following must be respected in particular:. the free and informed consent of the person concerned, according to the procedures laid down by law,. the free and informed consent of the person concerned, according to the procedures laid down by law,. the prohibition of eugenic practices, in particular those aiming at the selection of persons,. the prohibition of eugenic practices, in particular those aiming at the selection of persons,. the prohibition on making the human body and its parts as such a source of financial gain,. the prohibition on making the human body and its parts as such a source of financial gain,. the prohibition of the reproductive cloning of human beings.. the prohibition of the reproductive cloning of human beings.

Article 4 / Prohibition of torture and inhuman or degrading treatment or punishment. No one shall be subjected to Article 4 / Prohibition of torture and inhuman or degrading treatment or punishment. No one shall be subjected to torture or to inhuman or degrading treatment or punishment.torture or to inhuman or degrading treatment or punishment.

Article 5 / Prohibition of slavery and forced labourArticle 5 / Prohibition of slavery and forced labour1. No one shall be held in slavery or servitude.1. No one shall be held in slavery or servitude.2. No one shall be required to perform forced or compulsory labour.2. No one shall be required to perform forced or compulsory labour.3. Trafficking in human beings is prohibited.3. Trafficking in human beings is prohibited.

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European LawEuropean LawCHARTER OF FUNDAMENTAL RIGHTSCHARTER OF FUNDAMENTAL RIGHTS

OF THE EUROPEAN UNIONOF THE EUROPEAN UNIONCHAPTER II - FREEDOMSCHAPTER II - FREEDOMS

Article 6 / Everyone has the right to liberty and security of person.Article 6 / Everyone has the right to liberty and security of person.Article 7 / Everyone has the right to respect for his or her private and family life, home and communications.Article 7 / Everyone has the right to respect for his or her private and family life, home and communications.Article 8 / 1. Everyone has the right to the protection of personal data concerning him or her.Article 8 / 1. Everyone has the right to the protection of personal data concerning him or her.Article 9 / The right to marry and the right to found a family shall be guaranteed in accordance with the national laws Article 9 / The right to marry and the right to found a family shall be guaranteed in accordance with the national laws

governing the exercise of these rights.governing the exercise of these rights.Article 10 / Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to Article 10 / Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to

change religion or belief and freedom, either alone or in community with others and in public or in private, to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance.manifest religion or belief, in worship, teaching, practice and observance.

Article 11 / Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to Article 11 / Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.receive and impart information and ideas without interference by public authority and regardless of frontiers.

Article 12 / Freedom of assembly and of association (peaceful assembly, trade unions, political parties...) Article 12 / Freedom of assembly and of association (peaceful assembly, trade unions, political parties...) Article 13 / The arts and scientific research shall be free of constraint. Academic freedom shall be respected.Article 13 / The arts and scientific research shall be free of constraint. Academic freedom shall be respected.Article 14 / Right to educationArticle 14 / Right to educationArticle 15 / Freedom to choose an occupation and right to engage in workArticle 15 / Freedom to choose an occupation and right to engage in work

1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right ofestablishment and to provide services in any Member State.establishment and to provide services in any Member State.3. Nationals of third countries who are authorised to work in the territories of the Member States are3. Nationals of third countries who are authorised to work in the territories of the Member States areentitled to working conditions equivalent to those of citizens of the Union.entitled to working conditions equivalent to those of citizens of the Union.

Article 16 / Freedom to conduct a businessArticle 16 / Freedom to conduct a businessArticle 17 / Right to propertyArticle 17 / Right to propertyArticle 18 / The right to asylum shall be guaranteed Article 18 / The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol

of 31 January 1967 relating to the status of refugees and in accordance with the Treaty establishing the European Community.of 31 January 1967 relating to the status of refugees and in accordance with the Treaty establishing the European Community.

Article 19 / Protection in the event of removal, expulsion or extraditionArticle 19 / Protection in the event of removal, expulsion or extradition1. Collective expulsions are prohibited.1. Collective expulsions are prohibited.2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or2. No one may be removed, expelled or extradited to a State where there is a serious risk that he orshe would be subjected to the death penalty, torture or other inhuman or degrading treatment orshe would be subjected to the death penalty, torture or other inhuman or degrading treatment orpunishment.punishment.

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European LawEuropean LawCHARTER OF FUNDAMENTAL RIGHTSCHARTER OF FUNDAMENTAL RIGHTS

OF THE EUROPEAN UNIONOF THE EUROPEAN UNION

CHAPTER III - EQUALITYCHAPTER III - EQUALITYArticle 20 / Everyone is equal before the law.Article 20 / Everyone is equal before the law.Article 21 / Non-discriminationArticle 21 / Non-discrimination1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, 1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features,

language, religion or belief, political or any other opinion, membership of a national minority, property, birth, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.disability, age or sexual orientation shall be prohibited.

Article 22 / The Union shall respect cultural, religious and linguistic diversity.Article 22 / The Union shall respect cultural, religious and linguistic diversity.Article 23 / Equality between men and women must be ensured in all areas, including employment, work and pay. The Article 23 / Equality between men and women must be ensured in all areas, including employment, work and pay. The

principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex.in favour of the under-represented sex.

Article 24 / The rights of the childArticle 24 / The rights of the child1. Children shall have the right to such protection and care as is necessary for their well-being. They1. Children shall have the right to such protection and care as is necessary for their well-being. Theymay express their views freely. Such views shall be taken into consideration on matters which concernmay express their views freely. Such views shall be taken into consideration on matters which concernthem in accordance with their age and maturity.them in accordance with their age and maturity.2. In all actions relating to children, whether taken by public authorities or private institutions, the2. In all actions relating to children, whether taken by public authorities or private institutions, thechild's best interests must be a primary consideration.child's best interests must be a primary consideration.18.12.2000 EN Official Journal of the European Communities C 364/1318.12.2000 EN Official Journal of the European Communities C 364/133. Every child shall have the right to maintain on a regular basis a personal relationship and direct3. Every child shall have the right to maintain on a regular basis a personal relationship and directcontact with both his or her parents, unless that is contrary to his or her interests.contact with both his or her parents, unless that is contrary to his or her interests.

Article 25 / The Union recognises and respects the rights of the elderly to lead a life of dignity and independenceArticle 25 / The Union recognises and respects the rights of the elderly to lead a life of dignity and independenceand to participate in social and cultural life.and to participate in social and cultural life.Article 26 / The Union recognises and respects the right of persons with disabilities to benefit from measuresArticle 26 / The Union recognises and respects the right of persons with disabilities to benefit from measuresdesigned to ensure their independence, social and occupational integration and participation in thedesigned to ensure their independence, social and occupational integration and participation in thelife of the community.life of the community.

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European LawEuropean LawCHARTER OF FUNDAMENTAL RIGHTSCHARTER OF FUNDAMENTAL RIGHTS

OF THE EUROPEAN UNIONOF THE EUROPEAN UNIONCHAPTER IV - SOLIDARITYCHAPTER IV - SOLIDARITY

Article 27 / Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation in good time in the Article 27 / Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation in good time in the cases and under the conditions provided for by Community law and national laws and practices.cases and under the conditions provided for by Community law and national laws and practices.

Article 28 / Workers and employers, or their respective organisations, have, in accordance with Community law and national laws and practices, Article 28 / Workers and employers, or their respective organisations, have, in accordance with Community law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action.action to defend their interests, including strike action.

Article 29 / Everyone has the right of access to a free placement service.Article 29 / Everyone has the right of access to a free placement service.Article 30 / Every worker has the right to protection against unjustified dismissal, in accordance with Community law and national laws and Article 30 / Every worker has the right to protection against unjustified dismissal, in accordance with Community law and national laws and

practices.practices.Article 31 / Every worker has the right to working conditions which respect his or her health, safety and dignity an the right to limitation of Article 31 / Every worker has the right to working conditions which respect his or her health, safety and dignity an the right to limitation of

maximum working hours, to daily and weekly rest periods and to an annual period of paid leave. maximum working hours, to daily and weekly rest periods and to an annual period of paid leave. Article 32 / Prohibition of child labour and protection of young people at workArticle 32 / Prohibition of child labour and protection of young people at workArticle 33 / Family and professional lifeArticle 33 / Family and professional life

1. The family shall enjoy legal, economic and social protection.1. The family shall enjoy legal, economic and social protection.2. To reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with 2. To reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with

maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child.maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child.Article 34 / Social security and social assistanceArticle 34 / Social security and social assistance

1. The Union recognises and respects the entitlement to social security benefits and social services providing protection in cases such 1. The Union recognises and respects the entitlement to social security benefits and social services providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and in the case of loss of employment, in accordance with the as maternity, illness, industrial accidents, dependency or old age, and in the case of loss of employment, in accordance with the rules laid down by Community law and national laws and practices.rules laid down by Community law and national laws and practices.

2. Everyone residing and moving legally within the European Union is entitled to social security benefits and social advantages in 2. Everyone residing and moving legally within the European Union is entitled to social security benefits and social advantages in accordance with Community law and national laws and practices.accordance with Community law and national laws and practices.

3. In order to combat social exclusion and poverty, the Union recognises and respects the right to social and housing assistance so as 3. In order to combat social exclusion and poverty, the Union recognises and respects the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient resources, in accordance with the rules laid down by Community law to ensure a decent existence for all those who lack sufficient resources, in accordance with the rules laid down by Community law and national laws and practices.and national laws and practices.

Article 35 / Everyone has the right of access to preventive health care and the right to benefit from medical treatment under the conditions Article 35 / Everyone has the right of access to preventive health care and the right to benefit from medical treatment under the conditions established by national laws and practices. A high level of human health protection shall be ensured in the definition and implementation established by national laws and practices. A high level of human health protection shall be ensured in the definition and implementation of all Union policies and activities.of all Union policies and activities.

Article 36 / Access to services of general economic interestArticle 36 / Access to services of general economic interestArticle 37 / Environmental protectionArticle 37 / Environmental protectionArticle 38 / Consumer protectionArticle 38 / Consumer protection

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European LawEuropean LawCHARTER OF FUNDAMENTAL CHARTER OF FUNDAMENTAL

RIGHTSRIGHTSOF THE EUROPEAN UNIONOF THE EUROPEAN UNIONCHAPTER V – Citizen RightsCHAPTER V – Citizen Rights

Right to vote (active + passive)Right to vote (active + passive)Right to good administrationRight to good administrationRight of access to documentsRight of access to documentsObudsmanObudsmanRight to petitionRight to petitionFreedom of movement and of residenceFreedom of movement and of residenceDiplomatic and consular protectionDiplomatic and consular protection

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European LawEuropean LawCHARTER OF FUNDAMENTAL CHARTER OF FUNDAMENTAL

RIGHTSRIGHTS

OF THE EUROPEAN UNIONOF THE EUROPEAN UNION

CHAPTER VI – JusticeCHAPTER VI – JusticeRight to remedy and fair trialRight to remedy and fair trial

Presumption of innocence and right of defencePresumption of innocence and right of defence

Principles of legality and proportional penaltyPrinciples of legality and proportional penalty

Right not to tired twice for the same offenceRight not to tired twice for the same offence

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Austrian LawAustrian LawNiederlassungs- und AufenthaltsgesetzNiederlassungs- und AufenthaltsgesetzLaw on the right to stay and residenceLaw on the right to stay and residence

A permit of residence can be issued on the following purposes: A permit of residence can be issued on the following purposes: „„key-worker“ (§ 8 Abs. 2 Z 1 NAG)key-worker“ (§ 8 Abs. 2 Z 1 NAG) „„except gainful employment“ (§ 8 Abs. 2 Z 2 NAG)except gainful employment“ (§ 8 Abs. 2 Z 2 NAG) „„unrestricted“ (§ 8 Abs. 2 Z 3 NAG)unrestricted“ (§ 8 Abs. 2 Z 3 NAG) „„restricted“ (§ 8 Abs. 2 Z 4 NAG)restricted“ (§ 8 Abs. 2 Z 4 NAG) „„next of kin“ (§ 8 Abs. 2 Z 5 NAG)next of kin“ (§ 8 Abs. 2 Z 5 NAG) „„Saisonal worker“ (§ 58 NAG)Saisonal worker“ (§ 58 NAG) „„expatriat-specialist“ (§ 59 NAG)expatriat-specialist“ (§ 59 NAG) „„selfemployed“ (§ 60 NAG)selfemployed“ (§ 60 NAG) „„artist“ (§ 61 NAG)artist“ (§ 61 NAG) „„special cases of employment“ (§ 62 NAG)special cases of employment“ (§ 62 NAG) „„pupil“ (§ 63 NAG)pupil“ (§ 63 NAG) „„Student“ (§ 64 NAG)Student“ (§ 64 NAG) „„not gainfil employment for social services“ (§ 66 NAG)not gainfil employment for social services“ (§ 66 NAG) „„scientist“ (§ 67 NAG)scientist“ (§ 67 NAG) „„family member“ (§ 69 NAG)family member“ (§ 69 NAG) „„Humanitarian reasons“ (§ 72 NAG)Humanitarian reasons“ (§ 72 NAG)

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The Right to stayThe Right to stayGeneral preconditions for the right to stayGeneral preconditions for the right to stay

§ 11. (1) The right to stay cannot be granted to a foreigner if§ 11. (1) The right to stay cannot be granted to a foreigner if

1.1. a title of prohibition of residence as been issued against him;a title of prohibition of residence as been issued against him;

2.2. a title of prohibition of residence as been issued against him in another member state;a title of prohibition of residence as been issued against him in another member state;

3.3. a title of expulsion has been issued against during the past 12 months;a title of expulsion has been issued against during the past 12 months;

4.4. he pretends a fictitious marriage or adoptionhe pretends a fictitious marriage or adoption

5.5. the period of his visa has expiredthe period of his visa has expired

6.6. he has been convicted of illegal entryhe has been convicted of illegal entry

(2) the right to stay can only be granted to a foreigner if(2) the right to stay can only be granted to a foreigner if

1.1. his residence does not collide with public interestshis residence does not collide with public interests

2.2. he can prove a title of tenure of a decent dwelling;he can prove a title of tenure of a decent dwelling;

3.3. the foreigner hold a title of health insurance covering all costs in Austria;the foreigner hold a title of health insurance covering all costs in Austria;

4.4. his stay does not lead to extra costs on any authority in Austria;his stay does not lead to extra costs on any authority in Austria;

5.5. his permit to stay does not endanger Asutrias relation to other countries andhis permit to stay does not endanger Asutrias relation to other countries and

6.6. ......

(3) The right to stay can be granted in case of non-compliance of any of the preconditions of paragraf (3) The right to stay can be granted in case of non-compliance of any of the preconditions of paragraf 2 if it is necessary to comply with Art. 8 of the European Convention on Human Rights2 if it is necessary to comply with Art. 8 of the European Convention on Human Rights

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INTEGRATION AGREEMENTINTEGRATION AGREEMENT What? Ability to read and write (regardless which language) and acquisitionWhat? Ability to read and write (regardless which language) and acquisition of basic knowledge of Germanof basic knowledge of German When? The duty of fulfilling the integration agreement arises with the grantWhen? The duty of fulfilling the integration agreement arises with the grant of the first or extended residence permit and has to be fulfilled within 5 yearsof the first or extended residence permit and has to be fulfilled within 5 years How? By attending an German language integration class or by provingHow? By attending an German language integration class or by proving sufficient knowledge of German (e.g. test certificate, school certificates)sufficient knowledge of German (e.g. test certificate, school certificates) Set-up? Consists of 2 modules – Module 1: Reading and writing; Module 2:Set-up? Consists of 2 modules – Module 1: Reading and writing; Module 2: Knowledge of German (Target: ability to participate in the social, economic andKnowledge of German (Target: ability to participate in the social, economic and cultural life of Austria)cultural life of Austria) Costs? Costs? - If module 1 is completed within one year: federal authorities absorb- If module 1 is completed within one year: federal authorities absorb costs up to the maximum ratecosts up to the maximum rate - If module 2 is completed within two years: 50 % of costs are absor- If module 2 is completed within two years: 50 % of costs are absor bed by federal authorities (family dependants of third-country natiobed by federal authorities (family dependants of third-country natio nals and citizens of the EER/Austrians/Swiss citizens, who are notnals and citizens of the EER/Austrians/Swiss citizens, who are not subject to unrestricted mobility)subject to unrestricted mobility) Who is a third-country national?: Anyone, who does not hold a citizenship ofWho is a third-country national?: Anyone, who does not hold a citizenship of Austria or the EER (European Economic Region).Austria or the EER (European Economic Region). Who is subject to unrestricted mobility?: Citizens of the EER and Switzerland,Who is subject to unrestricted mobility?: Citizens of the EER and Switzerland, who do not reside in another EER-country (cross-border state of facts); therewho do not reside in another EER-country (cross-border state of facts); there fore a person is not subject to unrestricted mobility, if no cross-border state offore a person is not subject to unrestricted mobility, if no cross-border state of facts within the EER is existing.facts within the EER is existing.

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Exceptions for fulfilment of the integration agreement:Exceptions for fulfilment of the integration agreement: Minors under ageMinors under age Persons, who are exempted due to their old age or their state of healthPersons, who are exempted due to their old age or their state of health in case of a written resignation for a prolongation application (such is in case of a written resignation for a prolongation application (such is

possible,possible, if residence shall not exceed 12 months within a period of 24 months)if residence shall not exceed 12 months within a period of 24 months) In which way the integration agreement is fulfilled?In which way the integration agreement is fulfilled? By proving a sufficient knowledge of GermanBy proving a sufficient knowledge of German By attending a public school in Austria for at least 5 years, including a By attending a public school in Austria for at least 5 years, including a

positivepositive completion of the subject “German language”completion of the subject “German language” By passing the final apprenticeship examination in accordance with the law By passing the final apprenticeship examination in accordance with the law

onon vocational educationvocational education With the positive completion of the subject “German language” at a school With the positive completion of the subject “German language” at a school

abroad (level: 9th grade)abroad (level: 9th grade) by being a “key person” or a special executive in the meaning of section 2,by being a “key person” or a special executive in the meaning of section 2, subsection 5a (law on the employment of foreigners), as well as their subsection 5a (law on the employment of foreigners), as well as their

dependantsdependants (is done automatically by granting a residence permit)(is done automatically by granting a residence permit)

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Promotion of IntegrationPromotion of Integration § 17. (1) Foreigners with a permit of residence shall be § 17. (1) Foreigners with a permit of residence shall be

promoted to be integrated in order to include them in the promoted to be integrated in order to include them in the social, economic and culural life in Austria and to secure social, economic and culural life in Austria and to secure equality in chances in all aspects .equality in chances in all aspects .

(2) Means of integration are(2) Means of integration are 1.1. language courses;language courses; 2.2. vocational training;vocational training; 3.3. Involvement into Austrian culture and Involvement into Austrian culture and

history;history; 4.4. mutual events to promote Understanding mutual events to promote Understanding

between foreigners and Austrians;between foreigners and Austrians; 5.5. Information on real-estate market andInformation on real-estate market and 6.6. Benefits of the Austrian Integration fund.Benefits of the Austrian Integration fund. (3) For the realization of the promotion of integration (3) For the realization of the promotion of integration

private, humanitarian and church institutions are to be private, humanitarian and church institutions are to be involved. Their contribution and refunding are to be involved. Their contribution and refunding are to be contracted.contracted.

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The Fremdenpolizeigesetz (FPG) applies The Fremdenpolizeigesetz (FPG) applies to all entries to Austria shorter than 180 to all entries to Austria shorter than 180 days, it has regulations on visas, on the days, it has regulations on visas, on the issue of documents and it also applies on issue of documents and it also applies on measures taken by the police in measures taken by the police in accordance with the NUAG (law on the accordance with the NUAG (law on the right to stay and residence) and custody right to stay and residence) and custody prior to deportationprior to deportation

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StatisticsStatisticsAsyslum SeekersAsyslum Seekers

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Foreigners in AustriaForeigners in Austria

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Opinions / Policy-MakersOpinions / Policy-Makers

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My Job / Home for homeless peopleMy Job / Home for homeless people

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Verein Wohnen und Arbeit / Winden 24 / 3390 MelkVerein Wohnen und Arbeit / Winden 24 / 3390 Melk

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Longterm-Rehabilitation of alcoholicsLongterm-Rehabilitation of alcoholics

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Any questions ???Any questions ???

If yes: NOWIf yes: NOW If no: Thank you!If no: Thank you!

And if you like to visitAnd if you like to visitAustria after all thisAustria after all this

Information:Information:You are most welcome !You are most welcome !

It is really beautiful !It is really beautiful !