Immigration Amendment Act 2011 - R 2011

Original Language Title: Fremdenrechtsänderungsgesetz 2011 - FrÄG 2011

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38. Federal Law, with which the law of establishment and residence, the Law on Foreign Affairs 2005, the Asylum Act 2005, the Basic Supply Act-Federal Government 2005 and the Law of the Citizenship Act 1985 are amended (Act of Change in the Law of Foreign Affairs 2011- FrÄG 2011)

The National Council has decided:

table of contents

Article 1

Amendment of the law on the establishment of a residence and residence permit

Article 2

Amendment of the Tourism Act 2005

Article 3

Amendment of the Asylum Act 2005

Article 4

Amendment of the Basic Supply Act-Federal Government 2005

Article 5

Amendment of the Citizenship Act 1985

Article 1

Amendment of the law on the establishment of a residence and residence permit

The Law on the Law of the Netherlands (NAG), Federal Law Gazette (BGBl). I n ° 100/2005, as last amended by the Federal Law BGBl. I n ° 111/2010, is amended as follows:

1. The entry in the table of contents is § § 9 and 10:

" § 9.

Documentation of the Union's right of residence

§ 10.

Invalidity and non-reciprocity of residence permits and documentation of the Union's right of residence "

2. The following entries are inserted in the table of contents after the entry to § 14:

" § 14a.

Module 1 of the integration agreement

§ 14b.

Module 2 of the Integration Agreement "

3. In the table of contents the entry is to § 15:

" § 15.

Cost Participation "

4. In the table of contents the entry is to § 18:

" § 18.

Integration Advisory Council "

5. In the table of contents, after the entry to § 21 the following entry is inserted:

" § 21a.

Proof of German language skills "

6. In the table of contents the entry is to § 27:

" § 27.

Right of establishment of family members "

7. In the table of contents the entry is to § 38:

" § 38.

International and Union Data Traffic "

8. In the table of contents the entries are in accordance with § § 41 to 44:

" § 41.

Residence permit "Red-White-Red-Card"

§ 41a.

Residence permit "Rot-Weiß-Rot-Karte plus"

§ 42.

Residence permit "Blue Card EU"

§ 43.

"Establishment authorisation"

§ 44.

"Establishment of a residence permit-excluding gainful employment"

9. In the table of contents, the entry is the title of the 3. Main piece of the 2. Part:

" 3. Main item: establishment of long-term residents or highly qualified third-country nationals from other Member States and their family members "

10. In the table of contents, after the entry to § 50 the following entry is inserted:

§ 50a.

Third-country nationals with a residence permit "Blue Card EU" of another Member State and their family members "

11. In the table of contents, the entry is the title of the 4. Main piece of the 2. Part:

" 4. Main item: Union legal residence permit "

12. In the table of contents the entry is to § 51:

" § 51.

EU legal residence rights of EEA citizens for more than three months "

13. In § § 1 (1), 3 (5), 9 (1) and 2, 10 (1) and (3), 19 (1), (7) and (11), 23 (1), 30 (3), 30a, 40 (1) and (2), 53 (2), 54 (2) and (7) and in the transcripts of § § 9 and 10, the word shall be given in each case. "Community law" by the word "Union Legal" replaced.

14. In § § 2 (1) Z 14, 21 (2) (2) Z 1 and § 57 the word shall be "Community legal" by the word "Union legal" replaced.

15. In § 2 para. 1, Z 15 and 18, the word order shall be "a residence ban" through the phrase "a return decision, a residence ban" and the phrase "or the enforcement of the detention, including the expenses for the replacement of the most effective means" through the phrase " , the enforcement of the detention or as an application for the use of the funds " replaced.

16. In § § 6 and 38 (3) and in the title of § 38, the word shall be "Community law" by the word "Union Legal" replaced.

17. § 8 (1) reads:

" (1) A residence permit shall be issued as:

1.

"Red-White-Red-Card" residence permit entitled to a temporary establishment and to the pursuit of a professional activity, for which a written notification or an expert opinion has been drawn up in accordance with § § 12d or 24 AuslBG;

2.

Residence permit "Rot-Weiß-Rot-Karte plus", entitled "Red-White-Red-Card plus", which entitles the temporary establishment and the pursuit of self-employment and employment in accordance with Section 17 of the German Federal Foreign Office (AuslBG);

3.

Residence permit "EU Blue Card", which entitles you to a temporary establishment and to the pursuit of a professional activity, for which a written notification has been drawn up pursuant to Section 12d (2) Z 4 of the AuslBG;

4.

"residence permit" entitles the holder to a temporary establishment and to pursue a self-employed and self-employed activity, for which a corresponding entitlement is granted under the Foreigners Employment Act;

5.

"residence permit-excluding gainful employment", which entitles the holder to a temporary establishment without the pursuit of an activity;

6.

"residence permit-national", which entitles the holder to a temporary establishment without the pursuit of an activity; the pursuit of a professional activity is only permitted on the basis of a subsequent change in purpose, subject to a quota-based period;

7.

Residence permit "permanent residence-EC" for the documentation of the permanent right of establishment, without prejudice to the validity of the document;

8.

Residence permit "family member" for the temporary establishment with the option of subsequently obtaining a residence permit "permanent residence-family member" (Z 9);

9.

Residence permit "permanent residence-family member" for the documentation of the permanent right of establishment, without prejudice to the validity of the document;

10.

"Residence permit" for a temporary temporary stay in the Federal territory for a specific purpose (§ § 58 to 69a). "

18. In § 8, the previous para. 2 is deleted and the previous paragraphs 3, 4 and 5 receive the sales designations "(2)" , "(3)" and "(4)" .

19. In § 8 paragraph 3 (new) the quote shall be " 1 Z 5 " by quoting " 1 Z 10 " replaced.

20. In § § 9 (1) Z 2, 52 (1), 53a (4) (4), 54 (1), (4) and (7), 54a (1) and 55 (2), the word shall be given in each case. "Community law" by the word "Union law" replaced.

21. In Section 10 (1), the phrase "different from § 65 FPG or the expulsion" through the phrase "or the expulsion in legal proceedings retrospected" replaced.

22. In § § 10 (3) Z 6, 53 (1) and § 53a (1) (1) the word shall be given in each case "Community law" by the word "Union law" replaced.

23. In § 10 para. 3 Z 7, the quote "§ 8 (4)" by quoting "§ 8 (3)" replaced.

24. In Section 10 (3), in Z 7 the point is replaced by a stroke point and the following Z 8 is added:

" 8.

A confirmation pursuant to section 64 (4) shall be issued to the stranger. "

25. § 11 (1) (1) and (2) read:

" 1.

a enforceable return decision has been issued against him in accordance with Section 52 of the FPG or an upright return ban pursuant to Section 54 of the FPG or an upright ban on the right of residence pursuant to § 63 or 67 FPG;

2.

is a return decision of another EEA State or Switzerland; "

26. In the sections § 11 (1) (5) and (21) (6), the word order shall be "View-free or visible-subject-responsible" through the phrase "Visa-free or visa-free" replaced.

27. § 11 para. 2 Z 6 reads:

" 6.

In the event of an application for renewal (§ 24), the foreign person has fulfilled the module 1 of the integration agreement in due time in accordance with § 14a. "

28. In Section 11 (3), in Z 8, the point is replaced by a line-point and the following Z 9 is added:

" 9.

the question as to whether the duration of the previous residence of the foreign person in the authorities is attributable to overlong delays. "

29. In Section 12 (1) (1) (1), the phrase "a settlement permit" through the phrase "a residence permit according to § § 44 (1), 46 (1) (2), (4) and (5), 47 (4), 49 (1), (2) and (4) and 56 (3)" replaced.

30. In § 12 para. 1 Z 2 the phrase "the application for the establishment of a permanent residence permit" through the phrase "the residence permit requested" replaced.

31. In § 12, para. 2, the word order shall be "A settlement permit subject to the quota obligation" through the phrase "a residence permit subject to the quota obligation" replaced.

32. In Section 12 (3) and (8), the word order shall be "the residence permit" through the phrase "the residence permit" replaced.

33. In Section 12 (3), the phrase "one such" through the phrase "one such" replaced.

34. In Section 12 (3), (5) and (6), the word order shall be "a settlement permit" through the phrase "a residence permit" replaced.

35. In § 12 (4) and (7) the citation shall be "§ 46 (4)" by quoting "§ 46 (1) (2) or (4)" replaced.

36. In Section 12 (8), the word "Establishment permits" by the word "Residence Title" and the word "Freedom of sight" by the word "Freedom of visas" replaced.

37. § 13 (1) to (5) reads:

" (1) The Federal Government, on a proposal from the Federal Minister of the Interior, in agreement with the Main Committee of the National Council, shall adopt a regulation with which, for each calendar year, the number of residence permits according to § § 44 (1), 46 (1) (Z) 2, paragraphs 4 and 5, 47 (4), 49 (1), 2 and 4 and 56 (3), and the maximum number of employment permits for temporary employees (establishment regulation).

(2) In the Regulation on the establishment of the right of establishment, the number of residence permits shall be determined separately by type of quota;

1.

Members of the family pursuant to § 46 (1) Z 2,

2.

Members of the family of third-country nationals in the cases of Section 46 (4),

3.

Third-country nationals who are in the possession of a "residence permit-national" and who seek a change of purpose for a "settlement permit" (Section 47 (4) and § 56 (3)),

4.

Third-country nationals and members of their families who are allowed to settle in Austria on a permanent basis without regard to the labour market (§ § 44 (1) and (46) (5)); and

5.

Third-country nationals who are in possession of a residence permit "permanent residence-EC" of another Member State and who come to work in a self-employed or self-employed activity or in the cases of § 49 (1) ,

in the calendar year for which the Regulation is to be adopted (quota year), at most may be granted. In doing so, the Federal Government has to ensure the development of an orderly labour market and, in the regulation on the establishment of the establishment, has to divide the residence permits to the countries in accordance with the possibilities and requirements of these countries.

(3) Before the establishment of the settlement regulation pursuant to para. 2 are the Austrian Chamber of Commerce, the Federal Chamber of Labour, the Conference of Presidents of the Austrian Chamber of Agriculture, the Austrian Association of Municipal States, the Austrian Association of Cities, the Austrian Federation of Trade Unions, the Austrian Association of Industrialists and the Austrian Economic Research Institute. Countries should be given the opportunity to make concrete proposals for the number of residence permits required in each country (paragraph 1). 2 (1) to (5)); the countries have the existing opportunities in education and health care, and-after consultation of the relevant municipalities-development in the housing market and-after consultation of the employers 'and employers' representatives ' interests and of workers at the national level, taking account of the situation and development of the labour market.

(4) The Federal Government also has to determine in the settlement regulation:

1.

the maximum number of employment permits for temporary employees (§ 5 AuslBG), with which the Federal Minister for Labour, Social Affairs and Consumer Protection with the Regulation a related entry and residence right according to § 24 FPG shall be allowed, and

2.

the maximum number of employment permits for harvest workers (§ 5 AuslBG), with which the Federal Minister for Labour, Social Affairs and Consumer Protection with a regulation may grant a related right of entry and residence in accordance with § 24 FPG.

(5) In the event of the establishment of the Regulation on the establishment of quotas, the Federal Government has to consider the situation and development of the labour market in respect of the types of quotas referred to in paragraphs 2 (2) and (3) and (5), to what extent the integration of the labour market should be considered as a priority. In the labour market, other foreign workers who are ready to work in the labour market can be allowed to work in an unselfemployed capacity. In this context, the Federal Government may designate third-country nationals resident in the EU who are to be given preferential treatment with regard to their advanced integration of family retreat. In addition, the Federal Government may designate groups of family members to whom, on the basis of certain circumstances, such as the imminent entry of compulsory schooling, the family retreat is to be given preferential treatment. "

38. In § 13, the previous paragraph 7 is deleted and the previous paragraphs 8 and 9 are given the sales denominations. "(7)" and "(8)".

39. § § 14 to 15 together with headings are:

" Integration Agreement

§ 14. (1) The integration agreement is for the integration of third-country nationals legally established in the territory of the Federal Republic of Germany (Article 2 (2)). It aims to acquire in-depth knowledge of the German language in order to enable the third-country national to participate in social, economic and cultural life in Austria.

(2) The integration agreement consists of two modules which are based on each other:

1.

the module 1 serves the purpose of acquiring knowledge of the German language for in-depth basic language use;

2.

the module 2 serves to acquire knowledge of the German language for independent language use.

(3) The provisions relating to the contents of modules 1 and 2 of the integration agreement must be laid down by the Federal Minister for the Interior by Regulation.

Module 1 of the integration agreement

§ 14a. (1) Third-country nationals shall be obliged to fulfil Module 1 of the Integration Agreement with the first issue of a residence permit in accordance with Section 8 (1) Z 1, 2, 4, 5, 6 or 8. This obligation is demonstrably to be brought to the attention of the third-country national.

(2) The obligation to fulfil obligations laid down in paragraph 1 shall be required to comply with the obligations of third country nationals within two years from the first issue of the residence permit referred to in Article 8 (1) Z 1, 2, 4, 5, 6 or 8. The period of the obligation to refill may be extended upon request, on request, with reference to the personal circumstances of the third-country national. This extension shall not exceed the duration of twelve months; it shall inhibit the passage of time limits in accordance with § 15.

(3) For the duration of five years from the expiry of the validity of the last-granted residence permit pursuant to § 8 (1) Z 1, 2, 4, 5, 6 or 8, periods of duty already consumed shall be the period of the obligation to fill in accordance with paragraph 2. .

(4) Module 1 of the Integration Agreement shall be fulfilled if the third-country national

1.

attended a German integration course and presented a proof of the Austrian Integration Fund on the successful completion of the German integration course,

2.

submit a generally accepted proof of sufficient knowledge of German according to § 14 paragraph 2 Z 1,

3.

has a school degree that is the general university entrance qualification within the meaning of § 64 (1) of the University Act 2002, BGBl. I n ° 120, or corresponds to the completion of an intermediate vocational training school; or

4.

has a residence permit "Red-White-Red-Card" in accordance with section 41 (1) or (2).

Module 2 (§ 14b) contains module 1.

(5) In the absence of the obligation to fill in accordance with paragraph 1, third country nationals shall be:

1.

by the end of the period of the obligation to comply (para. 2) shall be unmutable;

2.

which, because of their physical or mental health status, cannot be satisfied; the third-country national must demonstrate this by means of an official medical opinion;

3.

if they declare in writing that their stay shall not exceed the period of twelve months within two years; this declaration shall include the waiver of the position of an extension request.

(6) More detailed provisions concerning the implementation of German integration courses and the proof of the Austrian Integration Fund concerning the successful completion of the German integration course pursuant to section 4 (1) (1) as well as the evidence in accordance with paragraph 4 (2) (2) the Federal Minister of the Interior has to lay down the regulation.

(7) The Authority may, on its own account, find that, despite the successful completion of a German integration course in accordance with paragraph 4 (1) (1) or despite the existence of a proof pursuant to paragraph 4 (4) (2) of the third-country national, the module 1 of the Integration agreement has not been fulfilled in the absence of required knowledge pursuant to § 14 paragraph 2 Z 1.

Module 2 of the integration agreement

§ 14b. (1) Third-country nationals must have complied with Module 2 of the Integration Agreement with the status of an application for a residence permit in accordance with § § 45 or 48 of the Agreement.

(2) Module 2 of the Integration Agreement shall be fulfilled if the third-country national

1.

Submit proof of the Austrian Integration Fund for sufficient knowledge of German according to § 14 sec. 2 Z 2,

2.

submit a generally accepted proof of sufficient knowledge of German according to § 14 (2) (2) (2) (2),

3.

is a primary school (§ 3 para. 3 of the German School Organization Act, BGBl. No 242/1962), or visited the previous semester,

4.

is a minor and, within the framework of the general compulsory education, visits a secondary school (§ 3 para. 4 of the School Organization Act) and the positive assessment in the subject matter of the subject "German" by the last year's annual certificate or the last issue of the school message,

5.

A minimum of five years ' visit to a compulsory school in Austria and the teaching subject "German" has successfully completed or the teaching subject "German" is at the level of the 9. School level has been positive,

6.

a positive degree in the subject "German" at a foreign school in which the German language is taught as a subject at least at the level of the 9. School level of an Austrian compulsory school is taught or

7.

about a teaching qualification exam in accordance with the Vocational Training Act, BGBl. No. 142/1969.

(3) (1) does not apply to third-country nationals;

1.

which are minors at the time of application and are not yet subject to general compulsory education;

2.

which, because of their physical or mental health status, cannot be expected to be fulfilled; the third-country national must demonstrate this by means of an official medical opinion.

(4) The Federal Minister of the Interior has to lay down more detailed rules on the evidence provided for in paragraphs 2 (1) and 2 (2) of this Regulation.

(5) The Authority may, on its own account, find that, despite the existence of proof pursuant to paragraph 2 (1), (2) or (6) of the third-country nationals, Module 2 of the Integration Agreement does not lack the necessary knowledge pursuant to § 14 (2) (2) (2) (2) (2) has been fulfilled.

Cost-sharing

§ 15. (1) Family members pursuant to § 47 (2) and family members of third-country nationals in the cases of § 46 (1), (3) and (4) shall replace 50% of the costs of a German integration course in accordance with Section 14a (4) (1) of the German Integration Course, provided that this is not the case at the latest. has been successfully completed within 18 months after the family member has been required to comply with the requirements.

(2) The Federal Minister of the Interior, in agreement with the Federal Minister for Finance, is authorized to lay down, by means of a regulation, the maximum rate to be replaced by the Federal Government pursuant to paragraph 1 above. The maximum rate has to be based on the costs of the German integration courses available. "

40. § 16 (1) reads:

" (1) The offered German integration courses have in any case deepened elementary knowledge of the German language for communication and reading of everyday texts as well as themes of everyday life with civic elements and topics on the subject of to include European and democratic values in order to enable the third-country nationals to participate in social, economic and cultural life in Austria. "

41. In § 16 (2), after the word "Each" the phrase "up to" inserted.

42. In § 16 (5), after the quote " 1 " the phrase 'or of the Regulation adopted pursuant to paragraph 4 of this Article' and the following second sentence shall be added:

"After a withdrawal of the certification, a new certification is permissible at the earliest after the expiry of six months."

43. In § 17, the following paragraph 1 is inserted after paragraph 1:

"(1a) The Authority may conduct orientation discussions with the third-country national, identify specific integration requirements and recommend concrete steps to improve integration."

44. § 18 together with the headline is:

" Integration Advisory Council

§ 18. (1) The Integration Advisory Council shall exchange views on matters of general interest relevant to integration and on recommendations of the Expert Council on Integration and advice on the implementation of these recommendations.

(2) The members of the Integration Advisory Board shall be appointed by the Federal Minister of the Interior for a functional period of five years. Members shall perform their duties on a voluntary basis and shall be subject to the obligation to respect official secrecy. The Integration Advisory Council shall be

1.

A representative of the Federal Ministry of the Interior as well as a representative of the Federal Ministries dealing with integration issues on a proposal from the respective Federal Minister;

2.

a representative on a proposal from each of the federal states;

3.

A representative on a proposal from the Austrian Association of Municipal Debates and the Austrian Association of Cities;

4.

one representative on a proposal from the Federal Chamber of Labour, the Austrian Chamber of Commerce, the Austrian Trade Union Confederation, the Association of the Austrian Industry and the Conference of Presidents of the Austrian Chambers of Agriculture;

5.

a representative of the Austrian Integration Fund, as well as one representative of five exclusively humanitarian or ecclesiastic bodies designated by the Federal Minister of the Interior, who dedicate themselves in particular to integration.

(3) The representative of the Austrian Integration Fund shall be chaired by the Integration Advisory Council.

(4) The Federal Minister of the Interior shall make available to the Integration Advisory Council the necessary personnel and material requirements to cope with the administrative work. The Integration Advisory Council shall adopt its rules of procedure. "

45. In § 19 (2), the second sentence reads:

" A request from which various residency purposes arise, the simultaneous posts of several applications and the submission of further applications during a pending procedure under this Federal Act, including those in the case of the Federal Republic of Germany, shall not be admissible. Courts of public law. "

46. In Section 20 (1), the phrase "the period of validity of the travel document" through the phrase "the travel document" replaced.

47. According to Article 20 (1), the following paragraph 1a is inserted:

" (1a) The residence permit referred to in Article 8 (1) (2), (4), (5), (6) or (8) shall be issued for a period of three years, if the foreign person is

1.

Module 1 of the integration agreement (§ 14a) has been fulfilled; and

2.

was legally established legally in the federal territory over the last two years,

unless a shorter duration of the residence permit has been requested, or the travel document does not have the appropriate period of validity. "

48. According to Article 20 (4), the following paragraph 4a is inserted:

'(4a) By way of derogation from the first sentence of paragraph 4, the residence permit' permanent residence-EC ', which has been issued to a holder of a' Blue Card EU ' residence permit or to members of his/her family, shall not be issued unless the foreign person is longer than 24 years old the following months outside the EEA territory. '

49. In Section 21, Section 2, Z 5, the word shall be: "View-free" by the word "visumfree" replaced.

50. In § 21 (2), in Z 5 the turn " , and " by a stroke point and in Z 6 the point is replaced by a stroke, and the following Z 7 and 8 are added:

" 7.

Third-country nationals applying for a residence permit "Red-White-Red-Card" in accordance with § 41 (1) during their legal stay in the federal territory with a visa according to § 24a FPG and

8.

Third-country nationals applying for a residence permit "Red-White-Red-Card" in accordance with section 41 (2) Z 3 during their legal stay in the Federal territory with a confirmation pursuant to § 64 (4). "

51. In § 21 (6) the quote becomes " 2 Z 1 and Z 4 to 6, para. 3 and 5 " by quoting " 2 Z 1 and Z 4 to 8, para. 3 and 5 " replaced.

52. In accordance with § 21, the following § 21a and heading is inserted:

" Proof of German language skills

§ 21a. (1) Third-country nationals must demonstrate knowledge of the German language with the status of an initial application for a residence permit in accordance with § 8 (1) Z 2, 4, 5, 6 or 8. Such proof shall be made by means of a generally recognised language diploma or certificate of a body defined by the Regulation referred to in paragraph 6 or 7, in which it confirms in writing that the third-country national shall be informed of: Knowledge of the German language at least for elementary language use at the simplest level. The language diploma or certificate may not be older than one year at the time of submission.

(2) Paragraph 1 shall also apply to third-country nationals who submit an application for the first-time issue of a residence permit in accordance with § 8 (1) Z 2, 4, 5, 6 or 8 in the course of a procedure pursuant to § 24 (4) or § 26.

(3) The proof shall also be deemed to be provided if the conditions for the performance of Module 1 or 2 of the Integration Agreement (§ § 14a and 14b) are fulfilled.

(4) (1) does not apply to third-country nationals;

1.

which are unempowered at the time the application is submitted,

2.

which, because of their physical or mental health status, cannot be attributed to the provision of the proof; this is the case of the third-country national through an official medical opinion or an expert opinion of a doctor of confidence of a to prove to the Austrian professional representative authority, or

3.

the family members of the holders of a residence permit pursuant to Sections 41 (1), 42 or 45 (1) thereof, the latter having originally held a residence permit "Blue Card EU", the latter being the first to be the subject of the association.

(5) The Authority may, on the basis of a reasoned request from third-country nationals legally resident in the Federal Republic of Germany and eligible for domestic application in accordance with Article 21 (2) of this Regulation, look at the evidence provided for in paragraph 1 above:

1.

in the case of an unaccompanied minor (Article 2 (1) (17)) on the protection of the child's interest, or

2.

on the maintenance of private and family life within the meaning of Article 8 of the ECHR (Section 11 (3)).

The position of such an application shall be admissible only until the date of the first instance of the first instance. The third-country national must be lecturing on this circumstance; Section 13 (3) of the AVG shall apply.

(6) By means of a regulation of the Federal Minister of the Interior, those bodies must be determined whose language diplomas and certificates are to be considered as proof in accordance with paragraph 1.

(7) The Federal Minister for European and International Affairs may, in agreement with the Federal Minister of the Interior for the local area of action of an Austrian professional representative office abroad, by means of a regulation, also other than the bodies referred to in the Regulation referred to in paragraph 6, whose language diplomas and certificates are to be regarded as proof in accordance with paragraph 1, where such bodies have comparable standards with the bodies referred to in the Regulation referred to in paragraph 6 . Such regulations shall be made known by the attack on the official board of the relevant professional representative office and shall be valid for the period of one year from the date of the customer ' s notice. "

53. In § 22 (2), the word order shall be "the requirement of section 19 (1)" through the phrase "the requirements of § § 19 (1) and (21a) (1)" replaced.

54. In § 24 (1) the word "View-free" by the word "visumfree" replaced.

Section 24 (3) reads as follows:

"(3) In the context of an extension procedure, strangers shall be granted a residence permit with the same purpose of residence, if the conditions for the same are still available."

56. In Section 25 (1), the parenthesis shall be "(Article 11 (1) and (2))" through the phrase "pursuant to § 11 (1) and (2)" and the parenthesis "(§ 66 FPG)" by the parenthesis expression "(§ 61 FPG)" replaced.

57. The following last sentence is added to Article 25 (2):

"If a residence permit is inadmissible, the authority shall issue a residence permit with the same purpose."

Section 25 (3) reads as follows:

"(3) absence in a procedure for the extension of a residence permit special grant conditions of the second part, the Authority shall have to dismiss the application without further ado."

59. The title of § 27 reads as follows:

"Right of establishment of family members"

60. In § 27 (1) the word order shall be "a settlement permit" through the phrase "A residence permit pursuant to § 8 (1) Z 2, 4, 5 and 8" replaced.

61. In § 27 (1) and (2), the word order shall be "to issue a settlement permit, the" through the phrase "to issue a residence permit, the" replaced.

62. In § 27 (3) (3), the word order shall be "the residence permit" through the phrase "the residence permit" replaced.

63. In § 27 (4) the word order shall be "In order to safeguard these rights, the family member has" through the phrase "The family member has" is replaced by the second sentence.

64. § 28 (1) reads:

"(1) Lets against a holder of a residence permit" permanent residence-EC "(§ 45) or" permanent residence-family member " (§ 48) the requirements of § 64 FPG for the release of a expulsion or the conditions of § 63 FPG for the However, if a ban on residence is issued, these measures cannot be imposed for the purposes of Article 61 of the FPG, the Authority shall be informed of the end of the indefinite right of establishment, and shall be informed of its own motion by the Authority. a temporary residence permit "Red-White-Red-Card plus" issue (reclassification). "

65. In Section 28 (5), the quote shall be "§ 27 (2) or (3)" by quoting "§ 27 (1) to (3)" replaced.

66. In accordance with Section 28 (5), the following paragraph 6 is added:

"(6) The residence permit according to § § 41 and 42 shall also be withdrawn if the regional office of the Labour Market Service informs the Authority that the conditions in question are no longer available in accordance with § § 12 to 12c AuslBG."

67. In § 38 (4), the following last sentence is added:

"In cases of Article 27 (3) of the Directive on the Free Movement of Persons, the transmission shall take place within two months."

68. The 1. The main part of the second part is:

"Residence title" Red-White-Red-Map "

§ 41. (1) A residence permit "Red-White-Red-Card" may be issued in the territory of third-country nationals resident in the territory of the Federal Republic of Germany if they are satisfied with the conditions of the 1. Part and a written communication from the regional office of the Labour Market Service pursuant to § 12d (1) of the German Federal Employment Service (AuslBG) is available.

(2) Third-country nationals may be granted a "Red-White-Red-Card" residence permit if they are satisfied with the conditions of the 1. Fulfill Part and

1.

A written communication from the regional office of the Labour Market Service pursuant to § 12d paragraph 2 Z 1 AuslBG,

2.

A written communication from the regional office of the Labour Market Service pursuant to § 12d paragraph 2 Z 2 AuslBG,

3.

A written notice from the regional office of the Labour Market Service pursuant to § 12d paragraph 2 Z 3 AuslBG, or

4.

An expert opinion from the State Office of the Labour Market Service in accordance with § 24 AuslBG

is available.

(3) Decisions concerning the issuing of a residence permit "Red-White-Red-Card" shall be taken by the competent establishment and residence authority and the competent authority in accordance with § § 12d or 24 AuslBG without delay, but at the latest within eight weeks. from the application of the application, to be taken. A written notice from the regional office or an expert opinion from the National Office of the Labour Market Service shall be issued if the application is submitted.

1.

must be rejected or dismissed due to a lack of form or absence of a condition pursuant to § § 19 to 24; or

2.

because of compelling obstacles to grant (Section 11 (1)).

(4) In the case of the negative decision of the regional office of the Labour Market Service on the admission in the cases of § 12d AuslBG in legal force, the procedure is to be adjusted without further ado. If the opinion of the State Secretariat of the Labour Market Service is negative in a procedure on the application for admission in the case of § 24 AuslBG, the application is to be dismissed without further ado.

Residence permit "Rot-Weiß-Rot-Karte plus"

§ 41a. (1) Third-country nationals may be granted a residence permit "Red-White-Red-Card plus" in a procedure in accordance with Article 24 (4) if:

1.

they already have twelve months of residence permit in accordance with section 41 (1) or (2),

2.

they have the conditions of 1. Fulfill Part and

3.

a communication pursuant to § 12d (5) (1) (1) of the AuslBG.

(2) Third-country nationals may be granted a residence permit "Red-White-Red-Card plus" in a procedure in accordance with Article 24 (4) if:

1.

they already have two years of residence permit in accordance with § 42,

2.

they have the conditions of 1. Fulfill Part and

3.

A communication pursuant to § 12d (5) Z 2 AuslBG is available.

(3) Third-country nationals may be granted a residence permit "Red-White-Red-Card plus" in a procedure in accordance with § 24 (4) or (26) if they are

1.

the conditions of the 1. the part,

2.

comply with Module 1 of the Integration Agreement (§ 14a); and

3.

have at least twelve months on a residence permit in accordance with § 69a and the conditions of § 69a continue to exist.

If the third-country national has had a residence permit in accordance with § 69a in the last three years, the conditions of § 69a may not be fulfilled.

(4) Third-country nationals may be granted a residence permit "Red-White-Red-Card plus" in a procedure in accordance with § 24 (4) or (26) if they are

1.

the conditions of the 1. Fulfill Part and

2.

have at least two years of a residence permit in accordance with § 67.

(5) The residence permit "Red-White-Red-Card plus" shall be issued to third-country nationals in the event of a reclassification in accordance with § 28, if the conditions of the 1. Parts are fulfilled.

(6) Third-country nationals may be granted a "Red-White-Red-Card plus" residence permit if:

1.

the conditions of the 1. Fulfill Part and

2.

have a residence permit pursuant to § 45 and have been granted a residence permit pursuant to § 20 (4) or (4a).

(7) In the case of third-country nationals residing in the territory of the Federal Republic of Germany, a residence permit entitled "Red-White-Red-Card plus" may be issued upon application to be submitted to the local authority in the territory of the Federal Republic of Germany if:

1.

the conditions of the 1. Part,

2.

comply with Module 1 of the Integration Agreement (§ 14a); and

3.

have for at least five years been granted a residence permit as subsidiary protection authority (Section 8 (4) of the Asylum Act 2005).

(8) A residence permit "Red-White-Red-Card plus" shall be issued on request in the territory of third-country nationals residing in the territory of the Federal Republic of Germany if a case of Section 59 (2) of the StbG is available and a residence permit entitled "Permanent residence-EC" or "permanent residence-family member" (§ § 45 (10) or 48 (4)) is not to be granted.

(9) In the case of third-country nationals residing in the territory of the Federal Republic of Germany (§ 44a) or on a reasoned request (§ 44b), which is to be submitted to the local authority in the territory of the country, a residence permit entitled "Red-White-Red-Card plus" shall be issued if the applicant is to be present in the territory of the Federal Republic of Germany.

1.

there is no obstacle to grant pursuant to Article 11 (1) (1), (2) or (4),

2.

this is required in accordance with Article 11 (3) for the maintenance of private and family life within the meaning of Article 8 of the ECHR and

3.

the third-country national has complied with Module 1 of the Integration Agreement (§ 14a) or is engaged in gainful employment at the time when the decision is taken.

(10) In spite of the existence of a grant obstacle pursuant to Article 11 (1) (3) or (5), third-country nationals residing in the territory of the Federal Republic of Germany may, in particular cases worthy of consideration, request a reasoned request from the local authority in the territory of the Federal Republic of Germany. , a residence permit "Red-White-Red-Card plus" shall be issued if:

1.

the third-country national has been demonstrably resident in the territory of the Federal Republic of Germany since 1 May 2004,

2.

at least half of the period of the established continuous stay in the territory of the Federal Republic of Germany has been legal and

3.

the third-country national has complied with Module 1 of the Integration Agreement (§ 14a) or is engaged in gainful employment at the time when the decision is taken.

The Authority shall take account of the degree of integration of third-country nationals, in particular the ability to self-preservation, education and training and the type and duration of employment. The proof of one or more requirements of § 11 paragraph 2 Z 2 to 4 can also be provided by submitting a declaration of sponsorship (§ 2 para. 1 Z 18). With regard to the requirements laid down in Article 11 (2) (1) and (5), including foreign police measures, the Authority shall immediately deliver a reasoned opinion from the competent authority of the competent authority. Security directorate. Until such an opinion has been received by the Authority, the expiry of the time limits laid down in Articles 74 and 73 of the AVG shall be hammered out. An application which has already been finalised by a final decision (subsequent application) is to be rejected as inadmissible if a significant change in the facts of the case does not come about from the reasoned submission.

(11) Applications in accordance with paragraph 10 shall not constitute a residence or a right of residence under this Federal Act. However, pending the final decision of the Authority on such a request, the competent tourist authority shall have to wait for the expulsion of the expulsion order to be expelled if:

1.

a procedure for the authorisation of expulsion has been initiated only after an application has been submitted in accordance with paragraph 10, and

2.

the granting of a residence permit "Red-White-Red-Card plus" in accordance with paragraph 10 is probable, for which the requirements of paragraph 10 (1), (2) and (3) are in any case to be met.

With regard to the condition of the requirements of Z 2, the competent authority shall, before carrying out the deportation, obtain a reasoned opinion from the Authority.

Residence permit "Blue Card EU"

§ 42. (1) Third country nationals shall be granted a residence permit 'Blue Card EU' if:

1.

they have the conditions of 1. Part with the exception of section 11 (2) (2) (2) and (4) and

2.

A written communication from the regional office of the Labour Market Service pursuant to § 12d paragraph 2 Z 4 AuslBG is available.

(2) Decisions concerning the issuing of a "Blue Card EU" residence permit shall, moreover, be taken without delay by the competent establishment and residence authority and by the competent authority in accordance with Section 12d (2) of the AuslBG, but at the latest within eight weeks to meet. A written notice from the regional office of the Labour Market Service shall be issued if the request is made

1.

must be rejected or dismissed due to a lack of form or absence of a condition pursuant to § § 19 to 24; or

2.

because of compelling obstacles to grant (Section 11 (1)).

(3) In the case of the negative decision of the regional office of the Labour Market Service in accordance with Section 12d (2) of the AuslBG on admission to employment as a key force in legal force, the procedure shall be adjusted without further ado.

(4) The residence permit "Blue Card EU" shall be issued for a period of two years, unless the employment contract has a shorter duration. In such cases, the residence permit shall be issued for a period of three months beyond the duration of the employment contract.

"Establishment authorisation"

§ 43. (1) Third-country nationals who have a residence permit in accordance with Article 41 (1) or (2) may be granted a "settlement permit" if they

1.

the conditions of the 1. the part,

2.

have carried out an activity in accordance with § § 12 bis 12b or § 24 AuslBG in the last 12 months and are to be exercised further or have an authority after the AuslBG.

(2) Third-country nationals who have a right of establishment under a legislative act of the European Union may be granted a "residence permit" for the purpose of pursuing an activity in a self-employed capacity, provided that they fulfil the conditions laid down in of 1. Part.

(3) In the territory of a third country national residing in the territory of the Federal Republic of Germany, a "settlement permit" shall be issued by the Office of the State (§ 44a) or on a reasoned request (§ 44b), which is to be submitted to the local authority in the territory of the country, if:

1.

there is no obstacle to grant pursuant to Section 11 (1) (1), (2) or (4), and

2.

this is required in accordance with § 11 (3) for the maintenance of private and family life within the meaning of Art. 8 ECHR.

(4) In spite of the existence of a grant obstacle pursuant to Article 11 (1) (3) or (5), third-country nationals residing in the territory of the Federal Republic of Germany may, in particular cases worthy of consideration, request a reasoned request from the local authority in the territory of the Federal Republic of Germany. , a "settlement authorisation" shall be issued if:

1.

the third-country national has been verifiably resident in the territory of the Federal Republic of Germany since 1 May 2004, and

2.

at least half the period of the established continuous stay in the territory of the Federal Republic of Germany has been lawful.

The Authority shall take account of the degree of integration of the third-country national, in particular the ability to self-preservation, education and training, employment and knowledge of the German language. The proof of one or more requirements of § 11 paragraph 2 Z 2 to 4 can also be provided by submitting a declaration of sponsorship (§ 2 para. 1 Z 18). With regard to the requirements laid down in Article 11 (2) (1) and (5), including foreign police measures, the Authority shall immediately deliver a reasoned opinion from the competent authority of the competent authority. Security directorate. Until such an opinion has been received by the Authority, the expiry of the time limits laid down in Articles 74 and 73 of the AVG shall be hammered out. An application which has already been finalised by a final decision (subsequent application) is to be rejected as inadmissible if a significant change in the facts of the case does not come about from the reasoned submission.

(5) Applications referred to in paragraph 4 shall not constitute a residence or a right of residence under this Federal Act. However, pending the final decision of the Authority on such a request, the competent tourist authority shall have to wait for the expulsion of the expulsion order to be expelled if:

1.

a procedure for the authorisation of expulsion has been initiated only after an application has been submitted in accordance with paragraph 4, and

2.

the granting of a "settlement permit" in accordance with paragraph 4 is probable, for which the conditions laid down in paragraph 4 (1) and (2) are to be met in any case.

With regard to the condition of the requirements of Z 2, the competent authority shall, before carrying out the deportation, obtain a reasoned opinion from the Authority.

"Settlement authorisation-excluding gainful employment"

§ 44. (1) Third-country nationals may be granted a "residence permit-excluding gainful activity" if:

1.

they have the conditions of 1. the part,

2.

there is a quota place and

3.

whose fixed and regular monthly income corresponds to the level after the double of the indicative rates of § 293 ASVG.

(2) Third-country nationals who have been the holders of privileges and immunities (Article 95 of the FPG) may be granted a "residence permit-other than gainful activity" if it is

1.

the conditions of the 1. Fulfill Part and

2.

have been retired.

Specific procedural provisions

§ 44a. (1) The Authority shall issue a residence permit pursuant to § § 41a (9) or 43 (3) of its own motion if an expulsion of the third-country national in accordance with § 10 Asylum Act 2005 or a return decision in accordance with § 52 FPG or an expulsion pursuant to § 66 FPG has been declared inadmissible in the long term on the basis of § 61 FPG. § 73 AVG applies. The time limit laid down in § 73 (1) AVG shall begin with the notification of the decision to be sent to the Authority pursuant to Section 22 (9) of the Asylum Act 2005 or Article 105 (7) of the FPG.

(2) Applications for the granting of a residence permit pursuant to § 41a (9) or (10) and § 43 (3) or (4) in a procedure pursuant to § 24 (4) or (§ 26) shall be inadmissible.

§ 44b. (1) If there is no case in § 44a (1), applications in accordance with § § 41a (9) or 43 (3) shall be rejected as inadmissible if:

1.

The applicant has been given a final decision against the applicant, or

2.

It has been legally established that a return decision pursuant to § 52 FPG or an expulsion pursuant to § 66 FPG is only temporarily inadmissible pursuant to § 61 FPG or an expulsion pursuant to § 10 Asylum Act 2005, or

3.

the Security Directorate after a referral pursuant to paragraph 2 in its assessment found that a return decision in accordance with § 52 FPG or an expulsion pursuant to § 66 FPG is admissible or in each case only temporarily inadmissible on the basis of § 61 FPG is,

, and from the reasoned application for consideration of private and family life in accordance with § 11 (3), there is no significant change in the facts of the case.

(2) If there is no case of paragraph 1 (1) or (2), the Authority shall forthwith inform the Security Directorate of the competent authority of the competent authority of an application in accordance with § § 41a (9) or (43) (3) and a reasoned opinion on foreign police measures, in particular whether they are only temporary or inadmissible in the long term. Until the reasoned opinion of the Security Directorate has been received, the expiry of the time limit pursuant to Section 73 (1) of the AVG (AVG) has been hammered. If a residence is terminated in legal force, the procedure for issuing the residence permit shall be stopped in a formless form. The procedure shall be continued in the event of a termination of a residence at the request of the stranger if a measure to end the stay is not renewed. In addition, § 11 para. 1 Z 1 applies.

(3) Applications pursuant to § § 41a (9) or 43 (3) shall not constitute a residence or a right of residence under this Federal Act. Likewise, they do not oppose the release and conduct of foreign police measures and can therefore not have a suspensive effect in foreign police proceedings.

(4) An application which has already been finalised by a court of law shall be rejected as inadmissible pursuant to § § 41a (9) or 43 (3) (subsequent application) if the reasoned submission of the application for the purpose of taking the application into account is not Private and family life in accordance with Section 11 (3) does not come up with a significantly changed situation.

Residence permit "Permanent residence-EC"

§ 45. (1) A residence permit entitled "Permanent residence-EC" may be issued to third-country nationals who have been entitled to establishment in the last five years without interruption if they

1.

the conditions of the 1. Fulfill Part and

2.

Module 2 of the Integration Agreement (§ 14b).

(2) A third country national entitled to establish a subsidiary is the time of a immediately preceding legal residence in the Federal Republic of Germany by reason of a residence permit (Section 8 (1) (10)) or a residence permit as subsidiary protection authority (Section 8 (4) of the Asylum Act 2005), half of which is to be applied to the five-year period referred to in paragraph 1.

(3) After two years of uninterrupted establishment of a holder of a "Blue Card EU" residence permit in accordance with Section 50a (1), his prior residence in another Member State with a residence permit " Blaue Map EU " of this Member State to be applied to the five-year period referred to in paragraph 1.

(4) The five-year period referred to in paragraph 1 shall be interrupted if, within that period, the third-country national has been staying for more than ten months or more than six months in total outside the territory of the Federal Republic. In such cases, the period shall begin to run again from the date of the last lawful entry.

By way of derogation from paragraph 4, in the case of holders of a "EU Blue Card" residence permit, the five-year period referred to in paragraph 1 shall not be interrupted until the third country national is more than 18 months or more throughout that period than in the case of a residence permit. 12 months outside the EEA territory. In such cases, the period shall begin to run again from the date of the last lawful entry.

(6) For reasons worthy of particular consideration, such as a serious illness, the fulfilment of a social obligation or the performance of a service comparable to that of compulsory military service, the third-country national may: during the five-year period up to 24 months outside the territory of the Federal Republic of Germany, without interrupting it, if it has been shown to inform the Authority that it has done so.

(7) Weiters shall not be interrupted for the five-year period if the third-country national is staying outside the territory of the Federal Republic in the course of his professional activities, in particular for the cross-border provision of services.

(8) If an understanding of the Federal Asylamtes or the Asylum Court is in accordance with Section 7 (3) Asylum Act 2005 , a residence permit entitled "Permanent residence-EC" shall be issued by the person concerned on its own account, unless there is a case of § § 47 or 48; in this case, he is entitled to a residence permit "permanent residence-family member" (§ 48) of To issue amts. Such acts shall not be subject to the obligation to pay. The Bundesasylamt or the Asylum Court must be notified of the legally binding issue of the residence permit.

(9) If a case of Section 41a (6) is present, the five-year period shall be reduced to 30 months in accordance with paragraph 1.

(10) In the case of third-country nationals residing in the territory of the Federal Republic of Germany, a residence permit "permanent residence-EC" shall be issued on request without further ado if a case of § 59 (2) of the StbG is available and if they have been entitled to establish a place of business in the last five years.

(11) Paragraph 1 shall also apply to third-country nationals who have been granted the right of residence throughout the Union for the last five years without interruption, despite the loss of that right of residence.

Provisions on family reunification

§ 46. (1) Members of the family of third country nationals shall be granted a residence permit entitled 'Red-and-white-red-card plus' if they satisfy the requirements of the 1. the part, and

1.

the merging person holds a "Red-White-Red-Card" residence permit in accordance with § 41 or a residence permit entitled "Red-White-Red-Card plus" pursuant to Article 41a (1) or (4), or

2.

there is a quota place and the merging

a)

a residence permit entitled "Permanent residence-EC";

b)

a residence permit entitled 'Red-and-white-red-card plus', with the exception of such a residence permit in accordance with Section 41a (1) or (4); or

c)

Asylum seekers and § 34 (2) Asylum Act 2005 shall not apply.

(2) If a residence permit is to be issued in a quota-free way in the case of family reunification pursuant to paragraph 1 (1) (2) or (4), the Authority shall also decide on a separate application as a preliminary question for the examination of the grounds pursuant to Article 11 (3); and shall be rejected separately if the application is not taken into account. Such a request shall be admissible only if, at the same time, an application on the main question is tabled on family reunification or if such a request is already pending.

(3) Members of the family of holders of a "Blue Card EU" residence permit may be issued a "Red-White-Red-Card plus" residence permit if they meet the requirements of the 1. Part. The same applies if the holder of a residence permit originally had a residence permit "Blue Card EU". For members of the family of holders of a "Blue Card EU" residence permit, the period of validity of the residence permit shall be the "Red-White-Red-Card plus" residence permit after the date of validity of the applicant's residence permit.

(4) Members of the family of third-country nationals shall be granted a "residence permit" if:

1.

they have the conditions of 1. the part,

2.

there is a quota place and

3.

the applicant holds a "residence permit" or a "residence permit-a member of the branch".

(5) Members of the family of third-country nationals in accordance with § § 43 (2) or (44) may be granted a "residence permit-other than gainful employment" if:

1.

they have the conditions of 1. Fulfill Part and

2.

in the case of family members of third-country nationals within the meaning of section 44 (1), there is a quota place. '

69. The second main part of the second part is:

"residence permit" family member "and" residence permit-member of the family "

§ 47. (1) Merging persons within the meaning of para. 2 to 4 are Austrians or EEA citizens or Swiss citizens who are permanently resident in Austria and do not have their Union law or the EC-Switzerland free movement agreement. The right of residence of more than three months has been used.

(2) Third-country nationals who are members of the family of members of the family shall be entitled to a residence permit "family member" if they meet the requirements of the 1. Part.

(3) Members of the applicant may, on request, be granted a "residence permit-national" if they meet the requirements of the 1. Fulfill Part and

1.

Relatives of the applicant, his spouse or registered partner are in a straight ascending line, provided that they are actually subject to such a maintenance,

2.

are partners who demonstrate the existence of a permanent relationship in the country of origin and actually support them, or

3.

other members of the confederation,

a)

which have already been subject to maintenance by the applicant in the country of origin,

b)

who have already lived with the applicant in the home state in the home community, or

c)

in which serious health reasons make personal care compulsory by the merging person.

Without prejudice to its own resources, the merging person shall also have to make a declaration of liability.

(4) Members of persons who have a "residence permit-member" (paragraph 2) 3), a "settlement permit" may be issued if:

1.

they have the conditions of 1. the part,

2.

there is a quota place and

3.

is an entitlement under the Foreigners Employment Act (AusländerEmployment).

Residence permit "permanent residence-family member"

§ 48. (1) Members of the family of confederation members within the meaning of Section 47 (1), who have already been entitled to establishment for five years, shall be entitled to a residence permit "permanent residence-family member" if they

1.

the conditions of the 1. the part,

2.

Module 2 of the Integration Agreement (§ 14b) has been fulfilled; and

3.

in the case of the spouse or registered partner, for at least two years, they have been living with the applicant in an upright marriage or a registered partnership.

(2) A third country national entitled to establish a subsidiary is the time of a immediately preceding legal residence in the Federal Republic of Germany by reason of a residence permit (Section 8 (1) (10)) or a residence permit as subsidiary protection authority (Section 8 (4) of the Asylum Act 2005), half of which is to be applied to the five-year period referred to in paragraph 1.

(3) With regard to the opening of the five-year period referred to in paragraph 1, § 45 (4), (6) and (7) shall apply.

(4) If a case of Section 41a (6) is present, the five-year period shall be reduced to 30 months in accordance with paragraph 1.

(5) On request, a residence permit "permanent residence-family member" shall be issued in the territory of third-country nationals residing in the territory of the Federal Republic of Germany in accordance with paragraph 1, if a case of Section 59 (2) of the StbG is present and for the last five years it has been The site was authorized.

(6) Paragraph 1 shall also apply to members of the family of persons who are members of the family within the meaning of Section 47 (1), who have, in the last five years, been granted the right of residence without interruption, a residence completion despite the loss of the latter. However, the right of residence is not possible. "

70. The 3. The main part of the second part with its headline is:

" 3. Main item

Establishment of long-term residents or highly qualified third-country nationals from other Member States and their family members

Third-country nationals with a residence permit entitled "Permanent residence-EC" of another Member State

§ 49. (1) Third-country nationals who have a residence permit entitled "Permanent residence-EC" of another Member State may be granted a "residence permit-excluding gainful activity" if:

1.

they have the conditions of 1. Fulfill Part and

2.

there is a quota place.

(2) Third-country nationals who have a residence permit entitled "Permanent residence-EC" of another Member State may be granted a "residence permit" for the purpose of pursuing an activity in a non-self-employed capacity, if:

1.

they have the conditions of 1. the part,

2.

there is a quota place and

3.

is an entitlement under the Foreigners Employment Act (AusländerEmployment).

(3) The third country national referred to in paragraph 2 may not, at the earliest after a period of twelve months, be granted a red-and-white card plus a red-white-red card, if:

1.

they have the conditions of 1. Fulfill Part and

2.

a communication pursuant to Section 17 (2) of the AuslBG is available.

(4) Third-country nationals who have a residence permit entitled "Permanent residence-EC" of another Member State may be granted a "residence permit" for a period of twelve months for the purpose of pursuing a self-employment activity, if

1.

they have the conditions of 1. Fulfill Part and

2.

there is a quota place.

(5) In the cases referred to in paragraphs 1, 2 and 4 above, the application shall be submitted within a period of three months from the date of entry. This application shall not be entitled to a stay lasting longer than three months from the date of entry into the Federal territory. In such cases, the Authority shall decide within a period of four months.

Family members of third-country nationals with a residence permit "Permanent residence-EC" of another Member State

§ 50. (1) Members of the family of third-country nationals who have a residence permit entitled "Permanent residence-EC" of another Member State may, in the cases of § 49 (1), be entitled to a "residence permit-excluding gainful employment" and in the cases of the § 49 (2) or (4) shall be granted a "settlement authorisation" if:

1.

they have the conditions of 1. Fulfill Part and

2.

in the case of the spouse or registered partner at the time of establishment, a marriage or registered partnership with the third-country national is established.

(2) In the cases referred to in paragraph 1, the application shall be submitted within a period of three months from the date of entry. This application shall not be entitled to a stay lasting longer than three months from the date of entry into the Federal territory. In such cases, the Authority shall decide within a period of four months.

Third-country nationals with a residence permit "Blue Card EU" of another Member State and their family members

§ 50a. (1) Third-country nationals who have held a residence permit "Blue Card EU" of another Member State for at least 18 months may be issued a "Blue Card EU" residence permit if the conditions set out in Section 42 (1) are fulfilled. . Section 42 (2) to (4) shall apply.

(2) Members of the family of holders of a "Blue Card EU" residence permit shall be entitled to issue a "Red-White-Red-Card plus" residence permit, if the conditions of the 1. They are satisfied that they have already been resident in the other Member State as the family members of the "Blue Card EU" residence permit holder. The period of validity of the residence permit "Red-White-Red-Card plus" depends on the period of validity of the residence permit of the confederation.

(3) Applications referred to in paragraphs 1 and 2 shall be submitted within a period of one month from the date of entry, provided that they are not brought abroad. The applicant is legally resident in the territory of the Federal Republic of Germany until the final decision on the application is legally binding. In such cases, the Authority shall decide within a period of four months. The application must be confirmed upon request. The Federal Minister of the Interior is authorized to determine the form and content of the confirmation by regulation. "

71. In the transcripts of the 4. The main part of the second part and the § 51 shall be the word "Community legal" by the word "Union legal action" replaced.

72. In Section 51 (3), the phrase "In order to safeguard its right, the EEA citizen" through the phrase "The EEA citizen has" replaces and eliminates the word sequence "but within one month at the latest," .

73. In Section 52 (1) (4), the word order shall be deleted "in the State of origin" .

74. In Section 54 (6), the phrase "In order to preserve his right of residence, the family member" through the phrase "The family has" replaces and eliminates the word sequence "but within one month at the latest," .

75. In Section 55 (3), the word order shall be "Public policy, public security or public health" through the phrase "Public Order or Security" replaced.

75a. In § 55, para. 4, the parenthesis shall be "(Section 86 (2) of the FPG)" by the parenthesis expression "(§ 66 FPG)" replaced.

76. In Section 55 (5), the phrase "a quota-free" establishment permit-unrestricted "" through the phrase "a residence permit" Red-White-Red-Card plus "quotenfrei" replaced.

76a. In Section 56 (2), the phrase in Z 1 shall be deleted. "in the State of origin" .

77. In Section 56 (3), the phrase " "Establishment authorisation-restricted" " through the phrase " "Establishment authorisation" " replaced.

78. § 64 (1) (2) reads:

" 2.

An ordinary or extraordinary study at a university, university of applied sciences, accredited private university, teacher training college, recognized private teacher education institution or a recognized private course or recognised university course, and in the case of a university course, it does not exclusively serve the teaching of a language. "

79. In § 64 (3), the phrase "A proof of success of the university, university of applied sciences or accredited private university" through the phrase " provides a proof of success at the University of Applied Sciences, University of Applied Sciences, accredited private university, teacher training college or recognized private university teacher education institution. The same applies when you visit a recognized private study course or a recognized private university course. " replaced.

80. The following paragraphs 4 to 6 are added to § 64:

" (4) Third-country nationals who have successfully completed a course of study in accordance with paragraph 1 Z 2 and are seeking to issue a residence permit in accordance with Section 41 (2) Z 3 may be confirmed once on a reasoned request that a further stay in the Federal territory is allowed for a period of six months for the purpose of seeking work, provided that the conditions of the 1. Part of the present invention. An ordinary appeal is not admissible against the decision of the Authority.

(5) Applications referred to in paragraph 4 shall be submitted before the expiry of the period of validity of the residence permit in accordance with paragraph 1 and shall not give rise to a residence or a right of residence pursuant to this Federal Act. Likewise, they do not oppose the release and conduct of foreign police measures and can therefore not have a suspensive effect in foreign police proceedings.

(6) More detailed provisions on the form, content and evidence to be provided for the confirmation in accordance with paragraph 4 shall be laid down by the Federal Minister of the Interior with a Regulation. "

81. In § 69a para. 1 Z 1 the quote "§ 46a Z 1 or 3 FPG" by quoting "§ 46a (1) (1) or (1a) FPG" replaced.

81a. The last sentence is deleted in Section 69a (2).

82. § 73 Z 1 reads:

" 1.

the granting of a residence permit in accordance with § § 41a (3) and (9) and 43 (3), "

83. § 73 Z 3 reads:

" 3.

Decisions concerning applications for a residence permit pursuant to § § 41a (10) and 43 (4) "

74. § 74 reads:

" § 74. The granting of a residence permit in accordance with § § 41a (10) and 43 (4) requires the approval of the Federal Minister of the Interior. Within two months, the Authority has justified these cases from the position of an application in accordance with § § 41a (10) or (43) (4) and shall send them in a decision-free form to the Federal Minister of the Interior. "

85. In § 75 (1) the word order shall be "of a" settlement permit-limited "in accordance with § 44 (4)" through the phrase "a residence permit in accordance with § § 41a (10) and 43 (4)" replaced.

85a. In Section 76 (3), the phrase "a settlement permit" through the phrase "a residence permit" and the phrase "the residence permit" through the phrase "the residence permit" replaced.

Section 77 (1) Z 3 reads as follows:

" 3.

is required to comply with Module 1 of the Integration Agreement and does not provide proof of proof two years after the residence permit has been issued under this Federal Act for reasons which are exclusively attributable to him, unless he has been awarded the residence permit. granted an extension pursuant to section 14a (2); "

87. In § 77 (1) Z 5, after the quote "§ 19 (11)," the citation "§ 27 (4)," inserted.

88. § 77 (2) (4) and (5) reads:

" 4.

Language diplomas or certificates according to § 21a , although he or she knows or should know that the third-country national does not have the knowledge required;

5.

Proof according to § 14a (4) (1) or (2) or § 14b (2) Z 1 or 2 , although he knows or should know that the third-country national does not have the knowledge required or "

(89) The following paragraphs 16 to 22 are added to § 81:

" (16) Before the entry into force of the Federal Law BGBl. 1, 3 and 4 shall apply within their term of validity and their validity as follows:

1.

"establishment permit-key force" as a residence permit "Red-White-Red-Card",

2.

"residence permit-unrestricted" as a residence permit "Red-White-Red-Card plus" and

3.

"Establishment permit-limited" as "settlement authorisation".

(17) Module 1 of the Integration Agreement according to § 14a is deemed to be fulfilled if the integration agreement according to § 14 in the version before the Federal Law BGBl is fulfilled. I No 38/2011 before the date of entry into force of the Federal Law BGBl. I n ° 38/2011 have been or have been excluded from the fulfilment of the Directive.

(18) Third-country nationals who are at the time of the entry into force of the Federal Law BGBl. I n ° 38/2011 for the implementation of the integration agreement according to § 14 in the version before the Federal Act BGBl. I n ° 38/2011, but have not yet fulfilled them, have the integration agreement in accordance with § 14 in the version before the Federal Act BGBl. I No 38/2011 by 30 June 2013, or within five years from the date of commencement of the obligation to comply, if that period ends before 30 June 2013.

(19) Third-country nationals who are at the time of the entry into force of the Federal Law BGBl. I n ° 38/2011 for the fulfilment of Module 1 of the Integration Agreement according to § 14 in the version before the Federal Act BGBl. I n ° 38/2011, but have not yet fulfilled this, have the integration agreement in accordance with § 14 in the version before the Federal Act BGBl. 38/2011 by 30 June 2014, or within five years from the date of completion of the obligation to comply, if this period ends before 30 June 2014, with the proviso that the fulfilment of the integration agreement in accordance with § 14 (5) (1) (1) (1) of the version before the Federal Law BGBl. I n ° 38/2011 to 30 June 2012.

(20) A fulfilment of the integration agreement in accordance with paragraph 18 or 19 shall be deemed to be the fulfillment of Module 1 of the Integration Agreement according to § 14a. Failure to comply with the integration agreement in accordance with paragraph 18 or 19 shall be deemed to be non-fulfilment of Module 1 of the Integration Agreement according to § 14a.

(21) For the scope of section 19, § § 15 and 16 are in the version before the Federal Act BGBl. I n ° 38/2011 to 30 June 2012.

(22) § 21a does not apply to proceedings pending before 1 July 2011. "

90. The following paragraph 15 is added to § 82:

" (15) § § 1 para. 1, 2 para. 1 Z 14, 15 and 18, 3 para. 5, § § 6, 8, the title of § 9, 9 para. 1 and 2, the title of § 10, § § 10 para. 1 and 3, 11 para. 1 Z 1, 2 and 5 and paragraph 2 Z 6 as well as para. 3 Z 8 and 9, § § 12, 13 para. 1 to 5 and para. 7 and 8, § § 14 to 15 together with headlines, 16 para. 1, 2 and 5, 17 para. 1a, 18 with title, 19 para. 1, 2, 7 and 11, 20 para. 1, 1a and 4a, 21 para. 2 and 6, 21a with title, 22 para. 2, 23 para. 1, 24 para. 1 and 3, 25, the headline of § 27, § § 27, 28 Paragraphs 1, 5 and 6, 30 para. 3, 30a, the title of § 38, § § 38 (3) and (4), 40 (1) and (2), 41 to 48 together with headlines, the title of the 3. Main part of the second part, § § 49 to 50a, including headlines, the title of the 4. The main part of the second part, the title of § 51, § 51 (3), 52 (1), 53 (1) and (2), 53a (1) and (4), 54 (1), (2), (4) and (6) and (7), 54a (1), 55 (2) to (5), 56 (2) and (3), 57, 64, 69a (1), (1) and (2), 73 (1) and (3), 74, 75 (1). The provisions of Article 76 (3), (3), 77 (1), (3) and (5) and (2), (4) and (5), (16) to (22) and the table of contents as amended by the Federal Law I No 38/2011 will enter into force on 1 July 2011. '

Article 2

Amendment of the Tourism Act 2005

The Foreign Police Act 2005 (FPG), BGBl. I n ° 100, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

1. In the table of contents, the entry is the title of the 1. Section of the 4. Main item:

" 1. Section: Legality of entry and exit, Pasduty and visa requirements "

2. In the table of contents the entry is to § 15:

" § 15.

Conditions for the lawful entry and exit "

3. In the table of contents, the entry is the title of the 3. Section of the 4. Main item:

" 3. Section: Provisions concerning the visa requirement "

4. In the table of contents, the following entry is inserted after the entry:

" § 24a.

Special provisions on the issue of visas for the purpose of seeking work "

5. In the table of contents, the entry is the title of the 4. Section of the 4. Main item:

" 4. Section: Exceptions to the visa requirement "

6. In the table of contents the entry is to § 30:

" § 30.

Other exceptions to the visa requirement "

7. In the table of contents, after the entry to § 41 the following entry is inserted:

" § 41a.

Refoulement of EEA citizens, Swiss citizens or beneficiary third country nationals "

8. In the table of contents the following entry is inserted after the entry to § 46a:

" § 46b.

Enforcement of Return Decisions of EEA States "

9. In the table of contents there is no entry to § 47.

10. In the table of contents, the entry is the title of the 1. Section of the 8. Main item:

" 1. Section: Measures to be taken against non-lawfully staying third-country nationals "

11. In the table of contents the entries are in accordance with § § 52 to 60:

" § 52.

Return Decision

§ 53.

Travel ban

§ 54.

A ban on the return of asylum seekers

§ 55.

The deadline for voluntary departure

§ 55a.

The deadline for voluntary departure after an asylum decision

§ 56.

Conditions during the period for voluntary departure

§ 57.

Dismise of the suspenseable effect of an appeal

§ 58.

Information requirements

§ 59.

Specific procedural provisions

§ 60.

Reduction, non-reciprocity and repeal "

12. In the table of contents, the entry is the title of the 2nd section of the 8. Main item:

" 2. Section: Protection of private and family life "

13. In the table of contents the entry is to § 61:

"§ 61."

14. In the table of contents, the entry is the title of the 3. Section of the 8. Main item:

" 3. Section: Measures to be taken against third-country nationals with a residence permit "

15. In the table of contents the entries are in accordance with § § 62 to 64:

" § 62.

Expulsion of third country nationals with residence permit

§ 63.

Residence ban for third-country nationals with residence permit

§ 64.

Residence consolidation "

16. In the table of contents, the entry is the title of the 4. Section of the 8. Main item:

" 4. Section: Non-resident EEA citizens, Swiss citizens and beneficiaries of non-EU residents, as well as members of the family of EEA citizens who are not legally resident in Switzerland, Swiss nationals Citizens and Austrians "

17. In the table of contents are the entries for § § 65 to 71:

" § 65.

EEA citizens and Swiss citizens

§ 65a.

Beneficiary third-country nationals

§ 65b.

Members of the family of EEA citizens, Swiss citizens and Austrians who are not eligible for residence in the Union

§ 66.

Expulsion

§ 67.

Ban on residence "

18. In the table of contents, the entry is the heading of the 5. Section of the 8. Main item:

" 5. Section: Common procedural rules for expulsion and ban on residence "

19. In the table of contents the entries are in accordance with § § 68 to 71:

" § 68.

Legal remedies against expulsion and ban on residence

§ 69.

Non-reciprocity and repeal

§ 70.

Travel obligation and enforcement order

§ 71.

Enforcement order requirements "

20. In the table of contents the entry is to § 72:

" § 72.

Re-entry during the period of validity of a travel ban or a residence ban "

21. In the table of contents, the entry is the title of the 10. Main item:

" 10. Main item: Legal advice "

22. In the table of contents the entries are in accordance with § § 84 to 86:

" § 84.

Legal advice on return decisions and return bans

§ 85.

Legal advice on deportation, detention, funds and other commands and forced violence

§ 86.

Request profile for legal advisors and for legal persons "

23. In the table of contents there is no entry to § 87.

24. In § 1, the quote is referred to in paragraph 2. § § 41 to 43, 53, 58, 68, 69, 72 and 76 (1) " by quoting "§ § 41 to 43, 52, 53, 57 (1), 72 and 76 (1)" replaced.

25. The following paragraph 3 is added to § 1:

"(3) In the case of EEA citizens and Swiss citizens, § § 39 (2) Z 2, 43 and 45 shall not apply."

26. § 2 (4) Z 9 and 10 reads:

" 9.

Third country: any State other than a Member State of the EEA Agreement or of Switzerland;

10.

Third-country national: a stranger who is not an EEA citizen or a Swiss citizen; "

27. In § 2 (4) (11) and (15) and Section 31 (2), the word shall be: "Community legal" by the word "Union legal" replaced.

28. In § 2 para. 4 Z 11 the word "Community law" by the word "Union law" replaced.

29. In § 2 para. 4 Z 11, the word "Community law" by the word "Union law" replaced.

30. § 2 para. 4 Z 13 reads:

" 13.

Expulsion decision: a return (§ 45), a return decision (§ 52), a deportation (§ § 62, 66), a ban on residence (§ § 63, 67) of an Austrian tourist authority, a deportation (§ 10 AsylG 2005) or a deportation order (§ § 10 Asylum Act 2005) Repatriation decision of an EEA State (§ 46b); "

30a. In § 2 para. 4 Z 20, after the word order " in the version of the corrigendum OJ C 327, No. OJ L 29, 03.02.2007 p. 10, " the following phrase " No 1244/2009, OJ No. 1, No 1091/2010, OJ L 336, 18.12.2009, p. No. OJ L 329, 14.12.2010, p. 1 and No 1211/2010, OJ L 329, 31.12.2010, No. OJ L 339, 22.12.2010 p. 6, inserted.

31. In Section 5 (1), in Z 4 the word shall be: "Sanctions" by the word "Administrative Penalties" replaced.

32. In Section 6 (4), the phrase "a residence ban" through the phrase "a travel ban or a ban on residence" the phrase "as well as for the imposition of the detention and deportation" through the phrase "as well as for deportation other than the cases of paragraph 4a" .

Section 6 (4a) reads as follows:

" (4a) The local jurisdiction to impose the detention or the arrangement of the money shall be determined after the stay. The local authority for deportation depends on the authority which imposes the detention or which has placed the more money-free means. The responsibility for the further errands of the Foreign Police (§ 2 para. 2) remains with that authority, which has caused the deportation. This responsibility ends

1.

with the departure of the stranger;

2.

two months after the initial assessment of the deportation in accordance with § 46 or

3.

with the end of the detention or of the levied agent, provided that this measure lasts beyond the period referred to in Z 2. "

34. In Section 6 (5), the phrase "a residence ban" in each case by the word sequence "a travel ban or a ban on residence" replaced.

34a. In Section 6 (8), the phrase "the security directorate of the federal state in which the entry of the stranger is to take place" through the phrase "The Federal Ministry of the Interior" replaced.

34b. In § 9, the following paragraph 1 is inserted in accordance with paragraph 1:

" (1a) The independent administrative senates in the countries decide on appeals against return decisions. If a return decision has been issued in accordance with § § 52 iVm 53 (2) Z 2, 4, 5, 7 to 9 or Section 3, the independent administrative Senate has to decide on the appeal within three months. "

35. In § 10, the quote "§ § 9 and 83" by quoting "§ § 9, 55a and 83" and the phrase "and the security director" through the phrase "the Director of Safety and the Authority of First Instance" replaced.

35a. In Article 13 (2), the following last sentence is added:

" Art. 2, 3 and 8 of the European Convention on Human Rights (ECHR), BGBl. No 210/1958 must be taken into account at each stage of a foreign-police official act. '

36. The title of the 1. Section of the 4. The main item is:

"Legality of entry and exit, Pasduty and visa requirements"

37. The title of § 15 reads:

"Conditions for the lawful entry and exit"

38. In § 15 (1), after the word order "Entry into the" the phrase "and departure from the" inserted.

39. In § § 15 (2), 24 (3), 28 (1) and (2), 30 (3) and (4) and in the transcripts of the 3. Section of the 4. Main piece, the 4. Section of the 4. The main piece and the § 30 will be the word "visibility obligation" by the word "visa requirement" replaced.

39a. In § 24 (1), the final sales shall be:

" in the federal territory, only after a visa has been issued. In this case, a visa C or a visa D shall be issued to the stranger, depending on the intended duration of the activity, if in the case of the applicability of the Aliens Employment Act a certificate of protection pursuant to § 11 AuslBG exists and no Visa failure reason is given. "

40. In § § 24 (2) and 31 (2) (2) the word shall be given in each case "View-free" by the word "visumfree" replaced.

41. According to § 24, the following § 24a and headline shall be inserted:

" Special provisions on the issue of visas for the purpose of finding a job

§ 24a. (1) The representative authority may grant a residence visa to a stranger on request for a six-month period of validity for the purpose of finding a job in the Federal territory if:

1.

the conditions for grant are available pursuant to Article 21 (1) (1), (3) and (4);

2.

The Central Contact Point of the Labour Market Service has indicated that the criteria in accordance with § 12 iVm Annex A AuslBG are fulfilled.

(2) In the event of an application, the stranger shall have to identify the criteria laid down by him in accordance with § 12 iVm Annex A AuslBG, and to prove it by presenting documents. In the event of the granting requirements pursuant to § 21 (1) Z 1, 3 and 4, the representative authority shall forward the documents to the Central Contact Point of the Labour Market Service for the verification of the criteria in accordance with § 12 iVm Annex A AuslBG.

(3) The procedure provided for in paragraph 1 shall be adjusted if, despite the request and setting of a reasonable grace period, the stranger does not make the remedy of a defect in the grant conditions in accordance with Section 21 (1) (1) or (3).

(4) The application shall be rejected by the Central Contact Point of the Labour Market Service that the criteria set out in § 12 iVm Annex A AuslBG are not available.

(5) If such a visa has already been issued to the stranger, a new application shall be admissible only twelve months after leaving the territory of the Federal Republic of Germany.

(6) The Federal Minister for the Interior is authorized, in agreement with the Federal Minister for Labour, Social Affairs and Consumer Protection and the Federal Minister for European and International Affairs, to determine, by means of a regulation, which documents In any case, the respective criterion shall be attached to the application. This Regulation may also govern the form and nature of the application, in particular which forms of application are to be used exclusively. "

42. In § 30 (1) and (4), the word shall be "Freedom of sight" by the word "Freedom of visas" replaced.

42a. In Section 31, Section 1a, the word in Z 2 "or" by a dash and in Z 3 the point by the word "or" and the following Z 4 are added:

" 4.

have received a period of time for voluntary departure in accordance with § § 55 or 55a. "

43. In § 32 (1) the last sentence is:

" For EEA citizens, Swiss citizens and beneficiary third-country nationals, this applies only in so far as their identity and nationality cannot be proved without doubt by other means and also requires Austrian nationals are to hand out authoritiy documents. "

44. In § 32 (2), after the word order "without a disproportionate delay." the following sentence is inserted:

"For EEA citizens, Swiss citizens and beneficiaries of third-country nationals, this applies only in so far as Austrian citizens are also obliged to carry relevant documents."

44a. In Section 34 (2), after the word order "the date of birth" the phrase ", of nationality" inserted.

(46) The following paragraph 1a is inserted in § 36:

" (1a) The bodies of the public security service are authorized to open containers, even if they are located in rooms, and under the conditions laid down in paragraph 1 (2), (3) or (4). to keep a look at it . The containers must be suitable for concealing a person. "

46a. In § 38 (1) and (3), after the word order "according to this federal law" the phrase "or the asylum seeker 2005" inserted.

46b. In § 38, para. 2, after the word order "in the course of full education" the phrase "a return decision," inserted.

46c. In Section 41 (2), in Z 2, after the phrase "against them" the phrase "a valid entry ban or" inserted. "

47. In accordance with § 41, the following § 41a and heading is inserted:

" Rejection of EEA citizens, Swiss citizens or beneficiary third country nationals

§ 41a. (1) The refusal of an EEA citizen, a Swiss citizen or a beneficiary of a third-country national, shall be admissible if:

1.

there is no doubt as to his identity or he is not satisfied with the passport and, where applicable, the visa requirement, even after a reasonable period of time has been granted and in the availability of adequate means to obtain the documents required for this purpose,

2.

there is a enforceable ban on residence and no re-entry permit has been issued,

3.

there are certain facts that justify the assumption that he will be committing a trawling in the federal territory,

4.

Certain facts justify the assumption that he intends to stay in the territory of the Federal Republic of Germany for the purpose of deliberately committing financial offences, with the exception of irregularities in financial regulations, or to deliberate infringements of the provisions of the law on the application of the law on the application of the law. use, or

5.

certain facts justify the assumption that his stay in the federal territory endangers public order or security.

(2) The refusal of a beneficiary third-country national shall also be admissible if a State Party has notified that his stay in the territory of the Contracting States would endanger public order or security, unless he/she would have a residence permit of a Contracting State or an entry permit issued by Austria. "

48. § 45 (1) reads:

" (1) strangers may act on behalf of the public security service on behalf of the authority to return to another country (repatriation) if they are not

1.

are not lawfully entered into the federal territory and will be entered within seven days,

2.

have had to be withdrawn from the Republic of Austria on the basis of a readmission agreement within seven days of entry into the Federal Republic of Austria, or

3.

within seven days after their visa-free or visa-free stay in the Federal Republic of Germany is no longer lawful. "

49. § 46 (1) reads:

" (1) Foreigners against which a return decision, expulsion (§ § 61, 66 § 10 Asylum Act 2005) or a ban on residence can be enforceable shall be carried out by the institutions of the public security service on behalf of the authority to leave the country (deportation) if:

1.

the monitoring of their exit seems necessary for reasons of maintaining public order or security,

2.

they have not fulfilled their obligation to leave the country in time,

3.

because of certain facts, it is to be feared that they would not comply with their obligation to take out, or

4.

they have returned to the territory of the Federal Republic of Germany for a ban on entry or residence. "

49a. In Section 46 (2), the phrase "at the representative authority responsible for him" through the phrase "in the case of the foreign authority responsible for him" replaced.

49b. In § 46, the following paragraph 2a is inserted after paragraph 2:

" (2a) The Authority shall be entitled to pre-load persons who have their residence in their area of office and for which the authority has to obtain a replacement travel document with the competent foreign authority for the deportation. The official act may also take place outside the office of the competent authority. Section 19 (2) to (4) of the AVG applies. "

50. In § 46 (3), the first sentence reads:

" The authority must take all the necessary measures to carry out the deportation, taking into account the circumstances of the individual case (in particular para. 2 and 4), and in particular it has before the deportation of a to ensure that unaccompanied minors can be handed over to a member of his/her family, an official guardian, or a suitable host institution in the target country. "

Section 46 is added to the following paragraph 6:

" (6) Deportations shall be systematically monitored. More detailed rules on the implementation of the surveillance should be laid down by the Federal Minister for the Interior by Regulation. "

52. In § 46a, paragraph 1, in Z 2 after the phrase "is not allowed" a point, and the other text of paragraph 1 is deleted.

53. In § 46a, the following paragraph 1 is inserted after paragraph 1:

" (1a) In addition, the residence of strangers in the territory of the Federal Republic of Germany shall be tolerated if the authority determines, on its own behalf, that the deportation of the person concerned is not possible on the basis of actual reasons which are not for the benefit of the person concerned, unless the authority has been given the right to: that, in accordance with the provisions of Section 5 of the Asylum Act 2005, the other State continues to be responsible for or continues to recognise the competence of the other State or, in the future, its competence This toleration may be subject to conditions by the authority, but it will end with the removal of the obstacles. The requirements laid down are to be communicated to the foreigner by the authority with a procedural arrangement (Section 63 (2) AVG). § 56 shall apply mutafictily. "

53a. In § 46a, the following paragraph (1b) is inserted:

" (1b) In any case, the reasons for the stranger shall be due to the fact that:

1.

obfuscates his identity,

2.

does not comply with a loading date for the clarification of its identity or for the collection of a replacement travel document, or

3.

is not involved in or foiled the steps required to obtain a replacement document. "

54. In § 46a (2) the word shall be taken in the first sentence "can" by the word "has" and the word "issue" by the word "to exhibit" , and in the second sentence after the phrase "Identity of the stranger" the phrase "in the proceedings under this federal law or after the conclusion of a procedure after the asylum seeker 2005" inserted.

55. In § 46a (3), the following sentence shall be inserted after the first sentence:

"The validity of the card for the patient pursuant to paragraph 1a shall end with the end of the acquiescence."

56. In accordance with § 46a, the following § 46b and title shall be inserted:

" Enforcement of return decisions by the EEA States

§ 46b. (1) In the case of third-country nationals who do not have a residence permit, the legally enforceable, enforceable return decision of a Member State of the European Economic Area shall be equivalent to a enforceable return decision if:

1.

the return decision is justified by the serious and acute danger to public security and order or to national security, and

a)

is based on the criminal conviction of a criminal offence punishable by at least one year's imprisonment, or

b)

, because there are reasonable grounds for suspecting that the third-country national has committed serious criminal offences or where there are concrete indications that he is planning such acts in the territory of a Member State, or

2.

the return decision has been taken because the third-country national has failed to comply with the entry and residence provisions of the issuing State.

(2) In the case of third-country nationals who have an Austrian residence permit and who are subject to a return decision pursuant to paragraph 1 (1) (1), the Tourism Authority shall have a procedure for the withdrawal of the residence permit. . If the office of establishment and residence does not withdraw the residence permit, the return decision shall not be enforced. § 50.

(3) National decisions pursuant to § § 52, 54 and 66 shall be made in accordance with paragraphs 1 and 2. "

57. § 47 together with the title shall be deleted.

58. In Section 51 (1), the phrase "an expulsion" through the phrase "a return decision, an expulsion" replaced.

59. The 1. Section of the 8. The main piece and headline is:

" 1. Section

Residency measures against third-country nationals who are not legally resident

Return Decision

§ 52. (1) In the case of a third-country national, unless otherwise specified, a decision to return is to be issued if he is not legally resident in the territory of the Federal Republic of Germany. The decision of return shall be enforceable with the entry of the legal force and shall require the third-country national to leave the country of origin, a transit country or another third country without delay, provided that he has a period of time for the voluntary departure has not been granted. In the case of an appeal against a return decision, Section 66 (4) of the AVG is to be applied even if it is no longer in the Federal territory at the time of the appeal decision.

(2) If a third-country national who is not legally resident in the territory of the Federal Republic of Germany is in possession of a residence permit or other residence permit of another Member State, he shall immediately enter the territory of that State to go. This has to be proved by the third-country national. If he does not comply with his/her exit obligation or if his immediate departure from the federal territory is required for reasons of public policy or public security, a return decision pursuant to paragraph 1 shall be issued.

(3) It is necessary to refrain from issuing a return decision in accordance with para. 1 if there is a case in section 45 (1) and there is a readmission agreement with that Member State to which the third-country national is to be returned.

Travel ban

§ 53. (1) A return decision shall be subject to the adoption of a travel ban under one. The entry ban is the instruction to the third-country national not to enter the territory of the Member States for a fixed period and not to stay there.

(2) An entry ban pursuant to paragraph 1 shall be issued, subject to the third paragraph, for a period of at least 18 months, but not more than five years. In determining the duration of the entry ban, the Authority shall include the conduct of the third-country national so far and shall take into account whether the residence of the third-country national is at risk of public policy or public security. or any other public interest referred to in Article 8 (2) of the ECHR. This is to be assumed in particular when the third-country national

1.

Due to an administrative surrender pursuant to § 20 (2) of the Road Traffic Regulations 1960 (StVO), BGBl. Nr. 159, iVm § 26 para. 3 of the German Code of Licences (FSG), Federal Law Gazette (BGBl). No 120/1997, pursuant to § 99 (1), 1 (a), 1 (b) or 2 of the StVO, pursuant to § 37 (3) or (4) FSG, in accordance with § 366 (1) Z 1 of the 1994 Commercial Code (GewO), Federal Law Gazette (BGBl). No. 194, in respect of a subject-subject, bound trade, in accordance with § § 81 or 82 of the SPG, in accordance with § § 9 or 14 iVm § 19 of the Collectionate Act 1953, BGBl. 98, or because of a transgressive of the Border Control Act, the Reporting Act, the Dangerous Goods Transport Act or the Foreigners Employment Act (AusländerEmployment Act) has been legally punished;

2.

has been legally punished for administrative transgressing with a fine of at least EUR 1 000 or a primary custodial sentence;

3.

has been legally punished for transgressing this federal law or the law of establishment and residence, provided that it is not a transgressive act referred to in paragraph 3;

4.

has been legally punished for intentionally committed financial offences or for intentionally committed infringements of the provisions of the law on devising law;

5.

in the event of a breach of the rules governing prostitution, has been punishable by a final penalty;

6.

cannot prove the possession of the funds for its maintenance, unless it has been lawfully entered into the labour market and, within the last year in the territory of the Federal Republic of Germany, has spent more than six months in which it has been permitted to work;

7.

enter into employment which he would not have been able to exercise after the AuslBG, unless the third-country national would have been employed by the same employer in accordance with the provisions of the Foreigners Employment Act , and for the employment in which the third-country national was entered, no change of purpose would have been necessary or a purpose change was admissible;

8.

a marriage has been concluded or a registered partnership has been established and the acquisition or maintenance of a residence permit, the acquisition or maintenance of a right of residence for Union law, the acquisition of Austrian citizenship, in order to access the domestic labour market or to maintain a period of residence in this marriage or registered partnership, but with the spouse or registered partner a common Family life within the meaning of Article 8 of the ECHR has not been conducted or

9.

in the case of a child, and the granting or maintenance of a residence permit, the acquisition or maintenance of a Union right of residence, the acquisition of Austrian citizenship, access to the home country, On the one hand, the labour market or the retention of measures to end the period of residence of the exclusive or fundamental reason for the adoption of a child was, however, the court has deceived the court over the true circumstances with regard to the electoral elders.

(3) A travel ban referred to in paragraph 1 shall be issued for a period not exceeding 10 years, in the cases of Z 5 to 8, even for an unlimited period, if certain facts justify the assumption that the residence of the third-country national is a serious threat to public order or security. The particular fact that is relevant in the assessment of the duration of the entry ban, in addition to the other public interests referred to in Article 8 (2) of the ECHR, shall apply in particular to:

1.

a third-country national is sentenced by a court to an unconditional custodial sentence of more than three months, to a conditional or partially contuted custodial sentence of more than six months, or more than once, for the same harmful the tendency to be punishable offences has been finally convicted;

2.

a third-country national has been legally convicted by a court of tribunal for an offence committed within three months of the date of entry;

3.

a third country national has been legally convicted of pimping;

4.

a third country national has been legally punished or convicted on account of a repeat event or an act punishable by a court in the sense of this federal law or the law on the establishment of a residence and residence permit;

5.

a third-country national has been sentenced by a court to an unconditional custodial sentence of more than five years in a legally binding manner;

6.

on the basis of certain facts, the assumption is justified that the third-country national of a criminal organisation (Section 278a of the StGB) or of a terrorist organisation (§ 278b StGB) is a member of or has been a member of a criminal organisation, committing terrorist offences or has committed (§ 278c of the StGB), financed or financed terrorism (§ 278d of the StGB) or has a person to be trained for terrorist purposes (§ 278e StGB);

7.

on the basis of certain facts, the assumption is justified that the third-country national is responsible for his conduct, in particular through public participation in violence, by the public call for violence or by hetzerischer's Calls or irritations that endanger national security, or

8.

a third-country national, publicly, in an assembly or by propagating writings, approves a crime against peace, a war crime, a crime against humanity or terrorist acts of a comparable weight or advertise for it.

(4) The time limit for the entry ban shall begin at the end of the day on which the third-country national is to leave.

(5) A conviction which is decisive in accordance with paragraph 3 does not exist if it is already eradized. § 73 StGB applies.

(6) A conviction pursuant to paragraph 3 (1), (1), (2) and (5) shall be considered to be equivalent to a court order in an institution for mental abnormality if the act is under the influence of a state excluded from the capacity of the court to be responsible for the settlement of the offence. , which is based on a mental or mental abariness of higher degrees.

A ban on the return of asylum seekers

§ 54. (1) A return ban shall be issued against an asylum seeker if, on the basis of certain facts, the assumption is justified that his stay

1.

the public order and security are at risk, or

2.

other public interests referred to in Article 8 (2) of the ECHR.

The return ban is deemed to be the withdrawal of the right of residence. § § 12 and 13 Asylum Act 2005 shall apply.

(2) Certain facts within the meaning of paragraph 1 are, in particular, those of § 53 (2) (1), (2), (4), (5), (7) to (9) and (3). § 53 (5) and (6) and § 61 shall apply.

(3) A prohibition of return pursuant to para. 1 is in the cases of § 53 (2) Z 1, 2, 4, 5, 7 to 9 for the duration of at least 18 months, but not more than five years, in the cases of § 53 (3) Z 1 to 4 for a maximum of ten years and in the cases of § § 53 (3) (1), (3) Point 53 (3) (3) (5) to (8) shall also be adopted. The period begins with the end of the day of the departure of the foreign.

(4) When it is necessary for reasons of public policy and public security, the asylum seeker may be granted conditions with the release of the return ban. Requirements are in particular the obligation to:

1.

to reside only in the territory of the country in which the place of residence is situated;

2.

to report at periodic intervals to a police command, or

3.

in the case of the Authority, to deposit documents.

(5) The asylum seeker must be shown to be aware of the limits of the area referred to in paragraph 4 (1) (1). In addition, the stay is tolerated throughout the Federal territory, if and as long as this

1.

is necessary for the fulfilment of legal obligations;

2.

is necessary in order to comply with the charge of courts and administrative authorities; or

3.

is necessary for the use of medical care or treatment.

(6) In order to comply with the reporting obligation pursuant to Section 4 (2), the asylum seeker shall report to a police command to be determined in periodic intervals not to be signed at 48 hours. The information required for this purpose, such as in particular the responsible police command and the period and date of the notification, must be communicated to the asylum seeker by the authority with a procedural arrangement (Section 63 (2) AVG). There is no breach of the reporting obligation if it is demonstrably not possible or not reasonable for the asylum seeker to fulfil the obligation.

(7) The more detailed provisions governing the deposit of documents pursuant to paragraph 4 Z 3 may be laid down by the Federal Minister for the Interior by Regulation.

(8) The conditions laid down by the Authority shall be fulfilled by the asylum seeker from the territory of the Federal Republic of Germany until the date of departure. The obligation to comply rests with the requirements, provided that the asylum seeker is stopped in school, criminal or pre-trial detention, or a more money-free means is arranged against him.

(9) If an expulsion is enforceable in accordance with § 10 Asylum Act 2005, the return ban shall be deemed to be a travel ban.

The deadline for voluntary departure

§ 55. (1) A return decision in accordance with § 52 shall at the same time set a time limit for voluntary departure.

(2) The period for voluntary departure shall be 14 days from the date of the decision, unless it has been established, within the framework of an assessment to be made by the Authority, that special circumstances which the third-country national in the scheme of his or her own be taken into account, the reasons that led to the release of the return decision are outweighed.

(3) In the event of exceptional circumstances, the period for voluntary departure may be set once for a period of time which is longer than the 14 days laid down. The special circumstances must be demonstrated by the third-country national and he shall also have an appointment for his departure to be announced. § 37 AVG applies.

(4) The Authority shall refrain from setting a time limit for voluntary departure if the suspensive effect of the appeal has been cancelled in accordance with Section 57.

(5) The granting of a period in accordance with paragraph 1 shall be revoked with the mandate of the mandate (§ 57 AVG) if certain facts justify the assumption that the residence of the third-country national is jeopardising public order or security, or The risk of escape exists.

The deadline for voluntary departure after an asylum decision

§ 55a. (1) A third country national who is subject to a decision in accordance with § 10 Asylum Act 2005 and who has to rest within a period of 14 days may, on request, grant a one-off extension of the time limit for voluntary departure. , if special circumstances which make it necessary to extend the time limit, and at the same time make an appointment for the departure of the time limit.

(2) The application in accordance with paragraph 1 shall be submitted in person to the Authority within three days of enforceability of the decision and shall have to decide these at the latest within ten days.

(3) The third-country national shall be informed of his/her application in person at a date fixed by the Authority. If the third-country national does not appear to be inexcused at that date, the procedure shall be deemed to have been terminated.

(4) An appeal to the Independent Administrative Senate is admissible against the decision and is to be submitted to it by the Independent Administrative Senate. The appeal shall not have suspensive effect, but it may be granted on a reasoned request no later than two working days after the date of the one-long period. The Independent Administrative Senate shall decide on the appointment within one week.

(5) The granting of a period in accordance with paragraph 1 shall be revoked with the mandate of the mandate (§ 57 AVG) if certain facts justify the assumption that the residence of the third-country national is jeopardising public order or security, or The risk of escape exists.

Conditions during the period for voluntary departure

§ 56. (1) Where the Authority has set a time limit for voluntary departure in accordance with § § 55 or 55a, it may impose the conditions imposed in the interests of maintaining public order or public security or in order to avoid any risk of flight. Third-country nationals.

(2) Obligations within the meaning of paragraph 1 shall be, in particular, the obligation to:

1.

to reside only in the territory of the district administrative authority in which the place of residence is situated;

2.

to register at periodic intervals at a police command;

3.

to file documents with the Authority, or

4.

to deposit adequate financial security with the Authority.

(3) The third country national must be shown to be aware of the limits of the territory referred to in paragraph 2 (1) (1) of this Regulation. In addition, the stay is tolerated throughout the Federal territory, if and as long as this

1.

is necessary for the fulfilment of legal obligations;

2.

is necessary in order to comply with the charge of courts and administrative authorities; or

3.

is necessary for the use of medical care or treatment.

(4) In order to comply with the reporting obligation pursuant to Section 2 (2) (2), the third-country national shall be required to report to a police command to be determined in periodic, 48 hours of non-reporting intervals. The information required for this purpose, such as in particular the responsible police command and the period and date of the notification, must be communicated to the third-country national by the authority with a procedural arrangement (Section 63 (2) AVG). There is no breach of the reporting obligation if it is demonstrably not possible or not reasonable for the third-country national to fulfil the obligation.

(5) The closer provisions governing the deposit of documents pursuant to paragraph 2 (3) or a financial security pursuant to paragraph 2 (2) (4) may be laid down by the Federal Minister for the Interior by Regulation.

(6) The obligations laid down by the Authority shall be fulfilled by the third-country national until the date of departure from the Federal Republic of Germany. The obligation to comply rests with the obligations imposed on third-country nationals in the form of a detention or pre-trial detention order or on the grounds of a more or less money-based means. "

Dismise of the suspenseable effect of an appeal

§ 57. (1) The suspensive effect of an appeal against a return decision shall be discernable if:

1.

the immediate departure of the third-country national is required in the interests of public policy or public security;

2.

the third-country national has returned to the territory of the Federal Republic of Germany for a travel ban, or

3.

The risk of escape exists.

(2) The suspensive effect of an appeal against a return ban may be discernable if the immediate exit of the asylum seeker or immediate enforceability is required in the interest of public order or security.

Information requirements

§ 58. (1) The authority has to inform the stranger who has been issued a return decision about his obligation to leave the country immediately or on a timely basis and to take measures to enforce the obligation to leave the foreign police (§ § § 3). 46).

(2) In addition, the authority has the stranger against which a enforceable expulsion pursuant to § 10 Asylum Act 2005 was issued, except after a refusing decision in accordance with § 5 Asylum Act 2005 or after each further, a refundable Decision pursuant to § 5 Asylum Act 2005, which has been rejected in accordance with Section 68 (1) of the German AVG (AVG), in the event that the actual and legal conditions required for this have been proven beyond the specified date of deportation as well as over inform the legal consequences of a missed date of deportation. If a deportation date set by the authority has already been omitted for reasons attributable to the stranger, the authority has only to enforce a fixed order in accordance with § 74 on the newly established date of departure Date of deportation. In all cases, the Federal Asylce Office must be informed immediately after setting a deportation date. This information is excluded from the inspection of files.

(3) The information referred to in paragraphs 1 and 2 may be provided in any appropriate manner, in particular by means of forms in a language which is understandable to the foreign, or by means of an oral announcement. The Federal Minister for Home Affairs can determine the detailed form and design of these forms with a regulation.

Specific procedural provisions

§ 59. (1) Decisions in accordance with § § 52 to 56 shall be taken in the form of a certificate and shall contain the saying and the right of appeal also in a language which is understandable to the third-country national or in a language where it is reasonable to say that it can be assumed that he understands them. An incorrect translation only justifies the right to be reinstated under the conditions of § 71 AVG.

(2) A separate appeal shall not be allowed against the establishment of a time limit for voluntary departure in accordance with § 55.

(3) A enforceable return decision shall be made in the travel document of the foreigner, provided that the deportation is not made inadmissible or impossible.

(4) The entry of the enforceability of the return decision shall be deferred for the duration of a deprivation of liberty on which a penalty threatened with punishment has been recognized.

(5) The enforceability of the return ban shall be hampered as long as the third-country national is granted the status of the subsidiary entitled to protection. The return ban is to be reviewed by the Office after each extension of the right of residence (§ 8 Asylum Act 2005).

Reduction, non-reciprocity and repeal

§ 60. (1) The Authority may, at the request of the third country national, by taking into account circumstances relevant to the issue of the return decision of the third country, or the circumstances in which it has been issued, in accordance with Article 53 (1) and (2) of this Regulation, shall be subject to the conditions of Half of the fixed period shall be reduced if the third-country national has left the territory of the Member States within the prescribed period and has since then spent a period of more than half of the time of entry in the country. The third-country national must be able to demonstrate the time-limit for leaving the country.

(2) The return decision shall be a return ban if the third-country national applies an application for international protection.

(3) The return decision shall be without effect if a third country national

1.

the status of the person entitled to asylum is granted;

2.

a residence permit is issued in accordance with § § 41a (9) and (10), 43 (3) and (4) and (69a) NAG.

(4) The prohibition of return shall become unfounded if a third-country national is

1.

the status of the person entitled to asylum is granted;

2.

the status of the subsidiary entitled to protection has been cancelled without the fact that an expulsion pursuant to Section 10 (2) of the Asylum Act 2005 has not been linked.

(5) The prohibition of return shall be waived on request or on its own initiative, if the reasons which led to its release have been omitted. "

60. The second section of the 8. The main piece and headline is:

" 2. Section

Protection of private and family life

§ 61. (1) Where a return decision is made, a expulsion or a ban on residence in the private or family life of the stranger, the authorisation of the decision shall be admissible if this is urgently required in order to achieve the objectives set out in Article 8 (2) of the ECHR.

(2) In the assessment of private and family life within the meaning of Article 8 of the ECHR, particular account shall be taken of:

1.

the nature and duration of the previous stay and the question of whether the previous stay of the stranger was unlawful;

2.

the actual existence of a family life;

3.

the protection of private life;

4.

the degree of integration;

5.

the ties to the home state of the stranger;

6.

the impunity of criminal law;

7.

Violations of public order, in particular in the area of asylum, foreign policy and immigration law;

8.

the question of whether the private and family life of the stranger arose at a time when the parties were aware of their insecure residence status;

9.

the question as to whether the duration of the previous residence of the foreign person is justified in the case of overlong delays attributable to the authorities.

(3) In any event, the admissibility of the return decision or expulsion shall be justified, in particular with regard to whether it is inadmissible pursuant to paragraph 1 of this Article in the long term. The inadmissibility of a return decision or expulsion is only in the long term if the otherwise imminent violation of private and family life is based on circumstances which, by their very nature, are not merely temporary. This is the case, in particular, when the return decision or expulsion is based solely on private and family life with regard to Austrian citizens or persons who have a right of residence or a right to reside in the EU. unlimited right of establishment (§ § 45 and 48 or § § 51 ff NAG) would not be permitted.

(4) The fact that a procedure for the authorisation of a return decision or expulsion thereof has been found to have been inadmissible pursuant to paragraph 3 does not preclude, in the context of a further procedure, the omission of such a decision in the meantime, if the stranger has, in the meantime, re-established a behaviour which would justify the release of a return decision or a deportation. "

61. The 3. Section of the 8. The main piece and headline is:

" 3. Section

Measures to be taken against third-country nationals with residence permits

Expulsion of third country nationals with residence permit

§ 62. (1) Third-country nationals residing in the territory of the Federal Republic of Germany during an extension procedure pursuant to Section 24 of the NAG shall be informed, unless the case of § 64 is present, if:

1.

the granting of a further residence permit is contrary to a reason for failure (Section 11 (1) and (2) of the NAG); or

2.

Module 1 of the integration agreement according to § 14a NAG was not fulfilled in due time for reasons which are to be exclusively represented by the third-country national.

(2) Third-country nationals legally residing with a residence permit in the territory of the Federal Republic of Germany shall be informed, provided that no case of § 64 is present, if:

1.

enter or become aware of a reason for failure (Section 11 (1) and (2) of the NAG) which would be contrary to the granting of the last residence permit issued,

2.

have been granted a residence permit pursuant to section 8 (1) (1), (2) or (4) of the NAG, are available to the employment agency and, in the first year of their establishment, have not been employed for more than four months in which they have not been engaged in an activity in an unselfemployed or

3.

a residence permit has been issued to them in accordance with Article 8 (1) (1), (2) or (4) of the NAG, they are established for more than one year but for less than five years in the Federal Republic of Germany, and for the duration of one year almost uninterrupted periods of employment have gone up.

(3) The Authority shall, in accordance with the procedure referred to in paragraph 1, only recognise all the circumstances which the third-country national had already been able to demonstrate in the context of an extension procedure pursuant to Section 24 NAG to the Authority in accordance with the law on the establishment of a residence and residence permit. can and must.

(4) The Authority shall be expleted under the law of establishment and residence of the Authority (paragraph 1). 2), it shall be obliged to inform the Authority of the known expulsion grounds under this Federal Act, after the relevant documents have been sent.

Residence ban for third-country nationals with residence permit

§ 63. (1) A residence ban may be issued against a third-country national who is legally resident in the territory of the Federal Republic of Germany on the basis of a residence permit if, on the basis of certain facts, the assumption is justified that his stay

1.

the public order and security are at risk, or

2.

other public interests referred to in Article 8 (2) of the ECHR.

(2) Certain facts within the meaning of paragraph 1 are, in particular, those of § 53 (2) (1), (2), (4), (5), (7) to (9) and (3). § 53 (5) and (6) shall apply.

(3) A prohibition of residence in accordance with paragraph 1 is in the cases of § 53 (2) Z 1, 2, 4, 5, 7 to 9 for a period of at least 18 months, but not more than five years, in the cases of § 53 (3) Z 1 to 4 for a maximum of ten years and in the cases of the § 53 (3) (3) (5) to (8) shall also be enacted indefinitely. The period shall begin with the expiry of the day of departure of the third-country national.

(4) If it is necessary for reasons of public order and security, conditions may be imposed on the stranger with the omission of the residence ban. Requirements are in particular the obligation to:

1.

to reside only in the territory of the country in which the place of residence is situated;

2.

to report at periodic intervals to a police command, or

3.

in the case of the Authority, to deposit documents.

(5) The third-country national must be shown to be aware of the limits of the territory referred to in paragraph 4 (1) (1). In addition, the stay is tolerated throughout the Federal territory, if and as long as this

1.

is necessary for the fulfilment of legal obligations;

2.

is necessary in order to comply with the charge of courts and administrative authorities; or

3.

is necessary for the use of medical care or treatment.

(6) In order to comply with the reporting obligation pursuant to Section 4 (2) (2), the third-country national shall be required to report to a police command to be determined in periodic, 48-hour intervals not to be signed. The information required for this purpose, such as in particular the responsible police command and the period and date of the notification, must be communicated to the third-country national by the authority with a procedural arrangement (Section 63 (2) AVG). There is no breach of the reporting obligation if it is demonstrably not possible or not reasonable for the third-country national to fulfil the obligation.

(7) The more detailed provisions governing the deposit of documents pursuant to paragraph 4 Z 3 may be laid down by the Federal Minister for the Interior by Regulation.

(8) The obligations laid down by the Authority must be fulfilled by the third-country national until the date of departure from the territory of the Federal Republic of Germany. The obligation to comply rests with the obligations inasmuch as the third-country national is being held in prison or detention or a more money-free means is placed against him in detention.

Consolidation of residence

§ 64. (1) In the case of a third-country national who is legally resident in the Federal territory on the basis of a residence permit, an expulsion pursuant to § 62 and a ban on residence pursuant to Section 63 may not be issued if:

1.

Prior to the implementation of the relevant facts, he was granted citizenship in accordance with Section 10 (1) of the State Citizenship Act 1985 (StbG), Federal Law Gazette (BGBl). No 311, or

2.

He grew up from small to domestic and was legally established here for many years.

(2) Third-country nationals who have been legally established in the territory of the Federal Republic of Germany for five years before the relevant facts have been established, but have not been legally established for eight years, must not have their own resources to support them, in the absence of a lack of resources. sufficient health insurance cover, lack of own accommodation, or the possibility of a financial burden on a local authority (§ 62). However, this only applies if the third-country national makes a credible commitment to secure the funds for his/her maintenance and health insurance through the use of his or her own forces or to provide other own accommodation, and this does not apply. seems hopeless.

(3) Third-country nationals who have already been legally established in the territory of the Federal Republic of Germany for eight years before the relevant facts are legally established may only be expelled (§ 62) if they are brought by a national court have been finally convicted of committing a criminal offence and their further residence would endanger public order and security. § 73 StGB applies.

(4) Third-country nationals who have been legally established in the long term and have a residence permit "permanent residence-EC" or "permanent residence" in the long term before the relevant facts are legally established shall only be allowed to: if their further stay would constitute a present, sufficiently serious threat to public order or security.

(5) In particular, as a serious risk within the meaning of paragraph 4, if a third-country national has a national court, it shall apply in particular:

1.

in the event of a crime or of a trawling, of an aid to the unauthorised residence, of the entry into or placement of a residence permit or of a residence partnership, of the adoption of a residence or of the mediation of a residence permit, Residency, because of a crime threatened with more than one year of imprisonment, according to the SMG, or after a crime of 16. or 20. Section of the special part of the StGB or

2.

because of an attachment which is based on the same harmful inclination (§ 71 of the Criminal Code), such as another offence committed by them, the conviction of which is not yet satisfied, to an unconditional custodial sentence of more than six months

has been legally convicted. § 73 StGB applies. "

62. The 4. Section of the 8. The main piece and headline is:

" 4. Section

End-of-stay measures against EEA citizens who are eligible for residence in the European Union, Swiss citizens and beneficiaries of third-country nationals, as well as members of the family of EEA citizens who are not legally resident in the Union, Swiss citizens and Austrians

EEA citizens and Swiss citizens

§ 65. EEA citizens and Swiss citizens enjoy visa-free travel and have the right to stay for a period of three months. In addition, there is a right of residence in accordance with the provisions of the 4th The main part of the second part of the law on residence and residence.

Beneficiary third-country nationals

§ 65a. (1) Beneficiaries of third-country nationals (Article 2 (4) (11)) shall have the right to reside for a period of three months, but are subject to the visa requirement, provided that Annex I to the Visa Regulation (§ 2 para. 4 Z 20) shall apply to them. You are entitled to a visa.

(2) Offices in connection with the issuing of visas to beneficiaries of third country nationals shall be subject to priority and exempted from administrative charges.

(3) In addition to the three-month period referred to in paragraph 1, there is a right of residence in accordance with the provisions of the 4. The main part of the second part of the law on residence and residence. Holders of residence cards and permanent residence cards (§ § 54 and 54a NAG) or of residence cards and permanent residence cards of other Member States are entitled to visa-free entry.

Members of the family of EEA citizens, Swiss citizens and Austrians who are not eligible for residence in the Union

§ 65b. Family members (§ 2 para. 4 Z 12) are subject to the visa requirement. They shall be subject to the provisions for beneficiaries of third country nationals in accordance with § § 41a, 65a (2), 66, 67 and 70 (3).

Expulsion

§ 66. (1) EEA citizens, Swiss citizens and beneficiaries of third-country nationals may be expelled if, for the purposes of Article 55 (3) NAG, they do not or no longer have the right to reside in Union law, unless they are seeking work They can prove that they are still looking for work and have reasonable prospects to be hired; or they have already acquired the right of permanent residence (§ § 53a, 54a NAG); in the latter case, expulsion is only permissible if: their stay is a serious threat to public policy or public security .

(2) Should an EEA citizen, Swiss citizen or beneficiary be expelled, the Authority shall, in particular, have the duration of the stay in the Federal Republic of Germany, his age, his state of health, his family and economic situation, to take account of its social and cultural integration in the federal territory and the extent of its attachment to the country of origin.

(3) The omission of expulsion against EEA citizens, Swiss citizens or beneficiaries of third-country nationals who are nationals of the European Union Stay has been in the federal territory for ten years, is then permissible if the personal conduct of the stranger can be presumed to be that the public security of the Republic of Austria would be permanently and decisively endangered by his whereaby in the federal territory. The same shall apply to minors, unless the expulsion would be necessary for the best interests of the child, as provided for in the United Nations Convention on the Rights of the Child of 20 November 1989.

(4) Paragraph 59 (1) shall apply mutaficly.

Ban on residence

§ 67. (1) The omission of a ban on residence against Legally resident in the European Union EEA citizens, Swiss citizens or beneficiaries of third country nationals shall be permitted if, on the basis of their personal conduct, public order or security is at risk. Personal conduct must present an actual, present and significant risk which affects a fundamental interest of society. Criminal convictions alone cannot justify these measures without further ado. Justifications which are detached from individual cases or are based on general prevention are not allowed. The absence of a residence ban against EEA citizens, Swiss citizens or beneficiaries of third-country nationals who are nationals of the European Union Stay has been in the federal territory for ten years, is then permissible if the personal conduct of the stranger can be presumed to be that the public security of the Republic of Austria would be permanently and decisively endangered by his whereaby in the federal territory. The same shall apply to minors, unless the residence ban is necessary for the best interests of the child, as provided for in the United Nations Convention on the Rights of the Child of 20 November 1989.

(2) A residence ban may be issued for a maximum period of ten years.

(3) A ban on residence may be issued on an open-ended basis, in particular where:

1.

the EEA citizen, Swiss citizen or beneficiary of a third country national has been sentenced by a court to an unconditional custodial sentence of more than five years in a final sentence;

2.

on the basis of certain facts, the assumption is justified that the EEA citizen, Swiss citizen or beneficiary is a member of a criminal organisation (§ 278a StGB) or a terrorist organisation (§ 278b StGB), or (§ 278c of the StGB), has been a member of or has financed terrorism (§ 278c of the German Criminal Code), or has a person to be trained or trained for terrorist purposes (Section 278e of the StGB);

3.

, on the basis of certain facts, it is justified that the EEA citizen, Swiss citizen or beneficiary of a third country national, by means of his conduct, in particular through public participation in violence, by the public call for violence or inflammatory calls or irritations that endanger national security, or

4.

the EEA citizen, Swiss citizens or beneficiaries of third-country nationals, in public, in a meeting or by propagating writings, a crime against peace, a war crime, a crime against humanity or endorses or promotes terrorist acts of comparable weight.

(4) In determining the period of validity of the ban on residence, consideration shall be given to the circumstances that are relevant to his or her release. The period shall begin to run with the entry of enforceability.

(5) Paragraph 59 (1) shall apply mutafictily. "

63. The 5. Section of the 8. The main piece and headline is:

" 5. Section

Common rules of procedure for expulsion and ban on residence

Legal remedies against expulsion and ban on residence

§ 68. (1) If a legal remedy is taken against expulsion and if the stranger does not comply with the appeal at the time of the appeal decision in the Federal territory, the appeal authorities shall only determine whether the expulsion was lawful at the time of the release.

(2) The appeal against expulsion shall not be dismissed by the suspensive effect.

(3) In the case of strangers who are legally resident in the territory of the Federal Republic of Germany, the suspensive effect of an appeal against a ban on residence may be recognized if the immediate departure of the foreign person or the immediate enforceability in the interest of the public order or security is required.

Non-reciprocity and repeal

§ 69. (1) An expulsion shall be subject to any undue delay if the stranger has complied with his/her obligation to leave (§ 70). § 73.

(2) A expulsion and a ban on residence shall be waived at the request or on its own initiative if the reasons which led to their omission have been omitted.

(3) The prohibition of residence shall not enter into force if the status of the person entitled to asylum is granted to a stranger.

Travel obligation and enforcement order

§ 70. (1) The expulsion and the ban on residence shall be enforceable at the latest with the entry of the legal force; the foreign person shall then immediately be removed. The entry of enforceability shall be deferred for the duration of a deprivation of liberty on which a penalty threatened with punishment has been recognized.

(2) A third-country national may, on request during a procedure for the authorisation of expulsion in accordance with § 62 or a ban on residence in accordance with § 63, be granted an enforcement order of no more than three months; for this purpose, the public To balance the interests of an immediate departure from the circumstances which the third-country national must take into account when regulating his/her personal circumstances.

(3) EEA citizens, Swiss citizens and beneficiary third country nationals shall be granted a period of enforcement of one month in the event of an expulsion or a residence ban issued, unless immediate exit would be in the interests of public policy or public security.

(4) The enforcement order shall be revoked if:

1.

become aware of facts which would have justified its failure;

2.

the reasons for the grant have been omitted, or

3.

of the stranger during his continued stay in the federal territory a behavior that requires the immediate exit for reasons of public order and security.

Enforcement order requirements

§ 71. (1) In order to ensure that the enforceability of an expulsion or a ban on residence is to be enforceable, the Authority may lay down the conditions required for this purpose in the interests of maintaining public order or public security. The purpose of the stay is to be taken into consideration.

(2) Obligations within the meaning of paragraph 1 shall be, in particular, the obligation to:

1.

to reside only in the territory of the district administrative authority in which the place of residence is situated;

2.

to register at periodic intervals at a police command;

3.

to deposit adequate financial security with the Authority.

(3) The boundaries of the territory in accordance with paragraph 2 (2) (1) must be brought to the attention of the stranger. In addition, the stay is tolerated throughout the Federal territory, if and as long as this

1.

is necessary for the fulfilment of legal obligations;

2.

is necessary in order to comply with the charge of courts and administrative authorities; or

3.

is necessary for the use of medical care or treatment.

(4) In order to comply with the reporting obligation pursuant to Section 2 (2) (2), the stranger shall report to a police command to be determined in periodic, 48 hours non-reporting intervals. The information required for this purpose, such as in particular the responsible police command as well as the period and time of the notification, must be communicated to the stranger by the authority with a procedural arrangement (Section 63 (2) AVG). There is no breach of the reporting obligation if it is demonstrably not possible or not reasonable for the stranger to fulfil the obligation to fulfil the obligation.

(5) The closer provisions governing the deposit of a financial security pursuant to paragraph 2 Z 3 may be laid down by the Federal Minister for the Interior by Regulation.

(6) The conditions laid down by the Authority shall be fulfilled by the stranger up to the time of its departure from the Federal territory. The obligation to comply rests with the conditions, to the extent that the stranger is arrested or held in custody in the form of criminal charges or remand, or a more money-free means is placed against him. "

64. § 72 with headline reads:

" Re-entry during the period of validity of a travel ban or a stay ban

§ 72. (1) During the period of validity of the entry ban or residence ban, the foreigner shall not be allowed to enter again without authorization.

(2) The authorisation for re-entry may be granted on request to the stranger if this is necessary for important public or private reasons, which do not prevent the entry ban or the ban on the residence of the stranger, and otherwise there is no other reason for visa failure. The authorization shall also determine the period of validity of the validity of the licence.

(3) The authorization may be subject to conditions in the interests of maintaining public order or public security; this should be taken into consideration for the purpose of the stay. Conditions include, in particular, the pre-writing of certain border crossing points and itineraries, the restriction of residence to the sprint of a district administrative authority, and the obligation to stay at periodic intervals in the case of a Police command to report. The issue of conditions must be made clear in the travel document.

(4) The authorization shall be issued in the form of a visa, irrespective of the existence of a legally binding entry ban or a residence ban.

(5) The authorization shall be revoked if facts are subsequently disclosed which would have justified their failure, if the reasons for their grant have been omitted or if the stranger behats during his/her stay in the Federal territory , the

1.

in connection with the reasons for the ban on entry or residence, the immediate enforcement of which is necessary, or

2.

would justify the release of a return decision or, more recently, the absence of a residence ban.

(6) The authorization shall be revoked by invalidity in the travel document.

65. In Section 73 (1), the quote shall be "§ § 84 and 85" by quoting § § 65 and 65a " replaced.

66. In Section 74 (1), the phrase "expulsion or a ban on residence" through the phrase "Return decision, expulsion or residence ban" replaced.

67. In Section 74 (2), in Z 1, the quote shall be "§ 76 (1)" through the phrase § 76 or the arrangement of the funds pursuant to section 77 (1) of the German law replaced.

68. In § 74, paragraph 2, in Z 2 the quote is "§ 67, § 10 Asylum Act 2005" by quoting § § 52 (1) and 70 (1), § 10 Asylum G 2005 " replaced.

68a. § 74 para. 2 Z 4 reads:

" 4.

if, without sufficient excuse of a charge assigned to him on his own account, in accordance with § 46 (2a), in which he was threatened with this coercive means, for questioning in order to clarify his identity and origin, in particular for the purpose of obtaining a charge Spare travel document at the competent foreign authority by the authority, did not follow. "

69. In § 76 (1) the word order shall be "a residence ban or expulsion" through the phrase "a return decision, a expulsion or a residence ban" replaced.

70. In accordance with § 76 (1), the following paragraph 1a is inserted:

"(1a) Unenduring minors shall not be held in detention."

71. In Section 76 (2), the phrase in Z 3 shall be: "Expulsion (§ § 53 or 54) or a enforceable ban on residence (§ 60)" through the phrase 'Return decision, enforceable expulsion or a enforceable ban on residence' replaced.

72. In Section 76 (2a) the turn shall be made in Z 4 " , or " replaced by a stroke, and the word in Z 5 after the appendent "or" and the following Z 6 shall be added:

" 6.

the asylum seeker has been unduly removed from the initial reception office in accordance with Section 24 (4) of the Asylum Act 2005, in so far as one of the requirements of paragraph 2 (2) (1) to (4) has been fulfilled, "

73. In § 76 (3), the following last sentence is added:

" The communication must also contain the saying and the right of appeal in a language which is understandable to the foreign, or a language in which it can reasonably be assumed that he understands them. An incorrect translation only justifies the right to be reinstated under the conditions of § 71 AVG. "

74. In Section 76 (5), the phrase "a ban on residence or expulsion" through the phrase "a return decision, a expulsion or a ban on residence" replaced.

75. In § 76 (6), after the quote, " 2 " the phrase "or 2a" inserted.

Section 77 (1) reads as follows:

The Authority shall, in the presence of the reasons referred to in Article 76, order more funds if it has reason to believe that the purpose of the detention may be achieved by the application of the substance in question. Against oral minors up to the completion of the 16th The Authority shall apply more funds to the Authority, unless there are certain facts justifying the assumption that the purpose of the detention cannot be achieved; this shall apply to Section 80 (2) (1). "

77. § 77 (3) reads:

" (3) In particular, funds shall be the order of

1.

Accommodation in rooms designated by the Authority,

2.

to report at periodic intervals to a police command, or

3.

to deposit adequate financial security with the Authority. "

78. In § 77, the following paragraphs 6 and 7 are added:

" (6) In order to comply with the reporting obligation pursuant to Section 3 (2), the stranger has to report to a police command to be determined in periodic intervals not to be signed at intervals of 24 hours. The information required for this purpose, such as in particular the responsible police command as well as the period and time of the notification, must be communicated to the stranger by the authority with a procedural arrangement (Section 63 (2) AVG). There is no breach of the reporting obligation if it is demonstrably not possible or not reasonable for the stranger to fulfil the obligation to fulfil the obligation.

(7) The closer provisions governing the deposit of a financial security in accordance with paragraph 3 Z 3 may be laid down by the Federal Minister of the Interior by Regulation. "

79. In Section 78 (6), the phrase "the ban on residence or expulsion" through the phrase "the return decision, the expulsion or the ban on residence" shall be replaced by: .

80. In § 79, the following paragraph 5 is added:

" (5) Insofar as a family and child-friendly accommodation is guaranteed, strangers who are held in custody in a timely manner shall be allowed to be accompanied by minors entrusted with the care of the child. In the case of the accompanying person, the standards of protection from the house rules shall apply mutadenly to the minors. "

81. § 80 reads:

" § 80. (1) The Authority shall be obliged to take action to ensure that the thrust is as short as possible. The detention shall be maintained until the reason for their arrangement has fallen away or their destination can no longer be reached.

(2) The period of detention shall, in principle, be

1.

shall not exceed two months if the detention is imposed on a minor under the age of an oral person;

2.

do not exceed four months if the thrust is against a stranger, who is the 18. It has been completed and is not present in the case of paragraphs 3 and 4.

(3) Should a stranger not be deported because an application in accordance with § 51 has not yet been passed in a legally binding manner, the detention may be taken until the end of the fourth week following a final decision but no longer as a whole as a whole. six months.

(4) A stranger may not or may not be deported,

1.

because the identification of his identity and nationality is not possible, or

2.

because the authorization of another State required for entry or transit is not available, or

3.

because he foiled the deportation by resisting the force of forced violence (§ 13).

the detention may not be maintained for more than six months on account of the same facts within a period of one year, unless the non-acceptance of the deportation is to be attributed to the behaviour of the stranger. In such cases, the stranger may not be held in detention for more than 10 months within a period of 18 months on account of the same facts. The same applies if the deportation is endangered by the fact that the foreigner has already withdrawn from the procedure. Similarly, the detention imposed in accordance with Section 76 (2) may be maintained for more than six months in one year, but not longer than 10 months in 18 months.

(5) In cases where the detention has been imposed in accordance with Section 76 (2) or (2a), it may be maintained until the end of the fourth week following a final negative decision on the application for international protection, unless it is also a case of paragraph 4 (1) to (3). If the appeal against an expulsion, which is linked to a refusing decision, is granted the suspensive effect according to § 37 Asylum Act 2005, the detention shall be maintained until the decision of the Asylum Court. In addition, the detention may only be maintained if the Asylum Court takes a decision that is back or down. In such cases the period of detention shall not exceed the duration of ten months within a period of 18 months.

(6) The Authority shall, on its own account, review the proportionality of the detention in detention at the latest every four weeks. If a complaint is pending pursuant to Article 82 (1) (3), this has to be omitted from the examination of the Office's Office.

(7) If the stranger is to be held continuously in detention for more than four months, the proportionality of the holding shall be after the day on which the fourth month has been exceeded, and thereafter every four weeks by the local independent The Administrative Senate is to be reviewed by its own authority. The Authority shall submit the administrative files in good time to the independent administrative authorities to remain a week before the present date. In doing so, it has to explain why the maintenance of the thrust is necessary and proportionate. In any event, the independent administrative Senate shall determine whether, at the time of its decision, the conditions governing the continuation of the thrust are in place and whether the maintenance of the thrust is proportionate.

(8) The Authority shall immediately inform a stranger, who shall be held in custody solely on the grounds of paragraph 3 or 4, immediately in writing. "

82. The 10. The main item with headline is:

" 10. Main item:

Legal advice

Legal advice on return decisions and return bans

§ 84. (1) In a procedure for the release of a return decision or a return ban, a legal adviser shall be provided free of charge to a stranger on a legal basis.

(2) Legal advisers have to advise the stranger in proceedings pursuant to § § 52 and 54 or to represent them on his request, unless the confiscation of a lawyer is required by law, as well as in the case of the creation of an interpreter support. Legal advisors are entitled and, at the request of the stranger, are obliged to participate in all procedural acts that serve the maintenance of the party's hearing and have to participate in the conduct of the proceedings in such a way that there is no unnecessary Delay is coming. § 7 AVG applies.

(3) Legal advice shall only take place in the offices of the authority, except where the foreign is held in detention, criminal or pre-trial detention; in this case, legal advice shall be held at the place of residence of the stranger.

(4) The Federal Minister for Home Affairs decrees the amount of compensation of legal advisers for the time and effort involved. If a legal person is entrusted with legal advice, the Federal Minister of the Interior shall assign the amount of the compensation for the time and work expenses for legal advice, including the interpretation costs in the form of lump sums pro foreign counselors. The compensation shall be based on the previously obtained offer of the responsible legal person.

Legal advice on deportation, detention, funds and other commands and forced violence

§ 85. (1) In the case of deportation, detention, or any other means of command and forced violence, a legal adviser shall be provided free of charge to a stranger with the authority of the authority.

(2) Legal advisers have to advise the stranger in case of residency measures or to represent them on his/her request, unless a lawyer is required by law, as well as in the case of the creation of a translator. Legal advisors are entitled and, at the request of the stranger, are obliged to participate in all procedural acts that serve the maintenance of the party's hearing and have to participate in the conduct of the proceedings in such a way that there is no unnecessary Delay is coming. § 7 AVG applies.

(3) Legal advice shall only take place in the offices of the authority, except where the foreign is held in detention, criminal or pre-trial detention; in this case, legal advice shall be held at the place of residence of the stranger.

(4) The Federal Minister for Home Affairs decrees the amount of compensation of legal advisers for the time and effort involved. If a legal person is entrusted with legal advice, the Federal Minister of the Interior shall assign the amount of the compensation for the time and work expenses for legal advice, including the interpretation costs in the form of lump sums pro foreign counselor. The compensation shall be based on the previously obtained offer of the responsible legal person.

Request profile for legal advisors and for legal persons

§ 86. (1) Legal advisers have to prove:

1.

the successful completion of a right-of-law studies,

2.

the successful completion of a four-year period of study, including a three-year continuous activity in the field of tourist law, or

3.

at least five years of continuous activity in the field of tourism.

(2) Legal advisers are independent and have no instructions to perform their duties. They shall carry out their deliberation objectively and in accordance with the best of their knowledge and shall be obliged to perform their duties as a matter of secrecy in their performance.

(3) During the term of his contractual relationship, a legal advisor shall provide assurance for his reliability and shall refrain from any conduct which may be appropriate.

1.

to keep the conscientious perception of his duties,

2.

give the impression of a performance of his duties which is contrary to his/her duties; or

3.

to endanger official secrecy.

(4) The selection of legal advisors pursuant to § § 84 and 85 shall be the responsibility of the Federal Minister of the Interior.

(5) The duration of the respective legal advice relationship is governed by the contract to be concluded with the Federal Minister of the Interior. A reappointment as legal advisor does not justify an indefinite contractual relationship. If a legal adviser repeatedly and persistently breaches his duties, his contract can be terminated with immediate effect.

(6) The Federal Minister of the Interior may also entrust legal persons with the concern of legal advice pursuant to § § 84 and 85.

(7) Betrauung shall be permitted only if the legal person, in particular:

1.

has a sufficient number of legal advisors to provide comprehensive legal advice in the federal territory,

2.

have access to a sufficient number of interpreters in support of legal advice,

3.

ensure regular training for the legal advisers that it employs.

4.

have the necessary funds and resources to ensure comprehensive legal advice and interpretation in the Federal Republic of Germany, and

5.

on the organisational possibilities that are necessary to administer a legal advice system.

In the case of betting, care must be taken to ensure that legal persons who are to be selected provide guarantees for the proper performance of their duties, in particular because of their respective fields of activity, as well as their financial and economic Performance.

(8) The legal person shall have to employ only those legal advisers who fulfil the conditions laid down in paragraphs 1, 2 and 3 and shall immediately notify the legal person of the position of the legal person responsible for the legal person.

(9) The Federal Minister of the Interior may revoke the betting of individual legal persons with immediate effect and revoke the powers granted therewith if the legal person no longer fulfils a condition pursuant to paragraph 7 or if: -repeated and persistent breaches of duty by the Commission with the implementation of legal advice. In such cases, the legal person shall not be entitled to any claims against the Federal Government, which go beyond the compensation for completed deliberations.

83. § 87 together with the title shall be deleted.

84. In § 94 (2), the word "Border Control" by the word "Border crossing control" replaced.

85. In § 97 (1), the word order shall be "expulsion or ban on residence" through the phrase "Return decision, expulsion or ban on residence" replaces and becomes the phrase "to be deported" through the phrase "voluntarily return or be deported" replaced.

86. § 99 reads:

" § 99. (1) The tourist authorities are empowered to treat a stranger in recognition of their recognition service if:

1.

he is in custody;

2.

he was arrested under this federal law;

3.

he is not legally resident in the federal territory, will enter this stay and already the 14. Year of life has been completed;

4.

has been issued a return decision, expulsion or a ban on residence;

5.

there is a suspicion that, among other things, there is a ban on the residence ban, or an entry ban, which is still in force;

6.

it is to be issued with a passport or a passport;

7.

he/she is to be granted an authorisation for re-entry during the period of validity of an entry or residence ban (§ 72) or a special authorization for eighteen months after a rejection or a repatriation or a repatriation of the residence permit; or

8.

the identification of his identity is not possible in any other way.

(2) The Austrian representative authorities are authorized to treat strangers in the cases referred to in paragraph 1 (1) (6) and (7) of the recognition service.

(3) Recognition service data shall be deleted from its own account if:

1.

the death of the person concerned is known and has since passed for five years;

2.

in the cases referred to in paragraph 1 (7), two years have elapsed since the recognition of the service;

3.

in the cases referred to in paragraph 1 (1) (1) to (3), neither a return decision, a ban on residence nor an expulsion or a repatriation have been made and two years have passed since the recognition of the service;

4.

either a return decision, a residence ban or an expulsion order has not been issued or the period of validity of the entry or residence ban has expired or an order has been withdrawn;

5.

have passed since the rejection, repatriation, the release of the return decision, or the expulsion of five years;

6.

the suspicion referred to in paragraph 1 Z 5 is not confirmed;

7.

the application referred to in paragraph 1 (6) before the issue of the tourist pass or the passport for prevention is withdrawn, or the period of validity of the last passport or Convention passport, which was last granted to the foreign person, has expired for ten years;

8.

the person concerned will be granted Austrian citizenship.

(4) The tourist authorities and the representative authorities are authorized to treat strangers in proceedings relating to visas for recognition. Such recognition-service data shall be deleted from its own account if the retention period for the data retention pursuant to Article 23 of the VIS Regulation has expired.

(5) § § 64 and 65 (4), 5, 1. Sentence and 6 as well as § 73 sec. 7 SPG apply. A person's determination may be made in the cases referred to in paragraphs 1, Z 1, 2, 3 and 6. "

87. In § 100, the quote is given in para. 2 "§ 99 (1) (2)" by quoting "§ 99 (1) Z 3" replaced.

88. In § 100, the quote is made in paragraph 3 "§ 99 (1) (5) and (6)" by quoting "§ 99 (1) (6) and (7)" replaced.

89. In § 100, in paragraph 4, the quote "§ 99 (1) (1) to (5) and (7)" by quoting "§ 99 (1) (1) to (6) and (8)" replaced.

90. In Section 102 (1), in Z 15, the word "and" replaced by a paint, in Z 16 at the end of the paragraph, a supplement is placed and the following Z 17 and 18 are added as well as the final sales:

" 17.

Results of a multi-factorial study on age diagnosis and

18.

Results of a DNA analysis for the detection of a relative relationship

of a stranger in the tourist register (§ 101) together. "

91. In § § 102 (4) and 103 (1), the word sequence shall be deleted "abroad" .

92. In § 104, the word order is deleted in para. 1 "and to use" .

93. In § 105 (3), the word "Prohibition of stay" through the phrase "Return decisions and residence prohibitions" and the phrase "the prohibition of residence which has not been applied" through the phrase "the decision which is not in force" replaced.

94. In Section 105 (6), the phrase "expulsions according to § § 53 and 54 and residence bans according to § 60" through the phrase "Return decisions, expultions or residency prohibitions" replaced.

95. In § 105 (7), the word order shall be "expulsion for the reasons of § 66" through the phrase "Return decision or expulsion for the reasons of § 64" and the phrase "a settlement permit" through the phrase "a residence permit" replaced.

96. In § 105 (8), the quote "§ 67 (4)" by quoting "§ 60 (2)" replaced.

97. § 105 is added in accordance with section 9 of the following paragraph 10:

"(10) The driving licence authorities shall inform the competent authority of the Tourist Office of the issue of a driving licence to a stranger."

98. In § 106, the number shall be: "10" by the number "9" replaced.

99. In § 107 (2), after the word "Residence Title" the phrase "or entry title" and after the word "residence permits" the phrase "or entry title" inserted.

100. In Section 108 (1), the phrase in Z 2 shall be: "A prohibition of residence pursuant to § 60 (2) Z 5" through the phrase "a return decision or a ban on residence on the basis of a trawling action" replaced.

101. In Section 108 (2), the word order shall be "the ban on residence" through the phrase "the return decision or the ban on residence" replaced.

101a. In § 108, the following paragraph 4 is added:

" (4) The transfer of personal data of a foreign country to the country of origin is not permitted. Data required to obtain a replacement travel document may be transmitted. "

102. § 112 reads as follows:

" § 112. (1) Anyone who is a carrier

1.

has brought a stranger to Austria without a travel document and without the necessary authorization (Section 111 (1)), or

2.

does not comply with its obligations under Section 111 (2) or (3),

shall be subject to an administrative surrender and shall be punished with a fine of EUR 5 000 up to EUR 15 000.

(2) A carrier shall not be punished in accordance with paragraph 1 if the foreign person concerned is granted asylum or subsidiary protection in accordance with the Asylum Act 2005, or if it is established that the repatriation or deportation of the foreigner for reasons of the § § § 50 para. 1 is not permitted. "

103. Section 113 reads as follows:

" § 113. (1) The following costs incurred by the authority or the Confederation shall be replaced by the foreign:

1.

costs incurred in the enforcement of the return decision, expulsion, ban on residence or repatriation,

2.

the cost of the enforcement of the detention;

3.

costs incurred as expenses for the use of money,

4.

Interpreting costs.

(2) Anyone who employs a foreign person in accordance with § 3 (1) of the AuslBG has, in the case of the release of a return decision in accordance with § § 52 iVm 53 para. 1 and 2 Z 7, or a return ban in accordance with § § 54 (1) or a stay ban according to § § 63 (1) for the purpose of Section 53 (2) (7) against these strangers, to replace the costs in accordance with paragraph 1. The main contractor and all subcontractors are liable in solidarity, insofar as they knowingly tolerate the employment of the stranger by a subcontractor contrary to § 3 para. 1 AuslBG or the main contractor of his supervision obligation in accordance with Section 26 (6) of the AuslBG.

(3) Anyone who is obliged to pay the costs pursuant to Article 21 (6) with regard to a tourist authority or an Austrian representative authority shall bear the costs in accordance with paragraph 1.

(4) The carrier which does not comply with its obligations pursuant to Section 111 (2) to (6) shall reimbursethe costs incurred in connection with the refusal or the deportation of the stranger. This includes, in particular, costs incurred by the arrival of the stranger at the border crossing point to the completion of the exit

1.

for accommodation, food and medical care, including the costs incurred in the preparation and implementation of the refoulement and the costs of accompanying organs;

2.

the authority or the federal government shall, in the event of the necessary enforcement of the return decision and the ban on residence, arise, including the costs of the enforcement of the detention, the cost of interpretation, the cost of the ticket and the costs of the Costs for accompanying organisations.

(5) The carrier who is in compliance with his obligations under Section 111 (4), (5) or (6), but wishes to be accompanied by a refusal (§ 44), has to bear the costs for the accompanying organs.

(6) The costs for which the authority is to be replaced by the Authority shall be raised by the authority which has carried out the act of office and shall be allocated to the local authority which is responsible for the expenditure of that authority or of the institutions involved in the act. public security service. § 79 AVG is to be applied in a reasonable way. the costs of the enforcement of the detention and the costs incurred by the authority or the federal government as expenses for the use of funds, insofar as these costs cannot be brought into force in accordance with paragraphs 1, 2, 3 or 4, the local authority, which bears the burden of the authority issuing the detention order or which has placed the more money-bearing means. The Federal Government shall bear any other inexorable costs in accordance with paragraph 1 (1) and (4).

(7) The costs of legal advice in accordance with § § 84 and 85 shall be borne by the authority to which the foreign police procedure is to be attributed. "

104. In Section 117 (1), (2) and (3) and § 118 (1), (2) and (3), the word "Community law" by the word "Union Legal" replaced.

104a. Section 120 (1) reads as follows:

" (1) Anyone who is not legally entering the territory of the Federal Republic of Germany is subject to an administrative surrender and is punished with a fine of 100 euros up to 1 000 euros, in the case of their incriminality, with imprisonment of up to two weeks. Anyone who has already been punished by a final sentence for such a crime should be punished with a fine of EUR 1 000 up to EUR 5 000, in the case of their unenforceability, with a custodial sentence of up to three weeks. The place of entry shall be deemed to be the crime scene; when entering a public transport means, the nearest exit point where leaving the public transport means is possible in accordance with the road map of the transport operator shall be considered. "

104b. In Article 120, the following paragraph 1 is inserted after paragraph 1:

(1a) Anyone who is not legally resident in the territory of the Federal Republic of Germany shall be subject to an administrative surrender and shall be punished with a fine of EUR 500 up to EUR 2 500, in the case of their incriminality, with a custodial sentence of up to two weeks. Anyone who has already been punished by a final sentence for such a crime should be punished with a fine of EUR 2 500 up to EUR 7 500 or with a custodial sentence of up to four weeks. The place of entry or the last known stay shall be deemed to be the crime scene; when entering a public transport means, the nearest exit point at which the departure of the public transport means according to the timetable of the Transport operator is possible.

104c. In Section 120 (5), the word in Z 3 shall be: "or" by a dash and in Z 4 the point by the word "or" and the following Z 5 shall be added:

" 5.

during the time limit for voluntary departure in accordance with § § 55 or 55a. "

105. Section 121 (1) and (2) shall read:

" (1) Any obligations which the Authority has granted to the Authority pursuant to § 46a (1a), 54 (4), 56, 63 (4) or 71 shall be subject to an administrative surrender and shall be fined 100 euros up to 1 000 euro, in the event of their non-compliance with: Imprisonment for up to two weeks, punishable. Anyone who has already been punished by a final sentence for such a crime should be punished with a fine of EUR 1 000 up to EUR 5 000, in the case of their unenforceability, with a custodial sentence of up to three weeks. This does not apply if there is a case of § § 54 (5), 56 (3), 63 (5) or 71 (3).

(2) Anyone who is a stranger outside the territory in which he is condoned in accordance with § 12 (2) of the Asylum Act 2005, or violates a reporting obligation pursuant to § § 15 (1) Z 4 penultimate sentence or 15a Asylum Act 2005, is subject to an administrative surrender and is with Fines of € 100 up to EUR 1 000, in the case of their incrimination with imprisonment of up to two weeks, to be punished. Anyone who has already been punished in a legally binding manner for such a crime should be punished with a fine of EUR 1 000 up to EUR 5 000, in the case of their unenforceability, with imprisonment of up to three weeks. "

106. In Section 121 (3), Z 1 lit. a becomes the quote "§ 68" by quoting "§ 71" replaced.

107. In Section 121 (4), after the word order "or vehicles granted" the phrase "or to prevent the holding in containers according to § 36 (1a)" inserted.

107a. In Section 121 (5), the quote shall be: " 1, 2 or 4 " by quoting " 4 " replaced.

108. Section 121 shall be added after paragraph 6 of the following paragraph 7:

" (7) In the event of a suspicion of an administrative transgression pursuant to Sections 120 or 121 (1), 2 or 4, bodies of the Public Security Service may set and raise a provisional security up to an amount of EUR 1 000, in the Repeat case up to a sum of EUR 5 000. "

109. In § 125, paragraph 1 is deleted and the following paragraphs 14 to 20 are added:

" (14) Before the entry into force of the Federal Law BGBl. No 38/2011 issued expultions in accordance with § 53 shall be deemed to be a return decision in accordance with § 52 in the version of the Federal Law BGBl. I n ° 38/2011, with the proviso that a travel ban pursuant to section 53 of the Federal Law Gazette of the Federal Republic of Germany (BGBl) shall be replaced by the Federal Law Gazette. I n ° 38/2011 is not linked to it.

(15) Before the entry into force of the Federal Law BGBl. No 38/2011 issued expultions in accordance with § 54 shall be deemed to be expultions in accordance with § 62 in the version of the Federal Law BGBl. I No 38/2011.

(16) Before the entry into force of the Federal Law BGBl. No 38/2011 prohibitions pursuant to § 60 or the prohibition of return pursuant to § 62 shall continue to be valid until the stipulated date.

(17) Before the entry into force of the Federal Law BGBl. I n ° 38/2011 shall continue to apply in accordance with § 67 until the date of the fixed date.

(18) One before the entry into force of the Federal Law BGBl. 38/2011, the card issued to the patient retains its validity up to the fixed date.

(19) § § 84 to 86 in the version of the Federal Law BGBl. I No 38/2011 shall not apply to proceedings which have already been pending before 1 December 2011.

(20) Before the entry into force of the Federal Law BGBl. I n ° 38/2011 assessments and decisions pursuant to § 66 are deemed to be assessments and decisions in accordance with § 61 in the version of the Federal Law BGBl. I n ° 38/2011. '

110. The following paragraph 9 is added to Section 126:

" (9) § § 1 para. 2 and 3, 2 para. 4, 5 para. 1 Z 4, 6 para. 4, 4a, 6 and 8, § § 9 para. 1a, 10, 13 para. 2, the title of the 1. Section of the 4. Main piece, the title of § 15, § 15 (1) and (2), the title of the 3. Section of the 4. Main piece, § § 24 (1), (2) and (3), 24a, together with the title, the title of the 4. Section of the 4. Main piece, § 28 (1) and (2), the title of § 30, § 30 (1), (3) and (4), 31 (1a) and (2), 32 (1) and (2), 34 (2), 36 (1) (3) and (1a), 38, 41 (2), (2), (2), 41a, and the title, 45 (1), § 46 (1) to (3) and (6), 46a, 46b, and Title, 51 para. 1, the title of the 1. Section of the 8. Main piece, § § 52 to 60, including headlines, the title of the 2nd section of the 8. Main piece, § 61, the title of the 3. Section of the 8. Main piece, § § 62 to 64 with headlines, the title of the 4. Section of the 8. Main piece, § § 65 to 67 including headlines, the title of the 5. Section of the 8. Main piece, § § 68 to 71 including headlines, § 72 including the title, 73 para. 1, 74 (1) and 2, 76, 77 (1), 3, 6 and 7, 78 (6), 79 (5), § 80, 94 (2), 97 (1), 99, 100 (2) to (4), 102 (1) and (4), 103 (1), 104 (1), 105 (3), (6). 7, 8 and 10, § § 106, 107 (2), 108, 112, 113, 117 (1) to (3), 118 (1) to (3), 120 (1), (1a) and (5), 121 (1), (2), 3 (Z) 1 lit. a and paragraphs 4, 5 and 7, 125 para. 14 to 20 as well as the table of contents in the version of the Federal Law BGBl. I No 38/2011 shall enter into force on 1 July 2011. The headline of the 10. The main piece as well as § § 84 to 86, together with headlines in the version of the Federal Law BGBl. I No 38/2011 shall enter into force on 1 December 2011. § § 47, 84 to 87 together with transcripts and § 125 paragraph 1 in the version before the Federal Act BGBl. I No 38/2011 shall expire on 30 June 2011. '

Article 3

Amendment of the Asylum Act 2005

The Asylum Act 2005 (Asylum G 2005), BGBl. I n ° 100, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

1. In the table of contents the entries are in accordance with § § 64 to 66:

" § 64.

Legal advice in the admission procedure before the Federal Asyls Office

§ 65.

Advisory support in the approved procedure in front of the Federal Asyls Office

§ 66.

Legal advice before the Asylum Court "

2. In the table of contents, the following entry is inserted after the entry:

" § 66a.

Request profile for legal advisors and for legal persons "

3. In § 10 paragraph 2 Z 2 in lit. (h) the point is replaced by a stroke point and the following is lit. (i) added:

" (i)

the question as to whether the duration of the previous residence of the foreign person in the authorities is attributable to overlong delays. "

4. In § 10, the following paragraphs 7 and 8 are added:

" (7) If an expulsion is enforceable, it shall be deemed to be a enforceable return decision in accordance with the Foreign Police Act 2005 (FPG), BGBl. I No 100, and has to leave the foreigner on a voluntary basis within a period of 14 days. A period for voluntary departure does not exist if a return ban has been issued against the foreigner and for the cases of a rejecting decision in accordance with § 5 Asylum G 2005 or § 68 AVG and if a decision is due to a Procedure in accordance with § 38 shall be carried out; in such cases, the stranger shall have to leave immediately.

(8) With the release of the expulsion, the stranger is responsible for the immediate or timely departure and, where appropriate, the possibility of an application for the extension of the time limit for the voluntary departure of the local competent authority. To inform the Tourism Authority (§ 55a FPG), in particular for return assistance, as well as to draw attention to possible foreign police measures for the enforcement of the exile obligation (§ 46 FPG). "

5. In Section 12a (1) to (3), the Z 1 shall be:

" 1.

there is an upright expulsion or a return decision has been issued, "

5a. In Section 12a (3), in Z 2, the parenthesis shall be "(Section 67 (4) of the FPG)" by the parenthesis expression "(Section 58 (2) of the FPG)" replaced.

5b. In § 12a (3) (3) (3) (3), lit. a the word "Thrust" through the phrase "Detention, criminal or remand detention" replaced.

6. In § 13, the quote "§ 62 (1)" by quoting "§ 54 (1)" and the quote "§ 62" by quoting "§ 54" replaced.

7. In Section 15 (1), the point shall be replaced by a stroke in Z 6 and the following Z 7 shall be added:

" 7.

without prejudice to Z 1 to 6, to participate in the procedure and investigation steps required at the beginning of the authorisation procedure in accordance with section 29 (6). "

8. In § 15, the following paragraphs (3a) and (3b) shall be inserted:

" (3a) The asylum seeker whose proceedings are carried out at an initial reception office of the Bundesasylamtes shall, unless a presentation has been carried out in accordance with § 45, have to date from the introduction of the application for international protection until the conclusion of the proceedings. and investigative steps pursuant to § 29 (6), for a period of not more than 120 hours, to be kept available in the initial reception area. In cases where the stranger has filed the application for international protection from an institution of the public security service or a security authority and the stranger is to be presented in accordance with Section 43 (2) of the initial reception office, the period of 120 hours already with places of application for international protection. The period of 120 hours may be extended for a maximum of 48 hours in individual cases, if the contestation is arranged in front of an institution of the Federal Asylamtes according to § 29 para. 6 Z 6. This extension of the deadline must be communicated to the asylum seeker with a procedural arrangement (Section 63 (2) AVG).

(3b) (3a) shall not apply if:

1.

the asylum seeker the supply according to § 2 para. 4 and 5 Basic Supply Act-Federal Government 2005-GVG-B 2005, BGBl. No 405/1991,

2.

the asylum seeker is excluded from supply in accordance with Section 3 (1) of the GVG-B 2005,

3.

the asylum-seeker is stopped in school, criminal or pre-trial detention, or has to take shelter in the course of a more successful establishment in rooms designated by the authority, or

4.

the asylum seeker is a reborn child in accordance with § 17 (3). "

9. In § 17 (9) the last sentence is:

" This leaflet in particular relates to the obligation of the asylum seeker to keep himself available to the authorities for the purposes of a procedure under this federal law, to the legal consequences of an infringement, as well as to the beginning and end of the Notification of the obligation pursuant to Section 15 (3a) by issuing the relevant procedural card (§ 50). "

10. The following paragraph 13 is added to § 22:

" (13) If an expulsion pursuant to § 10 is enforceable, the Federal Asylate Office and the Asylum Tribunal shall immediately decide to extend a period for voluntary departure in accordance with Section 55a FPG of the competent Foreign Police Authority. , This shall not apply if a return ban has been issued against the stranger and for the cases of a rejecting decision in accordance with § 5 Asylum G 2005 or § 68 AVG and if a decision is to be carried out on the basis of a procedure according to § 38. "

11. In Section 24 (1), the turn shall be made in Z 1 "Co-action obligations (§ 15)" through the turn "Co-action obligations pursuant to § 15 (1)" replaced.

12. § 24 (4) reads:

" (4) An asylum-seeker unjustifiably removes himself from the initial reception when he/she

1.

is subject to the obligation to co-act pursuant to Section 15 (3a) and cannot be found in the initial reception office, or

2.

Despite being asked to do so by the Bundesasylamt in the authorisation procedure, or because of certain facts, it is assumed that he will not abide by such an appointment, and he did not arrive at the initial reception office can be.

The absence from the reasons mentioned in section 12 (2) (1) to (3) does not constitute an unjustified removal from the initial reception site. "

Section 26 (1) Z 2 reads as follows:

" 2.

has been unjustifiably removed from the initial reception office pursuant to section 24 (4) (2) (2) "

14. In § 29, the last sentence of paragraph 1 is deleted and the following paragraph 6 is added:

" (6) At the beginning of the admission procedure, the following procedure and investigation steps are to be carried out without unnecessary delay:

1.

the recognition service (Section 44 (5)) and the search (Section 44 (2));

2.

the issuing of an orientation and initial information on the asylum procedure in a language which is understandable to the asylum seeker;

3.

the documented information in accordance with Section 5 (3) of the GVG-B 2005 on the maintenance of order and security;

4.

The fulfilment of the legal obligations pursuant to § § 15 (4) and (17) (9);

5.

the consultation by bodies of the public security service referred to in paragraph 2;

6.

(§ 19 para. 2), if the asylum-seeker is summoned to these at the latest 24 hours before the end of the period according to § 15 para. 3a;

7.

the issuing of the procedural card in accordance with § 50;

8.

the investigations that are provided for in accordance with federal health regulations. "

15. In § 31 (1), after the word order "to apply the provisions of the second section" the point shall be replaced by a stroke, and the following half-sentence shall be inserted: "§ § 15 (3a) and 29 (6) shall not apply."

16. § 38 (1) Z 6 reads:

" 6.

a enforceable expulsion, a enforceable return decision or a enforceable ban on residence has been issued against the asylum seeker before the application for international protection has been lodged. "

17. In § 43 (2), after the phrase "to secure the expulsion" the phrase "or the return decision" inserted.

18. In Section 45 (2), in Z 1 after the phrase "an upright expulsion" the phrase "or an upright return decision" inserted.

19. In § 46, after the word order "to secure the expulsion" the phrase "or the return decision" inserted.

20. In Section 57 (1), the word in Z 5 shall be: "and" through a stroke point and in Z 6 the point by the word "and" shall be added and the following Z 7 shall be added:

" 7.

the authorities in accordance with the law of establishment and residence. "

20a. In § 57 (10) the phrase is deleted "and the identity of the asylum seeker has not been clarified" .

21. In Section 63 (2), in Z 2, after the word "expulsion" the phrase "or return decision" inserted and the word "Prohibition of stay" by the word "Return prohibitions" replaced.

22. The § § 64 to 66 are:

" Legal Advice in the Admissions Procedure before the Federal Asyls Office

§ 64. (1) In the authorisation procedure, an asylum seeker shall be provided free of charge to a legal adviser on a legal basis.

(2) Legal advisers shall have an asylum seeker before each one of Section 29 (3) Z 3 to 6 the following entry into the authorisation procedure relating to their asylum procedure and their prospects for granting the status of the right of asylum or of the subsidiary entitled to protection; to this end, if required by the Federal Asylum-Office of Interpreters, and to make the previous result of the investigation available on the whole scale. Legal advisors are obliged to participate in all the participation in the admissions procedure for the party's part.

(3) In the case of unaccompanied minor asylum seekers, the legal adviser, as a legal representative, has to participate in the admission procedure for each interview at the initial reception office and at any time of entry in the admission procedure.

(4) The Federal Asylate Office shall determine the jurisdiction of the legal advisors for each initial reception point, depending on the application of the application. The transfer of tasks to another legal adviser may be carried out on a case-by-case basis and only with the agreement of this consultant. If a legal person is entrusted with the provision of legal advice in the authorisation procedure, the Asylum Tribunal shall have only the legal adviser in the cases of Section 16 (3) and (5) and the Federal Asylate Office, even if the legal adviser is to be assigned to the legal counsel. Person.

(5) The Federal Minister of the Interior shall assign the amount of compensation to legal advisers for the time and effort involved. If a legal person is entrusted with legal advice in the authorisation procedure, the Federal Minister of the Interior shall assign the amount of the compensation for the time and work expenses for legal advice, including the interpretation costs in the form of Flat-rate payments per consultative asylum seeker. The compensation shall be based on the previously obtained offer of the responsible legal person.

Advisory support in the approved procedure in front of the Federal Asyls Office

§ 65. (1) Consultative support may be established at the offices of the Federal Office of the Federal Republic of Germany (Bundesasylamtes). Legal advisers working there shall support and advise asylum seekers free of charge in the approved procedure on the basis of factual possibilities, as well as in the case of the creation of an interpreter and, where appropriate, on the performance of return advice. There is no legal claim to support in the form of advisory services.

(2) The selection and appointment of the legal advisors for the respective branch office shall be the responsibility of the Federal Minister for the Interior; the order shall also be determined by the number of consulting hours to be provided.

(3) Legal advice must be carried out in accordance with the factual possibilities and only in the official hours of the Federal Council of the Federal Republic of Germany.

(4) The Federal Minister for Home Affairs decrees the amount of compensation of legal advisers for the time and effort involved. If a legal person is entrusted with the advisory support in the approved procedure before the Federal Asylate Office, the Federal Minister of the Interior shall assign the amount of the compensation for the time and work expenses for the advisory assistance including interpretation costs in the form of lump sums per consultative asylum seeker. The compensation shall be based on the previously obtained offer of the responsible legal person.

(5) The Legal Advisers shall report monthly to the Director of the Federal Asylamate on the nature and duration of the deliberations carried out.

Legal advice before the Asylum Court

§ 66. (1) In a appeal proceedings before the Asylum Court against back-or-out decisions concerning applications for international protection which are not subsequent applications, an asylum seeker shall be provided free of charge to a legal adviser on a legal basis. The Bundesasylamt has to inform the asylum seeker by means of a procedural arrangement and to inform the legal adviser appointed or the legal person responsible.

(2) Legal advisers assist and advise asylum seekers on the filing of a complaint in accordance with paragraph 1 and in the appeal proceedings before the Asylum Court, as well as in the case of the creation of an interpreter. In any case, legal advisers have to explain the success of their complaint to the advisers and, if necessary, to arrange for return advice.

(3) The Federal Chancellor allocates the amount of compensation to legal advisers for the time and effort involved. If a legal person is entrusted with the legal advice before the Asylum Court, the Federal Chancellor orders the amount of the compensation for the time and work expenses for legal advice, including the interpretation costs in the form of Flat-rate payments per consultative asylum seeker. The compensation shall be based on the previously obtained offer of the responsible legal person. "

23. In accordance with § 66, the following § 66a including the heading is inserted:

" Requirements profile for legal advisors and for legal persons

§ 66a. (1) Legal advisers have to prove:

1.

the successful completion of a right-of-law studies,

2.

the successful completion of a four-year period of study, including a three-year continuous activity in the field of tourist law, or

3.

at least five years of continuous activity in the field of tourism.

(2) Legal advisers are independent and have no instructions to perform their duties. They shall carry out their deliberation objectively and in accordance with the best of their knowledge and shall be obliged to perform their duties as a matter of secrecy in their performance.

(3) During the term of his contractual relationship, a legal advisor shall provide assurance for his reliability and shall refrain from any conduct which may be appropriate.

1.

to keep the conscientious perception of his duties,

2.

give the impression of a performance of his duties which is contrary to his/her duties; or

3.

to endanger official secrecy.

(4) The selection of legal advisers according to § 64 and 65 is the responsibility of the Federal Minister of the Interior, the selection of legal advisors pursuant to § 66 is the responsibility of the Federal Chancellor.

(5) The duration of the respective legal advice relationship depends on the contract to be concluded with the Federal Minister for Home Affairs or the Federal Chancellor. A reappointment as legal advisor does not justify an indefinite contractual relationship. If a legal adviser repeatedly and persistently breaches his duties, his contract can be terminated with immediate effect.

(6) The Federal Minister of the Interior may also entrust legal persons with the concern of legal advice in accordance with § 64 and the advisory support pursuant to § 65, the Federal Chancellor may also have legal persons with the concern of legal advice. in accordance with § 66.

(7) Betrauung shall be permitted only if the legal person, in particular:

1.

has a sufficient number of legal advisors to provide comprehensive legal advice in the federal territory,

2.

have access to a sufficient number of interpreters in support of legal advice,

3.

ensure regular training for the legal advisers that it employs.

4.

have the necessary funds and resources to ensure comprehensive legal advice and interpretation in the Federal Republic of Germany, and

5.

on the organisational possibilities that are necessary to administer a legal advice system.

In the case of betting, care must be taken to ensure that legal persons who are to be selected provide guarantees for the proper performance of their duties, in particular because of their respective fields of activity, as well as their financial and economic Performance.

(8) The legal person shall have to employ only those legal advisers who fulfil the conditions laid down in paragraphs 1, 2 and 3 and shall immediately notify the legal person of the position of the legal person responsible for the legal person.

(9) The Federal Minister of the Interior and the Federal Chancellor may repeal the betting of individual legal persons with immediate effect and revoke the powers granted thereby if the legal person does not have a condition pursuant to paragraph 7 , or a breach of duty, repeated and persistent, with the implementation of legal advice or advisory assistance. In such cases, the legal person shall not be entitled to any claims against the federal government, which go beyond the compensation for completed deliberations. "

§ 72 Z 2 reads as follows:

" 2.

with regard to § § 36 (1) to (4), 37, 38 (2), 40, 41, 42 (2), (3), (61), (62), (66) and 75 (7) and (16) of the Federal Chancellor, "

23b. § 72 Z 7 lit. b is:

" (b)

as regards the last sentence of § 60 (6), in agreement with the Federal Minister of Finance. "

(24) The following paragraph 9 is added to § 73:

" (9) § § 10 (2) Z 2 and (7) and (8), 12a (1) to 3, 13, 15 (1) Z 6 and 7 and (3) and (3b) and (3b), 17 (9), 22 (13), 24 (1) and (4), 26 (1), (1), (1), (1), (1), (1), (1), (1), (2), (1), (2), (2), (1), (1), (1), (2), (1), (2), ( and (10), 63 (2) (2), 72 (2) and (7) (lit). b and 75 (8), (15) and (16) in the version of the Federal Law BGBl. I No 38/2011 shall enter into force on 1 July 2011. § § 64 to 66a, together with the headings and the table of contents in the version of the Federal Law BGBl. I n ° 38/2011 will be 1. October 2011, in force. "

24a. In § 75 para. 8 the quote is " BGBl. I No.122/2009" by quoting " BGBl. I No 38/2011 " replaced.

25. The following paragraphs 15 to 16 are added to § 75:

" (15) § 66 in the version of the Federal Law BGBl. I No 38/2011 shall be applied to all proceedings pending at the Federal Asylum Office on 30 September 2011, with the proviso that they shall be subject to the conditions laid down in the first paragraph of this Article. The decision will be taken in October 2011.

(16) The asylum seeker whose appeal proceedings before the Asylum Court is pending against a back-or-repellant decision on the basis of an application for international protection, which is not a subsequent application, on 30 September 2011, can be submitted by 31 December 2011 at the latest. In accordance with § 66 of the Federal Law of the Federal Republic of Germany (Bundesgesetz BGBl), the official website of a legal counsellor pursuant to § 66 of October 2011. I n ° 38/2011 at the Asylum Court. A single judge shall decide on this request with a procedural arrangement. In addition, this also applies to proceedings pending on 30 September 2011 in accordance with the provisions of the Asylum Act 1997. "

Article 4

Amendment of the Basic Supply Act-Federal Government 2005

The Basic Supply Act-Federal Government 2005 (GVG-B 2005), Federal Law Gazette (BGBl). No. 405/1991, as last amended by the Federal Law BGBl. I n ° 122/2009, shall be amended as follows:

1. In § 1, the point shall be replaced by a stroke point in Z 5 and the following Z 6 shall be added:

" 6.

the Dublin Regulation: Regulation 2003 /343/EC laying down the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, OJ L 327, 28.3.2003, p. OJ L 50, 25.2.2003, p. 1.

2. The following last sentence is added to section 2 (1):

" In the course of consultations according to the Dublin Regulation or in the case of rejecting decisions in accordance with § 5 Asylum Act 2005, in agreement with the relevant competent authority of the federal state concerned, foreign persons in the care facilities of the Federal Republic of Germany may be consulted. shall be housed and supplied by the federal state concerned. Section 6 (1) shall apply mutatily. "

2a. In § 6, the following paragraph 3 is added:

" (3) If, due to other legislation or for factual reasons, persons are supplied in a care facility of the Federal Republic of Germany, the Federal Asylamt shall be the competent authority. Section 2 (4) to (7) shall apply mutatily. "

3. In Section 12 (1), the phrase "Refugees in the sense of the Asylum Law" through the phrase "Asylum Seekers" replaced.

4. The following paragraph 15 is added to § 16:

" (15) § § 1 Z 5 and 6, 2 para. 1, 6 para. 3 and 12 para. 1 in the version of the Federal Law BGBl. I No 38/2011 will enter into force on 1 July 2011. '

Article 5

Amendment of the Citizenship Act 1985

The State Citizenship Act 1985 (StbG), BGBl. N ° 311, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

1. § 10 para. 2 Z 1 reads:

" 1.

certain facts pursuant to § 53 (2) (2), (3), (5), (8), (9) and (3) of the Foreign Police Act 2005 (FPG), BGBl. I No 100; Article 53 (5) of the FPG (FPG) applies; "

2. § 10 para. 2 Z 4 to 6 reads:

" 4.

a enforceable return decision pursuant to Section 52 of the FPG or an upright ban on residence pursuant to Sections 63 or 67 of the FPG (FPG);

5.

is subject to a return decision by another EEA State or Switzerland;

6.

Against him the entry ban accompanying a return decision in accordance with § 52 FPG continues to be upright or against him in the last 18 months an expulsion according to § § 62 or 66 FPG or § 10 Asylum Act 2005 (Asylum G 2005), BGBl. I No 100, which has been passed by a final decision or

3. In Section 10, Section 4, Z 1, the parenthesis shall be "(§ § 33 or 34)" by the parenthesis expression "(§ § 32 to 34)" replaced.

4. § 10a (1) (1) (1) reads:

" 1.

Sufficient knowledge of German in accordance with § 14 paragraph 2 Z 2 NAG and "

5. § 10a (2) (3) (3) reads:

" 3.

Foreign persons who, because of their physically or mentally permanently poor state of health, are not able to provide the evidence and this is proved by an official medical opinion. "

6. In Section 10a (4) (2), the citation shall be "§ 14 (5) Z 2 to 5 and 7 NAG" by quoting "§ 14b (2) NAG" replaced.

7. In § § 11a (1) Z 3, 12 Z 2, 16 (1) Z 4 and § 17 (1) final sales, the quote shall be: "§ 33" by quoting "§ § 32 or 33" replaced.

8. In § § 12, Z 1 and 35, the expression of the staples shall be "(§ § 33 and 34)" by the parenthesis expression "(§ § 32 to 34)" replaced.

9. § 15 para. 1 Z 1 reads:

" 1.

by a enforceable return decision in accordance with § 52 FPG or by a legally binding residence ban according to § § 63 or 67 FPG; "

10. In Section 15 (2), the phrase "the ban on residence" through the phrase "the return decision or the ban on residence" replaced.

11. In § 32 the first sentence reads:

"A citizen who voluntarily enters the military service of a foreign state is to withdraw citizenship."

12. In § 53 is in Z 5 lit. e replace the point at the end of the sentence by a stroke, and the Z 6 is deleted.

13. In § 59 (3), the quote "§ § 43 (7), 45 (7) and 48 (4) NAG" by quoting "§ § 41a (8), 45 (10) and 48 (5) NAG" replaced.

14. The following paragraphs 11 to 13 are added to § 64a:

" (11) At the time of the entry into force of the Federal Law BGBl. In accordance with the provisions of Regulation (EC) No 38/2011, the following provisions are pending before the Federal Law Gazette (BGBl). I n ° 38/2011.

(12) Procedure on the basis of a prior to the entry into force of the Federal Law BGBl. In accordance with the provisions of Section 20 (1), the provisions adopted pursuant to Article 20 (1) shall be completed in accordance with the provisions of the version valid on 30 June 2011.

(13) § § 10 (2) Z 1, 4 to 6 and (4) Z 1, 10a (1), (1), (2) Z 3 and (4) Z 2, 11a (1) Z 3, 12 Z 1 and 2, 15 (1) Z 1 and (2), 16 (1) Z 4, 17 (1), 32, 35, 53 Z 5 lit. e, 59 (3) and 64a (11) and (12) in the version of the Federal Law BGBl. I No 38/2011 shall enter into force on 1 July 2011. § 53 Z 6 shall expire on 30 June 2011. "

Fischer

Faymann