Key Benefits:
448. 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 2013 (establishment regulation) 2013-NLV 2013)
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 ° 87/2012, shall be assigned in agreement with the Main Committee of the National Council:
Total number of residence permits subject to quoting
§ 1. In 2013, a maximum of 5133 residence permits, subject to a quota, may be issued in accordance with Section 13 (2) of the NAG.
Temporary employed strangers and harvest workers
§ 2. (1) In 2013, the Federal Minister of Labour, Social Affairs and Consumer Protection (Federal Minister for Labour, Social Affairs and Consumer Protection) may have regulations pursuant to Section 5 (2) Z 1 of the Foreigners Employment Act (AuslBG), BGBl. No. 218/1975, as last amended by the Federal Law BGBl. I n ° 98/2012, up to 7 000 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 ° 87/2012 (Section 13 (4) (1) NAG).
(2) In 2013, pursuant to Article 5 (2) (2) of the German Federal Ministry of Labour, Social Affairs and Consumer Protection, up to 2 500 employment permits may be issued for the benefit of a harvesting worker who is connected to the employment of a worker. The right of entry and residence pursuant to § 24 FPG may be granted (§ 13 paragraph 4 Z 2 NAG).
Quota of residence permits
§ 3. (1) In 2013, a maximum of 74 quota-subject residence permits may be issued in Burgenland,
1. |
40 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. |
20 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. |
9 Establishment permits for third-country nationals who are in possession of a residence permit "permanent residence-EC" of another Member State of the European Union and wish to come to Austria (Article 13 (2) (2) of the NAG), |
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a) |
3 establishment permits for the pursuit of an activity in a self-employed capacity (Article 49 (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 for a "settlement permit" (Section 13 (2) (3) of the NAG). |
(2) A maximum of 131 quota-subject residence permits may be issued in Carinthia in 2013,
1. |
80 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-EC" 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) |
5 establishment permits for the pursuit of an activity in an unself-employed capacity (Article 49 (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 for a "settlement permit" (Section 13 (2) (3) of the NAG). |
(3) In the year 2013, a maximum of 346 quota-subject residence permits may be issued in Lower Austria,
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. |
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. |
11 Establishment permits for third-country nationals who are in possession of a residence permit "permanent residence-EC" 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) |
5 establishment permits for the pursuit of an activity in an unself-employed capacity (Article 49 (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 Establishment authorisations for third-country nationals who are in the possession of a "residence permit-member" and seek a change of purpose for a "settlement permit" (Section 13 (2) (3) NAG). |
(4) In the year 2013, a maximum of 707 quota-subject residence permits may be issued in Upper Austria,
1. |
630 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. |
20 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-EC" of another Member State of the European Union and wish to come to Austria (Article 13 (2) (2) (5) NAG), |
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a) |
7 permits 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. |
40 permanent residence permits for third-country nationals who are in the possession of a "residence permit-member" and seek a change of purpose for a "settlement permit" (Section 13 (2) (3) of the NAG). |
(5) In the year 2013, a maximum of 351 quota-subject residence permits may be issued in Salzburg,
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. |
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. |
11 Establishment permits for third-country nationals who are in possession of a residence permit "permanent residence-EC" 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) |
5 establishment permits for the pursuit of an activity in an unself-employed capacity (Article 49 (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. |
15 residence permits for third-country nationals who are in the possession of a "residence permit-member" and seek a change of purpose for a "settlement permit" (§ 13 para. 2 Z 3 NAG). |
(6) In 2013, a maximum of 542 quota-subject residence permits may be issued in 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. |
40 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. |
12 residence permits for third-country nationals who are in possession of a residence permit "permanent residence-EC" 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 permits for the pursuit of an activity as an employed person (§ 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 for a "settlement permit" (Section 13 (2) (3) of the NAG). |
(7) In the year 2013, a maximum of 316 quota-subject residence permits may be issued in Tyrol,
1. |
260 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-EC" 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) |
5 establishment permits for the pursuit of an activity in an unself-employed capacity (Article 49 (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. |
15 residence permits for third-country nationals who are in the possession of a "residence permit-member" and seek a change of purpose for a "settlement permit" (§ 13 para. 2 Z 3 NAG). |
(8) In the year 2013, a maximum of 186 residence permits subject to a quota may be issued in Vorarlberg,
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. |
20 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-EC" 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) |
5 establishment permits for the pursuit of an activity in an unself-employed capacity (Article 49 (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 for a "settlement permit" (Section 13 (2) (3) of the NAG). |
(9) In 2013, a maximum of 2480 residence permits for which a quota is to be issued in Vienna may be issued,
1. |
2350 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. |
60 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. |
30 permanent residence permits for third-country nationals who are in possession of a residence permit "permanent residence-EC" of another Member State of the European Union and who wish to come to Austria (Article 13 (2) (2) of the NAG), |
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a) |
20 residence permits for the pursuit of an activity as an employed person (§ 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. |
40 permanent residence permits for third-country nationals who are in the possession of a "residence permit-member" and seek a change of purpose for a "settlement permit" (Section 13 (2) (3) of the NAG). |
In-force pedals
§ 4. This Regulation shall enter into force 1. Jänner 2013 in force.
Faymann Spindelegger Hundstorfer Fekter Heinisch-Hosek Stöger Mikl-Leitner Karl Darabos Schmied Töchterle