Key Benefits:
445. Ordinance of the Federal Government, which sets out the number of residence permits subject to a quota and the maximum number of employment permits for temporary employees and harvest workers for the year 2016 (establishment regulation 2016-NLV 2016)
On the basis of § 13 of the German Law on the Law of the Niederlassungs-und Aufenthaltsgesetz (NAG), BGBl. I n ° 100/2005, as last amended by the Federal Law BGBl. I n ° 122/2015, shall be assigned in agreement with the Main Committee of the National Council:
Total number of residence permits subject to quoting
§ 1. In 2016, a maximum of 5 656 residence permits subject to a quota of quots may be granted in accordance with Section 13 (2) of the NAG.
Temporary employed strangers and harvest workers
§ 2. (1) In 2016, Federal Minister of Labour, Social Affairs and Consumer Protection may have regulations pursuant to Section 5 (2) (1) of the Foreigners Employment Act (AuslBG), Federal Law Gazette (BGBl). No. 218/1975, as last amended by the Federal Law BGBl. I n ° 113/2015, up to 4 500 employment permits for temporary employees are granted, with which a related entry and residence right according to § 24 of the Foreign Police Act 2005 (FPG), BGBl. I n ° 100, as last amended by the Federal Law BGBl. I n ° 121/2015 (Section 13 (4) (1) of the NAG).
(2) In 2016, pursuant to the regulations of the Federal Minister of Labour, Social Affairs and Consumer Protection pursuant to Article 5 (2) (2) (2) of the German Federal Ministry of Labour, Social Affairs and Consumer Protection, up to 700 employment permits may be issued for harvest workers with whom an entry into force of this type of entry is to be granted. and the right of residence pursuant to § 24 FPG may be granted (§ 13 paragraph 4 Z 2 NAG).
Quota of residence permits
§ 3. (1) A maximum of 94 quota-subject residence permits may be issued in the Burgenland in 2016,
| 1. |
50 residence permits for family members of third-country nationals for the purpose of family reunification in the cases of § 46 (1) (2) and (4) of the NAG (Article 13 (2) (1) (1) and (2) NAG); |
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| 2. |
30 permanent residence permits for third-country nationals and members of their families who are allowed to settle in Austria on a permanent basis without regard to employment (Article 13 (2) (4) of the NAG); |
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| 3. |
9 Establishment permits for third-country nationals who are in possession of a residence permit "permanent residence-EU" of another Member State of the European Union and wish to come to Austria (§ 13 para. 2 Z 5 NAG), |
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| a) |
3 residence permit "Rot-Weiß-Rot-Karte" (Red-White-Red-Card) for the exercise of a paid employment (§ 49 para. 2 NAG); |
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| b) |
3 establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and |
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| c) |
3 residence permits without the pursuit of a professional activity (§ 49 para. 1 NAG); |
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| 4. |
5 residence permits for third-country nationals who are in the possession of a "residence permit-member" and seek a change of purpose on a residence permit "Red-White-Red-Card plus" (§ 13 para. 2 Z 3 NAG). |
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(2) In 2016, a maximum of 211 quoting residence permits may be issued in Carinthia,
| 1. |
150 residence permits for family members of third country nationals for the purpose of family reunification in the cases of § 46 (1) (2) and (4) of the NAG (§ 13 para. 2 Z 1 and 2 NAG); |
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| 2. |
45 permanent residence permits for third-country nationals and members of their families who are allowed to settle in Austria on a permanent basis without any intention to work (Article 13 (2) (4) of the NAG); |
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| 3. |
11 Establishment permits for third-country nationals who are in possession of a residence permit "permanent residence-EU" of another Member State of the European Union and who wish to come to Austria (§ 13 para. 2 Z 5 NAG), |
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| a) |
5 residence permit "Rot-Weiß-Rot-Karte" (Red-White-Red-Card) for the exercise of a paid employment (§ 49 para. 2 NAG); |
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| b) |
3 establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and |
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| c) |
3 residence permits without the pursuit of a professional activity (§ 49 para. 1 NAG); |
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| 4. |
5 residence permits for third-country nationals who are in the possession of a "residence permit-member" and seek a change of purpose on a residence permit "Red-White-Red-Card plus" (§ 13 para. 2 Z 3 NAG). |
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(3) In the year 2016, a maximum of 381 residence permits for which a quota is to be issued in Lower Austria shall be granted,
| 1. |
330 residence permits for family members of third-country nationals for the purpose of family reunification in the cases of § 46 (1) (2) and (4) of the NAG (Article 13 (2) (1) and (2) NAG); |
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| 2. |
30 permanent residence permits for third-country nationals and members of their families who are allowed to settle in Austria on a permanent basis without regard to employment (Article 13 (2) (4) of the NAG); |
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| 3. |
11 Establishment permits for third-country nationals who are in possession of a residence permit "permanent residence-EU" of another Member State of the European Union and who wish to come to Austria (§ 13 para. 2 Z 5 NAG), |
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| a) |
5 residence permit "Rot-Weiß-Rot-Karte" (Red-White-Red-Card) for the exercise of a paid employment (§ 49 para. 2 NAG); |
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| b) |
3 establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and |
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| c) |
3 residence permits without the pursuit of a professional activity (§ 49 para. 1 NAG); |
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| 4. |
10 permanent residence permits for third-country nationals who are in the possession of a "residence permit-member" and seek a change of purpose on a residence permit "Red-White-Red-Card plus" (§ 13 para. 2 Z 3 NAG). |
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(4) In 2016, a maximum of 737 registered residence permits may be issued in Upper Austria, of which:
| 1. |
650 residence permits for family members of third country nationals for the purpose of family reunification in the cases of § 46 (1) (2) and (4) of the NAG (§ 13 para. 2 Z 1 and 2 NAG); |
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| 2. |
25 residence permits for third-country nationals and members of their families who are allowed to settle in Austria on a permanent basis without any intention to work (Article 13 (2) (4) of the NAG); |
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| 3. |
17 residence permits for third-country nationals who are in possession of a residence permit "permanent residence-EU" of another Member State of the European Union and wish to come to Austria (§ 13 para. 2 Z 5 NAG), |
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| a) |
7 residence permit "Rot-Weiß-Rot-Karte" (Red-White-Red-Card) for the exercise of a paid employment (§ 49 para. 2 NAG); |
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| b) |
5 Establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and |
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| c) |
5 residence permits without the pursuit of an employment (§ 49 para. 1 NAG); |
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| 4. |
45 permanent residence permits for third-country nationals who are in the possession of a "residence permit-member" and seek a change of purpose on a residence permit "Red-White-Red-Card plus" (§ 13 para. 2 Z 3 NAG). |
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(5) In the year 2016, a maximum of 406 quota-subject residence permits may be issued in Salzburg,
| 1. |
330 residence permits for family members of third-country nationals for the purpose of family reunification in the cases of § 46 (1) (2) and (4) of the NAG (Article 13 (2) (1) and (2) NAG); |
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| 2. |
35 permanent residence permits for third-country nationals and members of their families who are allowed to settle in Austria on a permanent basis without any intention to work (Article 13 (2) (4) of the NAG); |
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| 3. |
16 residence permits for third-country nationals who are in possession of a residence permit "permanent residence-EU" of another Member State of the European Union and wish to come to Austria (§ 13 para. 2 Z 5 NAG), |
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| a) |
10 residence permit "Rot-Weiß-Rot-Karte" (Red-White-Red-Card) for the exercise of a paid employment (§ 49 para. 2 NAG); |
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| b) |
3 establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and |
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| c) |
3 residence permits without the pursuit of a professional activity (§ 49 para. 1 NAG); |
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| 4. |
25 residence permits for third-country nationals who are in the possession of a "residence permit-member" and seek a change of purpose on a residence permit "Red-White-Red-Card plus" (§ 13 para. 2 Z 3 NAG). |
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(6) In 2016, a maximum of 572 residence permits, subject to a quota, may be issued in the Steiermark,
| 1. |
460 residence permits for family members of third country nationals for the purpose of family reunification in the cases of § 46 (1) (2) and (4) of the NAG (§ 13 para. 2 Z 1 and 2 NAG); |
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| 2. |
70 permanent residence permits for third-country nationals and members of their families who are allowed to settle in Austria on a permanent basis without any intention to work (Article 13 (2) (4) of the NAG); |
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| 3. |
12 residence permits for third-country nationals who are in possession of a residence permit "permanent residence-EU" of another Member State of the European Union and wish to come to Austria (§ 13 para. 2 Z 5 NAG), |
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| a) |
4 residence permit "Rot-Weiß-Rot-Karte" (Red-White-Red-Card) for the exercise of a paid employment (§ 49 para. 2 NAG); |
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| b) |
4 permits for the exercise of self-employment (Section 49 (4) of the NAG) and |
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| c) |
4 permits of establishment without the pursuit of a professional activity (§ 49 para. 1 NAG); |
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| 4. |
30 permanent residence permits for third-country nationals who are in the possession of a "residence permit-member" and seek a change of purpose on a residence permit "Red-White-Red-Card plus" (§ 13 para. 2 Z 3 NAG). |
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(7) In the year 2016, a maximum of 366 quota-subject residence permits may be issued in Tyrol,
| 1. |
300 residence permits for family members of third country nationals for the purpose of family reunification in the cases of § 46 (1) (2) and (4) of the NAG (§ 13 para. 2 Z 1 and 2 NAG); |
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| 2. |
35 permanent residence permits for third-country nationals and members of their families who are allowed to settle in Austria on a permanent basis without any intention to work (Article 13 (2) (4) of the NAG); |
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| 3. |
11 Establishment permits for third-country nationals who are in possession of a residence permit "permanent residence-EU" of another Member State of the European Union and who wish to come to Austria (§ 13 para. 2 Z 5 NAG), |
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| a) |
5 residence permit "Rot-Weiß-Rot-Karte" (Red-White-Red-Card) for the exercise of a paid employment (§ 49 para. 2 NAG); |
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| b) |
3 establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and |
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| c) |
3 residence permits without the pursuit of a professional activity (§ 49 para. 1 NAG); |
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| 4. |
20 permanent residence permits for third-country nationals who are in the possession of a "residence permit-member" and seek a change of purpose on a residence permit "Red-White-Red-Card plus" (§ 13 para. 2 Z 3 NAG). |
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(8) In the year 2016, a maximum of 219 quota-subject residence permits may be issued in Vorarlberg,
| 1. |
170 residence permits for family members of third country nationals for the purpose of family reunification in the cases of § 46 (1) (2) and (4) of the NAG (§ 13 para. 2 Z 1 and 2 NAG); |
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| 2. |
30 permanent residence permits for third-country nationals and members of their families who are allowed to settle in Austria on a permanent basis without regard to employment (Article 13 (2) (4) of the NAG); |
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| 3. |
11 Establishment permits for third-country nationals who are in possession of a residence permit "permanent residence-EU" of another Member State of the European Union and who wish to come to Austria (§ 13 para. 2 Z 5 NAG), |
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| a) |
5 residence permit "Rot-Weiß-Rot-Karte" (Red-White-Red-Card) for the exercise of a paid employment (§ 49 para. 2 NAG); |
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| b) |
3 establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and |
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| c) |
3 residence permits without the pursuit of a professional activity (§ 49 para. 1 NAG); |
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| 4. |
8 residence permits for third-country nationals who are in the possession of a "residence permit-member" and seek a change of purpose on a residence permit "Red-White-Red-Card plus" (§ 13 para. 2 Z 3 NAG). |
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(9) In 2016, a maximum of 2,670 quota-subject residence permits may be issued in Vienna, of which:
| 1. |
2 450 residence permits for family members of third country nationals for the purpose of family reunification in the cases of § 46 (1) (2) and (4) of the NAG (§ 13 para. 2 Z 1 and 2 NAG); |
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| 2. |
100 permanent residence permits for third-country nationals and members of their families who are allowed to settle in Austria on a permanent basis (Article 13 (2) (4) of the NAG) without a view to their working life; |
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| 3. |
40 Establishment permits for third-country nationals who are in possession of a residence permit "permanent residence-EU" of another Member State of the European Union and wish to come to Austria (§ 13 para. 2 Z 5 NAG), |
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| a) |
20 residence permit "Rot-Weiß-Rot-Karte" (Red-White-Red-Card) for the exercise of a paid employment (§ 49 para. 2 NAG); |
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| b) |
15 permits for self-employment (§ 49 para. 4 NAG) and |
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| c) |
5 residence permits without the pursuit of an employment (§ 49 para. 1 NAG); |
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| 4. |
80 permanent residence permits for third-country nationals who are in the possession of a "residence permit-member" and seek a change of purpose on a residence permit "Red-White-Red-Card plus" (§ 13 para. 2 Z 3 NAG). |
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entry into force
§ 4. This Regulation shall enter into force 1. Jänner 2016 in force.
Faymann Mitterlehner Ostermayer Kurz Hundstorfer Heinisch-Hosek Karmasin Schelling
Oberhauser Mikl-Leitner Brandstetter Klug Ruppright-hand stöger
