Branch Regulation 2013 - 2013 Nlv

Original Language Title: Niederlassungsverordnung 2013 - NLV 2013

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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);

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);

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),

a)

3 establishment permits for the pursuit of an activity in a self-employed capacity (Article 49 (2) NAG);

b)

3 establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and

c)

3 residence permits without the pursuit of a professional activity (§ 49 para. 1 NAG);

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);

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);

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),

a)

5 establishment permits for the pursuit of an activity in an unself-employed capacity (Article 49 (2) NAG);

b)

3 establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and

c)

3 residence permits without the pursuit of a professional activity (§ 49 para. 1 NAG);

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);

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);

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),

a)

5 establishment permits for the pursuit of an activity in an unself-employed capacity (Article 49 (2) NAG);

b)

3 establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and

c)

3 residence permits without the pursuit of a professional activity (§ 49 para. 1 NAG);

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);

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);

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),

a)

7 permits for the exercise of a paid employment (§ 49 para. 2 NAG);

b)

5 Establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and

c)

5 residence permits without the pursuit of an employment (§ 49 para. 1 NAG);

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);

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);

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),

a)

5 establishment permits for the pursuit of an activity in an unself-employed capacity (Article 49 (2) NAG);

b)

3 establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and

c)

3 residence permits without the pursuit of a professional activity (§ 49 para. 1 NAG);

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);

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);

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),

a)

4 residence permits for the pursuit of an activity as an employed person (§ 49 para. 2 NAG);

b)

4 permits for the exercise of self-employment (Section 49 (4) of the NAG) and

c)

4 permits of establishment without the pursuit of a professional activity (§ 49 para. 1 NAG);

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);

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);

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),

a)

5 establishment permits for the pursuit of an activity in an unself-employed capacity (Article 49 (2) NAG);

b)

3 establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and

c)

3 residence permits without the pursuit of a professional activity (§ 49 para. 1 NAG);

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);

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);

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),

a)

5 establishment permits for the pursuit of an activity in an unself-employed capacity (Article 49 (2) NAG);

b)

3 establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and

c)

3 residence permits without the pursuit of a professional activity (§ 49 para. 1 NAG);

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);

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);

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),

a)

20 residence permits for the pursuit of an activity as an employed person (§ 49 para. 2 NAG);

b)

5 Establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and

c)

5 residence permits without the pursuit of an employment (§ 49 para. 1 NAG);

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