Key Benefits:
438. Ordinance of the Federal Government, which sets out the number of settlement permits subject to quota and the maximum number of employment permits for temporary employees and harvest workers for the year 2010 (Establishment regulation 2010-NLV 2010)
On the basis of § 13 of the German Law on the Law of the Niederlassungs-und Aufenthaltsgesetz (NAG), BGBl. I n ° 100/2005, as last amended by the Federal Law BGBl. I n ° 38/2009, shall be assigned in agreement with the Main Committee of the National Council:
Quota-based settlement permits
§ 1. In 2010, no more than 8145 settlement authorisations subject to a quota may be granted in accordance with Section 13 (2) and (4) of the NAG.
Temporary employed strangers and harvest workers
§ 2. (1) In 2010, the Federal Minister of Labour, Social Affairs and Consumer Protection (Federal Minister for Labour, Social Affairs and Consumer Protection) may have regulations pursuant to Section 5 (1) (1) (1) and (1a) of the Foreigners Employment Act (AuslBG), BGBl. No. 218/1975, as last amended by the Federal Law BGBl. I n ° 91/2009, up to 7500 employment permits for temporary employees are granted, with which a related entry and residence right according to § 24 of the Foreign Police Law 2005 (FPG), BGBl. I n ° 100, as last amended by the Federal Law BGBl. I n ° 29/2009 (Section 13 (5) (1) of the NAG).
(2) In 2010, up to 7500 employment permits for harvest workers may be issued pursuant to the regulations of the Federal Minister of Labour, Social Affairs and Consumer Protection in accordance with Article 5 (1) (2) and (1a) of the AuslBG (German AuslBG), with which the right of entry and residence according to § 24 FPG may be granted (§ 13 paragraph 5 Z 2 NAG).
Quota-based settlement permits
§ 3. (1) In 2010, the Burgenland a maximum of 175 quota-subject settlement authorisations shall be granted,
| 1. |
80 establishment permits for key personnel who are not self-employed, as well as for family members of self-employed or self-employed key forces (§ 13 para. 2 Z 1 NAG); |
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| 2. |
10 Establishment permits for self-employed key forces (§ 13 para. 4 NAG); |
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| 3. |
50 establishment permits for family members of third-country nationals for the purpose of family reunification in the cases of Section 46 (4) of the NAG (§ 13 paragraph 2 Z 3 NAG); |
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| 4. |
15 residence permits for third-country nationals and members of their families who are allowed to settle in Austria on a permanent basis without any intention to work (Article 13 (2) (2) (5) NAG); |
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| 5. |
15 residence permits for third-country nationals who are in possession of a residence permit "permanent residence-EC" of another Member State of the European Union and who wish to come to Austria (Article 13 (2) (2) of the NAG), |
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| a) |
5 establishment permits for the pursuit of an activity in an unself-employed capacity (Article 49 (2) NAG); |
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| b) |
5 Establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and |
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| c) |
5 residence permits without the pursuit of an employment (§ 49 para. 1 NAG); |
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| 6. |
5 residence permits for third-country nationals who are in the possession of a "residence permit-national" and seek a change in purpose to a "settlement permit-limited" (Section 13 (2) (4) of the NAG). |
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(2) In 2010, Carinthia No more than 240 quota-subject settlement permits shall be issued,
| 1. |
100 establishment permits for key personnel who are not self-employed, as well as for family members of self-employed or self-employed key forces (§ 13 para. 2 Z 1 NAG); |
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| 2. |
20 permanent residence permits for self-employed key forces (§ 13 para. 4 NAG); |
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| 3. |
70 establishment permits for family members of third country nationals for the purpose of family reunification in the cases of § 46 para. 4 NAG (§ 13 para. 2 Z 3 NAG); |
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| 4. |
30 permanent residence permits for third-country nationals and members of their families who are allowed to settle in Austria on a permanent basis without regard to employment (Article 13 (2) (2) (5) NAG); |
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| 5. |
15 residence permits for third-country nationals who are in possession of a residence permit "permanent residence-EC" of another Member State of the European Union and who wish to come to Austria (Article 13 (2) (2) of the NAG), |
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| a) |
5 establishment permits for the pursuit of an activity in an unself-employed capacity (Article 49 (2) NAG); |
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| b) |
5 Establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and |
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| c) |
5 residence permits without the pursuit of an employment (§ 49 para. 1 NAG); |
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| 6. |
5 residence permits for third-country nationals who are in the possession of a "residence permit-national" and seek a change in purpose to a "settlement permit-limited" (Section 13 (2) (4) of the NAG). |
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(3) In 2010, Lower Austria a maximum of 580 quota-based settlement authorisations shall be granted;
| 1. |
200 permanent residence permits for key personnel who are not self-employed, as well as for family members of self-employed or self-employed key forces (§ 13 para. 2 Z 1 NAG); |
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| 2. |
20 permanent residence permits for self-employed key forces (§ 13 para. 4 NAG); |
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| 3. |
300 establishment permits for family members of third country nationals for the purpose of family reunification in the cases of § 46 para. 4 NAG (§ 13 para. 2 Z 3 NAG); |
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| 4. |
25 residence permits for third-country nationals and members of their families who are allowed to settle in Austria on a permanent basis without any intention to work (Article 13 (2) (2) (5) NAG); |
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| 5. |
15 residence permits for third-country nationals who are in possession of a residence permit "permanent residence-EC" of another Member State of the European Union and who wish to come to Austria (Article 13 (2) (2) of the NAG), |
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| a) |
5 establishment permits for the pursuit of an activity in an unself-employed capacity (Article 49 (2) NAG); |
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| b) |
5 Establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and |
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| c) |
5 residence permits without the pursuit of an employment (§ 49 para. 1 NAG); |
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| 6. |
20 residence permits for third-country nationals who are in the possession of a "residence permit-national" and seek a change in purpose to a "settlement permit-limited" (Section 13 (2) (4) of the NAG). |
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(4) In 2010, Upper Austria at the most 950 quota-subject settlement permits shall be granted,
| 1. |
225 permanent residence permits for non-self-employed workers, as well as for family members of self-employed or self-employed key forces (§ 13 para. 2 Z 1 NAG); |
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| 2. |
15 residence permits for self-employed key forces (§ 13 para. 4 NAG); |
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| 3. |
650 establishment permits for family members of third country nationals for the purpose of family reunification in the cases of § 46 para. 4 NAG (§ 13 para. 2 Z 3 NAG); |
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| 4. |
15 residence permits for third-country nationals and members of their families who are allowed to settle in Austria on a permanent basis without any intention to work (Article 13 (2) (2) (5) NAG); |
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| 5. |
15 residence permits for third-country nationals who are in possession of a residence permit "permanent residence-EC" of another Member State of the European Union and who wish to come to Austria (Article 13 (2) (2) of the NAG), |
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| a) |
5 establishment permits for the pursuit of an activity in an unself-employed capacity (Article 49 (2) NAG); |
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| b) |
5 Establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and |
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| c) |
5 residence permits without the pursuit of an employment (§ 49 para. 1 NAG); |
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| 6. |
30 permanent residence permits for third-country nationals who are in the possession of a "residence permit-member" and seek a change of purpose to a "settlement permit-limited" (Section 13 (2) (4) of the NAG). |
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(5) In 2010, Salzburg a maximum of 465 quota authorisations subject to a quota system;
| 1. |
100 establishment permits for key personnel who are not self-employed, as well as for family members of self-employed or self-employed key forces (§ 13 para. 2 Z 1 NAG); |
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| 2. |
10 Establishment permits for self-employed key forces (§ 13 para. 4 NAG); |
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| 3. |
300 establishment permits for family members of third country nationals for the purpose of family reunification in the cases of § 46 para. 4 NAG (§ 13 para. 2 Z 3 NAG); |
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| 4. |
25 residence permits for third-country nationals and members of their families who are allowed to settle in Austria on a permanent basis without any intention to work (Article 13 (2) (2) (5) NAG); |
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| 5. |
15 residence permits for third-country nationals who are in possession of a residence permit "permanent residence-EC" of another Member State of the European Union and who wish to come to Austria (Article 13 (2) (2) of the NAG), |
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| a) |
5 establishment permits for the pursuit of an activity in an unself-employed capacity (Article 49 (2) NAG); |
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| b) |
5 Establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and |
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| c) |
5 residence permits without the pursuit of an employment (§ 49 para. 1 NAG); |
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| 6. |
15 residence permits for third-country nationals who are in the possession of a "residence permit-member" and seek a change of purpose to a "settlement permit-limited" (Section 13 (2) (4) of the NAG). |
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(6) In 2010, the Steiermark a maximum of 800 quota-based settlement permits shall be granted,
| 1. |
195 permanent residence permits for key personnel who are not self-employed, as well as for family members of self-employed or self-employed key forces (§ 13 para. 2 Z 1 NAG); |
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| 2. |
15 residence permits for self-employed key forces (§ 13 para. 4 NAG); |
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| 3. |
500 establishment permits for family members of third-country nationals for the purpose of family reunification in the cases of § 46 para. 4 NAG (§ 13 para. 2 Z 3 NAG); |
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| 4. |
35 permanent residence permits for third-country nationals and members of their families who are allowed to settle in Austria on a permanent basis without any intention to work (Article 13 (2) (2) (5) NAG); |
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| 5. |
15 residence permits for third-country nationals who are in possession of a residence permit "permanent residence-EC" of another Member State of the European Union and who wish to come to Austria (Article 13 (2) (2) of the NAG), |
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| a) |
5 establishment permits for the pursuit of an activity in an unself-employed capacity (Article 49 (2) NAG); |
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| b) |
5 Establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and |
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| c) |
5 residence permits without the pursuit of an employment (§ 49 para. 1 NAG); |
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| 6. |
40 permanent residence permits for third-country nationals who are in the possession of a "residence permit-member" and seek a change of purpose to a "settlement permit-limited" (Section 13 (2) (4) of the NAG). |
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(7) In 2010, Tyrol no more than 480 quota-subject settlement permits shall be issued,
| 1. |
115 permanent residence permits for key personnel who are not self-employed, as well as for family members of self-employed or self-employed key forces (§ 13 para. 2 Z 1 NAG); |
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| 2. |
15 residence permits for self-employed key forces (§ 13 para. 4 NAG); |
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| 3. |
300 establishment permits for family members of third country nationals for the purpose of family reunification in the cases of § 46 para. 4 NAG (§ 13 para. 2 Z 3 NAG); |
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| 4. |
20 residence permits for third-country nationals and members of their families who are allowed to settle in Austria on a permanent basis without any intention to work (Article 13 (2) (2) (5) NAG); |
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| 5. |
15 residence permits for third-country nationals who are in possession of a residence permit "permanent residence-EC" of another Member State of the European Union and who wish to come to Austria (Article 13 (2) (2) of the NAG), |
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| a) |
5 establishment permits for the pursuit of an activity in an unself-employed capacity (Article 49 (2) NAG); |
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| b) |
5 Establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and |
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| c) |
5 residence permits without the pursuit of an employment (§ 49 para. 1 NAG); |
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| 6. |
15 residence permits for third-country nationals who are in the possession of a "residence permit-member" and seek a change of purpose to a "settlement permit-limited" (Section 13 (2) (4) of the NAG). |
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(8) In 2010, Vorarlberg a maximum of 295 quota-subject settlement authorisations shall be granted;
| 1. |
85 establishment permits for key employees who are not self-employed, as well as for family members of self-employed or self-employed key forces (§ 13 para. 2 Z 1 NAG); |
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| 2. |
10 Establishment permits for self-employed key forces (§ 13 para. 4 NAG); |
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| 3. |
170 Establishment permits for family members of third country nationals for the purpose of family reunification in the cases of Section 46 (4) of the NAG (§ 13 paragraph 2 Z 3 NAG); |
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| 4. |
10 permanent residence permits for third-country nationals and members of their families who are allowed to settle in Austria on a permanent basis (Article 13 (2) (5) of the NAG) without the need for a working view; |
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| 5. |
15 residence permits for third-country nationals who are in possession of a residence permit "permanent residence-EC" of another Member State of the European Union and who wish to come to Austria (Article 13 (2) (2) of the NAG), |
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| a) |
5 establishment permits for the pursuit of an activity in an unself-employed capacity (Article 49 (2) NAG); |
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| b) |
5 Establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and |
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| c) |
5 residence permits without the pursuit of an employment (§ 49 para. 1 NAG); |
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| 6. |
5 residence permits for third-country nationals who are in the possession of a "residence permit-national" and seek a change in purpose to a "settlement permit-limited" (Section 13 (2) (4) of the NAG). |
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(9) In 2010, Vienna a maximum of 4160 permanent settlement authorisations subject to a quota system,
| 1. |
1350 establishment permits for key employees who are not self-employed, as well as for family members of self-employed or self-employed key forces (§ 13 para. 2 Z 1 NAG); |
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| 2. |
80 establishment permits for self-employed key forces (§ 13 para. 4 NAG); |
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| 3. |
2565 residence permits for family members of third country nationals for the purpose of family reunification in the cases of § 46 para. 4 NAG (§ 13 para. 2 Z 3 NAG); |
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| 4. |
60 permanent residence permits for third-country nationals and members of their families, who are allowed to settle in Austria on a permanent basis without a view to their employment (Article 13 (2) (5) of the NAG); |
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| 5. |
45 Establishment permits for third-country nationals who are in possession of a residence permit "permanent residence-EC" of another Member State of the European Union and wish to come to Austria (Article 13 (2) (2) of the NAG), |
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| a) |
25 residence permits for the pursuit of a paid employment (§ 49 para. 2 NAG); |
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| b) |
10 Establishment permits for the exercise of self-employment (§ 49 para. 4 NAG) and |
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| c) |
10 permits of establishment without the pursuit of a professional activity (§ 49 para. 1 NAG); |
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| 6. |
60 permanent residence permits for third-country nationals who are in the possession of a "residence permit-member" and seek a change of purpose to a "settlement permit-limited" (Section 13 (2) (4) of the NAG). |
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entry into force
§ 4. This Regulation shall enter into force 1. Jänner 2010 in force.
Faymann Pröll Spindelegger Hundstorfer Heinisch-Hosek Stöger Fekter Bandion-Ortner Berlakovich Darabos Schmied Bures Mitterlehner Hahn
