Amendment Of The Aliens Police Act Implementation Regulation

Original Language Title: Änderung der Fremdenpolizeigesetz-Durchführungsverordnung

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204. Regulation of the Minister of Home Affairs, modifies the Aliens Police Act regulation

On the basis of the Aliens Police Act 2005 (FPG), Federal Law Gazette I no. 100, last amended by Federal Law Gazette I is no. 38/2011, - in terms of § 24a article 6 in consultation with the Federal Minister of labour, Social Affairs and consumer protection and the Federal Minister for European and international affairs -:

The regulation of the Federal Minister of the Interior on the implementation of the Aliens Police Act 2005 (Fremdenpolizeigesetz - implementing regulation - FPG-DV), Federal Law Gazette II No. 450/2005, as last amended by Federal Law Gazette II No. 497/2009, is amended as follows:

1. the previous sections 4 and 5 get the terms of paragraph 8 and 9 and the previous § 5a receives the paragraph called 11 as well as the previous articles 6 to 12 the paragraph names 14 to 21.

2. According to § 3 following sections 4 to 7 and headings shall be inserted:

"Form of applying for visas for the purpose of finding work

4. applications referred to in Article 24a, paragraph 1 FPG are in writing and personally to introduce in the respective consular authorities abroad.

Form of documents and evidence for visas for the purpose of finding work

The documents required for the application in accordance with Article 24a, paragraph 1, FPG and evidence are § 5 (1) of the representation office in the original.

(2) documents and evidence in accordance with § 6, which are not written in German or English, are at the request of the consular authorities in addition to submit a translation in German or English language.

(3) the representation authority will review the submitted documents and certificates pursuant to section 7 on their completeness and confirmed this in the form of the labour market service. Documents and certificates pursuant to section 7, which are not written in German or English, are at least in addition to submit a translation in German or English language and at the request of the central point of contact of the employment service in the form of certified.

Certificates and supporting documents for visa for the purpose of finding work

The application for a visa in accordance with Article 24a, paragraph 1 FPG are § 6 (1) to connect the following documents and evidence - without prejudice to other documents and certificates pursuant to section 7 -: 1. valid travel document (§ 2 para 4 Nos. 4 and 5 FPG);

2. birth certificate or these same documents document;

3. current photograph of the applicant;

4. proof of accommodation at the time of entry;

5. proof of a health insurance covering all risks and debtor in Austria;

6. proof of safe living, in particular by payslip, wage receipts or proof of sufficient own assets.

(2) concerning paragraph 1 Nos. 5 and 6, § 21 paragraph 6 applies FPG as amended by Federal Law Gazette I no. 38/2011.

(3) the photograph referred to in para 1 No. 3 has the standards under article 13 of Regulation (EC) No. 810/2009 establishing a code on visas in the community, OJ No. L 243 of September 15, 2009 to comply with S. 1.

Further documents and evidence for visa for the purpose of finding work

§ 7. In addition to the documents referred to in article 6 and prove more documents and evidence in accordance with § 12 of conjunction with annex aliens Employment Act (aliens), BGBl. No. 218 are the applying for a visa in accordance with Article 24a, paragraph 1, FPG / 1975, to join: 1 establishing a degree at a tertiary education institution four years minimum: a) certificate of successful completion of the studies and b) proof of the status of University or other tertiary education institution;

2. establishing a habilitation the document with which it will be; to recognized

3. proof of last year's gross annual salary in a leadership position of a listed company or a company whose activities or business field is a positive opinion of the competent foreign authority: a) tax or salary confirmation, b) confirmation of the employer, that the applicant is in a leadership position was active and c) evidence that listed the company on the stock exchange or a positive opinion of the competent Trade Commission relating to the activities or the business of the company;

4. establishing a research or innovation activity: a) proof of scientific publications, specifying the title and the reference, b) confirmation of a university or a public or private research institution that was the applicant in the research and development or in the scientific, academic including the research-led teaching, or c) proof of the patent application with extract from the national or regional patent register;

5. establishing recognized awards and prizes is a certificate confirming ceremony;

6 for the detection of experience: a) certificate of service and b) confirmation of employment;

7. to detect the presence of the German or English language skills a knowledge affirmative internationally recognized language certificate or course certificate.

8. to the proof of studies in Austria (second study section or half of the ECTS credit points) the appropriate semester and the corresponding certificates;

"9 for the detection of a diploma degree or Bachelor and master studies in Austria a certificate of successful completion of his studies."

3. in article 8, paragraph 1 (new) eliminates the previous paragraph 8 and the existing paragraphs 9 to 13 get the numeric designations of 8 to 12.

4 the word "Stamp duty" replaced by the word "Visa" is each into the heading to § 9, as well as in § 9 para 1, 2 and 4 (new).

5. in article 9, paragraph 3 (new) is the word "Endorsement" replaced by the word 'Visa'.

6 pursuant to § 9 (new) the following article 10 together with the heading shall be inserted:

"Tasks of the human rights observer in deportations

§ 10 (1) deportations, which has organized the Federal Ministry of the Interior or organized or joint return operations in accordance with article 9 of Regulation (EC) No. 2007/2004 of the Council of 26 October 2004 establishing a European Agency for the management of operational cooperation at the external borders of the Member States of the European Union, a human rights observer from the contact conversation has to take part. This one has to perceive the observation of deportation until the arrival of the foreigner in the country of origin, unless there is a scheduled flight.

(2) the human rights observers has to draft a report within one week of the process of carried out by deportation and to present the Federal Minister of the Interior. The Federal Minister of the Interior shall transmit the report within three weeks of receipt in an anonymous form to the Chairman of the Human Rights Advisory Board.

(3) the selection of human rights observers shall be the Federal Minister of the Interior. It also legal persons can be entrusted with the tasks referred to in paragraph 1 and paragraph 2."

7. pursuant to section 11 (new) following sections 12 and 13 together with the headings shall be inserted:

"Filing of documents

§ 12 (1) as documents for requirements pursuant to § 54 para 4 Z 3, 56 para 2 No. of 3 and 63 para 4 Z 3 FPG apply travel document (§ 2 para 4 Z 4 or 5 FPG), or an identification document or a similar document, emerge from the particular name, first name and date of birth.

(2) in particular 1 birth certificate; considered comparable documents referred to in paragraph 1

2. alien and Convention travel document;

3. proof of nationality;

4. driving licence.

(3) a confirmation issue is the stranger to the filing of documents.

(4) the documents are, as soon as they are required for procedures or for a deportation after the FPG, to reset the strangers.

Filing of financial collateral

13. (1) the amount of the financial security pursuant to § 56 para 2 No. of 4, 71 paragraph 2 Z 3 and 77 para 3 Z 3 FPG is each individual appropriate and proportionate set. This amounts to a maximum of 200 vH of the units referred to in article 293, paragraph 1 lit. a bb General Social Insurance Act (ASVG), Federal Law Gazette No. 189/1955.

(2) the alien is the filing of financial security to make a confirmation.

(3) the financial security is to reset the stranger, as soon as the reasons for the establishment of this edition have disappeared.

(4) the financial security will be forfeited in favor of the Federal Government if the stranger escapes the procedure or any measure after the FPG. The stranger is proven to inform about this when depositing financial security."

8. in article 18 (new) para 1a is inserted after paragraph 1 the following:

(1a) that advance are FPG of the carriers at the conclusion of the passenger-related formalities to submit data in accordance with § 111 paragraph 3 to deliver to an address to be known by the Federal Ministry of the Interior.

9 the following paragraph 6 is added to the section 21 (new):

"II No. 204/2011, (6) sections 4 to 7, including headings, 8 and 9, 10 and heading, 11, 12 and 13 together with headings, 14 to 21 and the Appendix A as amended by the regulation of the Federal Minister of the Interior Federal Law Gazette 1 July 2011 into force."

10. the Annex A is as follows:

(see attachments)

 

Mikl-Leitner

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