Amendment Of The Aliens Police Act Implementation Regulation

Original Language Title: Änderung der Fremdenpolizeigesetz-Durchführungsverordnung

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204. Regulation of the Federal Minister for the Interior, which changes the Tourism Law-Implementing Regulation

On the basis of the Foreign Police Act 2005 (FPG), BGBl. I n ° 100, as last amended by the Federal Law BGBl. I No 38/2011, as regards Section 24a (6), in agreement with the Federal Minister for Labour, Social Affairs and Consumer Protection and the Federal Minister for European and International Affairs -prescribed:

The regulation of the Federal Minister of the Interior for the implementation of the Tourism Act 2005 (Tourism Law-Implementing Regulation-FPG-DV), Federal Law Gazette (BGBl). II No 450/2005, as last amended by BGBl. II No 497/2009, shall be amended as follows:

1. The previous § § 4 and 5 are given the sections 8 and 9 and the previous § 5a is given the Section 11 as well as the previous § § 6 to 12 the section names 14 to 21.

2. According to § 3, the following § § 4 to 7 shall be inserted together with the headings:

" Form of application for visas for the purpose of job search

§ 4. Applications pursuant to Section 24a (1) of the FPG shall be submitted in writing and shall be submitted in person to the respective representative office abroad.

Form of documents and documents for visas for the purpose of finding a job

§ 5. (1) The original documents and evidence required for the application pursuant to § 24a (1) FPG shall be submitted to the representative authority in the original.

(2) On request of the representative authority, documents and evidence in accordance with § 6, which are not written in German or English, must also be submitted in a translation in German or English.

(3) The representative authority shall check the submitted documents and evidence in accordance with § 7 for their completeness and confirm this in the form of the labour market service. Certificates and certificates according to § 7, which are not written in German or English, are in addition in a translation in German or English language and at the request of the Central Contact Point of the Labour Market Service in to provide a certified copy.

Documents and documents for visas for the purpose of finding a job

§ 6. (1) The following documents and documents shall be attached to the application for the issuance of a visa in accordance with § 24a (1) of the FPG-without prejudice to other documents and evidence in accordance with § 7 of the German FPG:

1.

valid travel document (§ 2 para. 4 Z 4 and 5 FPG);

2.

birth certificate or a document which is equivalent to that document;

3.

the current photograph of the applicant;

4.

Proof of accommodation at least at the time of entry;

5.

proof of a health insurance cover which is liable to pay in Austria and covers all risks;

6.

Proof of the saved living conditions, in particular by means of payroll, salary confirmations or by proof of their own assets in sufficient amount.

(2) Section 1 (1) (5) and (6) applies to Article 21 (6) of the FPG in the version of the Federal Law BGBl. I No 38/2011.

(3) The photograph referred to in paragraph 1 (1) (3) shall have the standards laid down in Article 13 of Regulation (EC) No 810/2009 establishing a Community Code on Visas, OJ L 327, 31.12.2009, p. No. OJ L 243, 15.09.2009, p. 1.

Further documents and documents for visas for the purpose of finding a job

§ 7. In addition to the documents and documents referred to in § 6, the application for a visa pursuant to § 24a (1) FPG is further documents and certificates according to § 12 iVm annex A AusländerEmployment Act (AuslBG), BGBl. No 218/1975,

1.

Proof of a university degree at a tertiary education institution with a minimum of four years:

a)

Certificate of successful completion of studies and

b)

proof of the status of the university or other tertiary education institution;

2.

to prove a habilitation, the document with which it is awarded;

3.

for the proof of last year's gross annual salary in a management position of a listed company or company, for its activities or A positive opinion from the relevant external trade office is available:

a)

tax decision or salary confirmation,

b)

Confirmation from the employer that the applicant was in a leading position and

c)

Proof that the company is listed on the stock exchange or a positive opinion from the relevant external trade office concerning the activities and/or activities of the company. the business unit of the company;

4.

to demonstrate a research or innovation activity:

a)

proof of scientific publications, indicating the title and the place of discovery,

b)

Confirmation from a university or public or private research institution that the applicant has been engaged in research and development or in the scientific, including the research-led academic teaching, or

c)

proof of a patent application by means of excerpt from the national or regional patent register;

5.

for the proof of recognised awards and prizes, a certificate confirming the award;

6.

for proof of professional experience:

a)

Certificate of service and

b)

Confirmation of work;

7.

for proof of knowledge of the German or English language, an internationally recognised language diploma or course certificate confirming this knowledge;

8.

for proof of study in Austria (second part or half of the ECTS credits), the corresponding study book and the corresponding examination certificates;

9.

proof of a diploma or bachelor's and master's degree in Austria a certificate of the successful completion of this course of study. "

3. In § 8 (1) (new), the previous paragraph 8 is deleted and the number designations 8 to 12 are given the previous paragraphs 9 to 13.

4. In the title to § 9 as well as in § 9 para. 1, 2 and 4 (new), the word shall be "visibility obligation" by the word "visa requirement" replaced.

5. In § 9 para. 3 (new) the word "sight note" by the word "Visa" replaced.

6. In accordance with § 9 (new), the following § 10 with headline is inserted:

" Tasks of the Human Rights Observer during deportations

§ 10. (1) In the case of deportations organised or co-organised by the Federal Ministry of the Interior, or in the case of Joint Return Operations pursuant to Article 9 of Council Regulation (EC) No 2007/2004 of 26 June 2004, the The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, which is to be established in October 2004, has a human rights observer from the contact interview. The person concerned shall be able to observe the deportation until the arrival of the foreign person in the country of origin, unless it is a scheduled flight.

(2) Within one week of the expulsion carried out, the Human Rights Observer shall draw up a report and shall submit to the Federal Minister for Home Affairs. Within three weeks of receiving the report, the Federal Minister for the Interior shall transmit the report to the Chairman of the Human Rights Advisory Council in an anonymized form.

(3) The Federal Minister for Home Affairs is responsible for the selection of human rights monitors. Legal persons may also be entrusted with the tasks referred to in paragraph 1 and paragraph 2. "

7. According to § 11 (new) the following § § 12 and 13 together with the headings are inserted:

" deposit of documents

§ 12. (1) A travel document (§ 2 para. 4 Z 4 or 5 FPG) shall be deemed to be documents for requirements in accordance with § § 54 (4) (Z) 3, 56 (2) (2) (3) and 63 (4) (FPG) of the FPG, a personal document or a comparable document from which, in particular, the name, first name and Date of birth.

(2) comparable documents referred to in paragraph 1 shall apply in particular:

1.

birth certificate;

2.

Passports and Convention passports;

3.

Proof of nationality;

4.

Driving licence.

(3) A confirmation shall be issued to the stranger via the deposit of documents.

(4) The documents shall be returned to the stranger as soon as they are no longer required for procedures or for deportation under the FPG.

Deposit of financial collateral

§ 13. (1) The amount of financial security pursuant to § § 56 (2) Z 4, 71 (2) (2) Z 3 and 77 (3) Z 3 FPG shall in each case be appropriate and proportionate in each individual case. This shall not exceed 200 vH of the judge's sentence in accordance with § 293 para. 1 lit. a bb General Social Security Act (ASVG), BGBl. No. 189/1955.

(2) A confirmation shall be issued to the stranger via the deposit of financial security.

(3) The financial security shall be returned to the stranger as soon as the reasons for the fixing of this requirement have been omitted.

(4) The financial security shall be forgiven for the benefit of the Federal Government if the foreign person withdraws from the proceedings or a measure under the FPG. The foreign person shall be shown to be informed about this in the case of the deposit of financial security. "

8. In § 18 (new), the following paragraph 1 is inserted after paragraph 1:

"(1a) The data to be transmitted in advance by the carrier at the conclusion of the passenger-related formalities in accordance with Section 111 (3) of the FPG shall be transmitted to a delivery address to be announced by the Federal Ministry of the Interior."

9. The following paragraph 6 is added to § 21 (new):

§ § § 4 to 7 together with headings, 8 and 9, 10 with headline, 11, 12 and 13 together with headlines, 14 to 21 as well as Annex A in the version of the regulation of the Federal Minister of the Interior BGBl. II No 204/2011, enter into force on 1 July 2011. "

10. Appendix A is:

(see annexes)

Mikl-Leitner