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 non-residents and harvest workers for the year 2012 (Regulation of the establishment of a permanent residence permit) 2012-NLV 2012)
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 ° 38/2011, shall be assigned in agreement with the Main Committee of the National Council:
Total number of residence permits subject to quoting
§ 1. In 2012, a maximum of 5213 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 2012, 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) (1) of the Foreigners Employment Act (AuslBG), Federal Law Gazette (BGBl). No. 218/1975, as last amended by the Federal Law BGBl. I n ° 25/2011, up to 7500 employment permits for temporary employees are granted, with which a related entry and residence right according to § 24 of the Foreign Police Law 2005 (FPG), BGBl. I n ° 100, as last amended by the Federal Law BGBl. I n ° 38/2011 (Article 13 (4) (1) NAG).
(2) In 2012, pursuant to Article 5 (2) (2) (2) of the German Federal Ministry of Labour, Social Affairs and Consumer Protection Regulations, up to 7500 employment permits may be issued for harvest workers with which the entry into force of the entry into force of this Regulation is not possible. 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 74 quota-subject residence permits may be issued in the Burgenland in 2012,
| 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). |
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(2) A maximum of 119 quota-subject residence permits may be issued in Carinthia in 2012,
| 1. |
70 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. |
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). |
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(3) In the year 2012, a maximum of 344 registered 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. |
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. |
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). |
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(4) In the year 2012, a maximum of 705 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. |
15 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) |
5 establishment permits for the pursuit of an activity in an unself-employed capacity (Article 49 (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). |
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(5) In the year 2012, a maximum of 349 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. |
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. |
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). |
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(6) In the year 2012, a maximum of 562 quota-subject residence permits may be issued in Styria,
| 1. |
480 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. |
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). |
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(7) In the course of 2012, a maximum of 329 quota-subject residence permits may be issued in Tyrol,
| 1. |
280 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. |
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. |
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). |
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(8) In the course of 2012, a maximum of 191 residence permits subject to a quota may be issued in Vorarlberg,
| 1. |
160 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. |
15 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). |
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(9) In the year 2012, a maximum of 2540 quoting residence permits may be issued in Vienna.
| 1. |
2400 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. |
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. |
50 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). |
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entry into force
§ 4. This Regulation shall enter into force 1. Jänner 2012 in force.
Faymann Spindelegger Hundstorfer Fekter Heinisch-Hosek Stöger Mikl-Leitner Karl Berlakovich Darabos Schmied Bures Mitterlehner Töchterle
