122. Federal Law, with which the Asylum Act 2005, the Foreigners Police Act 2005, the Fees Act 1957, the Basic Supply Act-Federal Government 2005, the Law on the Residence and the Residence Act, the Law of the Citizenship in 1985 and the Eradication Act in 1972 amended (Tourism Change Law 2009-FrÄG 2009)

The National Council has decided:

table of contents

Article 1	Amendment of the Asylum Act 2005
Article 2	Amendment of the Tourism Act 2005
Article 3	Amendment of the Fees Act 1957
Article 4	Amendment of the Basic Supply Act-Federal Government 2005
Article 5	Amendment of the law on the establishment of a residence and residence permit
Article 6	Amendment of the Citizenship Act 1985
Article 7	Amendment to the 1972 Tilgungsgesetz

Article 1

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 ° 29/2009, shall be amended as follows:

1. In Section 2 (1), in Z 24, the point at the end of the sentence shall be replaced by a line-point and the following Z 25 shall be added:

" 25.		multifactorial investigation methodology: a model for age diagnosis based on the state of science based on three individual medical examinations (in particular physical, dental and X-ray examination). "

2. The following paragraph 3 is added to § 2:

" (3) A stranger has become a criminal offence within the meaning of this Federal Law, if he

1.		in respect of a deliberate act committed intentionally, which falls within the jurisdiction of the Regional Court, or
2.		more than once for any other intentional act which has been committed intentionally and which has to be prosecuted by the Office
has been legally convicted. "

3. In § 7, the previous paragraphs 2 and 3 receive the sales designations "(3)" and "(4)" and the following paragraph 2 shall be inserted:

"(2) In any case, a procedure for the withdrawal of the status of the person entitled to asylum shall be initiated if the foreign person has become a criminal offence (§ 2 para. 3) and the existence of the conditions pursuant to para. 1 is probable."

4. In Section 7 (3) (new), after the phrase "The Federal Asylate Office can be a stranger" the phrase " , which has not become a criminal offence (§ 2 para. 3), " inserted.

5. In accordance with Section 8 (3), the following paragraph 3a is inserted:

" (3a) If an application for international protection with regard to the granting of the status of subsidiary protection is not already lacking in the absence of a condition pursuant to para. 1 or on the grounds of (3) or (6), a dismissal shall also: if there is a reason for superstition in accordance with Section 9 (2). In this case, the dismissal must be linked to the finding that a refusal, repatriation or deportation of the stranger to his State of origin is inadmissible, since this constitutes a real danger of an infringement of Article 2 of the ECHR, Article 3 of the ECHR or of the Protocol No 6 or No 13 to the Convention, or a serious threat to life or integrity as a result of indiscriminate violence in the context of an international or national conflict with itself, as a civil person, would bring. This also applies in analogy to the determination that the status of the subsidiary entitled to protection is not to be recognised. "

6. In § 8 (4), after the word order "about the request of the stranger from the Federal Asylate Office" the phrase "for one more year in each case" inserted.

7. In § 9, the previous paragraph 2 receives the sales designation "(4)" and shall be inserted in the following paragraphs 2 and 3:

" (2) If the status of the subsidiary entitled to protection is not to be recognized for the reasons given in paragraph 1, it shall be withdrawn even if:

1.		is one of the reasons set out in Article 1 (F) of the Geneva Convention;
2.		the stranger poses a threat to the general public or to the security of the Republic of Austria; or
3.		the stranger has been legally convicted by a domestic court for a crime (§ 17 StGB). A conviction by a national court is to be convicted by a foreign court which is subject to the conditions of § 73 StGB (German Civil Code), BGBl. No 60/1974.
In such cases, the withdrawal of the status of the subsidiary entitled to protection shall be linked to the finding that a refusal, repatriation or deportation of the stranger to his State of origin is inadmissible, as this is a real danger an infringement of Article 2 of the ECHR, Article 3 of the ECHR or Protocols No 6 or No 13 to the Convention, or a serious threat to life or integrity as a result of indiscriminate violence within the framework of a civil person international or domestic conflict.

(3) In any case, a procedure for the withdrawal of the status of the subsidiary entitled to protection shall be initiated if the foreign person has become a criminal offence (§ 2 para. 3) and the existence of the conditions pursuant to para. 1 or 2 is probable. "

8. In § 10 (1), the point at the end of Z 4 is deleted, and the following final paragraph is added:

"and not a case of § § 8 (3a) or 9 (2)."

9. In Section 10 (5), the word order shall be "Community legal or non-Community right of establishment" through the phrase "Community right of residence or an indefinite right of establishment" replaced.

10. The following paragraph 6 is added to § 10:

"(6) Assignments referred to in paragraph 1 shall remain upright within 18 months from the departure of the stranger."

11. § 12 reads:

" § 12. (1) A foreigner who has filed a request for international protection in Austria may, except in the cases of § 12a, until the release of a enforceable decision, to the point of failure of the proceedings or after a setting up until the end of the period of the at the time when a continuation of the proceedings pursuant to section 24 (2) is no longer admissible, shall not be rejected, pushed back or deported (factual deportation protection); § 32 shall remain unaffected. His stay in the federal territory is tolerated. A right of residence on the basis of other federal laws remains unaffected. Section 36 (4) applies.

(2) The residence of a stranger who has filed a request for international protection and who is not entitled to a right of residence is for the duration of the admission procedure before the Federal Asylation Office only in the territory of the district administration office in which The place of residence within the meaning of section 15 (1) Z 4 is tolerated. In addition, his/her stay is tolerated throughout the Federal territory if and as long as this is

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 and treatment.
After completion of the admission procedure before the Federal Asylce Office, the stay of the foreigner, as long as he has factual deportation protection, is tolerated throughout the entire federal territory. "

12. In accordance with § 12, the following § 12a together with the heading is inserted:

" Factual Deportation Protection in Follow-up Applications

§ 12a. (1) If the third party has filed a subsequent application (Section 2 (1) (23)) after a rejecting decision in accordance with § 5 or after any further decision to be rejected pursuant to Section 5 of the following, rejecting decision pursuant to Section 68 (1) of the AVG he does not have a factual deportation protection if:

1.		is an upright expulsion against him,
2.		there is no case of section 39 (2) and
3.		remains a competence of the other State or continues to recognise or re-recognise the competence of the other State.

(2) If the foreigner has filed a subsequent application (Article 2 (1) (23)) and is not present in the first paragraph of paragraph 1, the Federal Asylate Office may lift the factual deportation protection of the foreign if:

1.		is an upright expulsion against him,
2.		the application is likely to be rejected, because no significant change in the relevant facts has occurred; and
3.		Refoulement, repatriation or deportation shall not constitute a real risk of an infringement of Articles 2, 3 or 8 of the ECHR or of Protocols 6 or 13 to the Convention and, as a civil person, shall not constitute a serious threat to life or to the death of the person. It would be incomprehensible as a result of indiscriminate violence in the context of an international or national conflict.

(3) If the foreigner has filed a subsequent application (Article 2 (1) (23)) in accordance with paragraph 2 within eighteen days before an already specified deportation date, he/she shall not be entitled to a de facto deportation protection if at the time of the application

1.		is an upright expulsion against him,
2.		the stranger has been verifiably informed about the deportation date (§ 67 para. 4 FPG) and
3.		in addition
a)			the stranger is in custody;
b)			is applied against the stranger a more or less money (§ 77 FPG), or
c)			the stranger is stopped after an arrest in accordance with § 74 para. 2 Z 1 or 3 FPG iVm § 39 paragraph 2 Z 1 FPG.
If one of the conditions of Z 1 to 3 does not exist, proceed in accordance with paragraph 2. § 33 (2) AVG does not apply to the calculation of the eighteen-day period.

(4) In the cases referred to in paragraph 3, the Federal Asylate Office shall grant the foreigner the de facto deportation protection in exceptional cases if the subsequent application has not been filed for the unjustified prevention or delay of the deportation. This is the case if:

1.		the stranger, on the occasion of questioning or taking into account (§ 19), makes it credible that he could not submit the subsequent application at an earlier date, or
2.		since the last decision, the objective situation in the country of origin has changed in a relevant way.
The existence of the requirements of Z 1 and 2 is to be decided upon with the mandate of the mandate (§ 57 AVG). If the subsequent application has been submitted within two days before the date of departure which has already been set, the examination of the factual deportation protection shall be limited to the condition of the Z 2 requirement. § 33 (2) AVG does not apply to the calculation of the two-day period. The granting of the de facto deportation protection is not contrary to a further procedure in accordance with paragraph 2.

(5) By way of derogation from § § 17 (4) and 29 (1), the admission procedure in the cases referred to in paragraphs 1 and 3 already begins with the status of the application for international protection. "

13. According to Article 14 (1), the following paragraph 1a is inserted:

" (1a) A stranger whose factual deportation protection has been removed (Section 12a (2)) or a factual deportation protection (Section 12a (1) or (3)) is at the border crossing point, under the submission of a decision of the Asylum Court, in accordance with § 41a, by which the removal of the de facto deportation protection has been remedied, or in accordance with § 41 para. 3, to allow re-entry if he can prove his/her procedural identity. Paragraph 3 shall apply mutatily. "

14. The title of the second section of the third section of the 3rd section. The main item is:

"Co-operative and reporting obligations"

15. § 15 para. 1 Z 4 reads:

" 4.		the Bundesasylamt or the Asylum Court, even after having left Austria, for whatever reason, to announce its whereabilting location and address as well as changes thereto without delay. For this purpose, it is sufficient for an asylum seeker in Austria to be registered under the Reporting Act 1991-Reporting Act, Federal Law Gazette (BGBl). No 9/1992. If the asylum seeker is subject to a reporting obligation pursuant to Section 15a, the announcement shall be made in the sense of the first sentence at the latest at the same time as the change of the location of residence. The reporting obligation according to the Reporting Act remains unaffected. If the asylum seeker has only a main residence confirmation in accordance with § 19a of the Reporting Act, he/she shall, beginning with the first working day after issuing the main residence confirmation, shall be at the contact point according to § 19a (1) Z 2 to the nearest police inspectorate; this does not apply to asylum-seekers in the authorisation procedure. A breach of this reporting obligation is not available if it is demonstrably not possible or not reasonable for the foreign to be fulfilled; "

16. In § 15 (1), the point at the end of the Z 5 is replaced by a line-point and the following Z 6 is added:

" 6.		one alleged and, on the basis of the results of the investigation, dubious abusive age to which he was based in proceedings under this federal law, by means of safe documents or other appropriate and to demonstrate equivalent certifying agents. If this is not possible for the foreigner, the Bundesasylamt or the Asylum Court can also order the taking of radiological examinations, in particular X-ray examinations, within the framework of a multi-factorial examination methodology for age diagnosis. Each examination method shall be carried out with the least possible intervention. The participation of the stranger in a radiological examination is not enforceable by means of compulsory means (paragraph 1). 1 Z 2 last sentence). If, after the diagnosis of the age, there are still reasonable doubts, it must be assumed in favor of the stranger from his minor. "

17. In accordance with § 15, the following § 15a and title shall be inserted:

" Notification obligation in the authorisation procedure

§ 15a. (1) strangers in the authorisation procedure shall be subject to a periodic reporting obligation if:

1.		a notification pursuant to section 29 (3) Z 4 to 6 shall be made, or
2.		the stranger does not have a factual deportation protection in accordance with Section 12a (1) and
the stranger has not been subject to detention, nor has a more money-free means been applied against him.

(2) In order to comply with the reporting obligation in accordance with paragraph 1, strangers who are not supplied in a federal care institution shall be required to provide periodic, 48-hour intervals at a police inspection which is to be determined. report. The information required for this purpose, such as in particular the responsible police inspection and the period and the date of the notification, must be communicated to the foreigner by the Federal Asylate Office with a procedural arrangement (Section 63 (2) AVG). The absence of at least 48 hours shall be deemed to be a violation of the reporting obligation for strangers who are supplied by the Federal Government in a care facility. The absence of the care centre must be documented in a suitable and comprehensible manner. 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 notify the company. "

18. In § § 16 (3) to (5), 19 (5), 23 (2) and (6), 29 (4) and (5), 65 (1) to (5), 66 (2) (2) (1) and (2) (2) (2), the following shall be made "Legal Adviser" the parenthesis expression "(§ 64)" inserted.

19. In § § 16 (5) and 65 (4), after the word "Legal Advisers" the parenthesis expression "(§ 64)" inserted.

20. In § 18, the previous paragraph 2 receives the sales designation "(3)" and shall be inserted in the following paragraph 2:

" (2) If a stranger fails to demonstrate a claimed relationship of relationship to which he is based in a procedure under this Federal Law, by means of safe documents or other suitable and equivalent certifying agents, the Bundesasylamt or the Asylum Court has to allow him to carry out a DNA analysis at his request and at the cost of his/her costs. The stranger is to be lecturing about this possibility. Stranger's lack of desire to carry out a DNA analysis is not a refusal of the stranger to participate in the clarification of the facts. In the further proceedings, only the information about the relationship of the relationship may be processed; any further data shall be deleted. The Federal Asylum Office or the Asylum Court shall reimburse the stranger the costs of DNA analysis if the claimed family relationship has been determined by the opinion based on the DNA analysis and if the stranger is in the Federal Republic of Germany. "

21. The following sentences are added to § 19 (1):

" This restriction does not apply if it is a follow-up application (§ 2 para. 1 Z 23). In the cases of Section 12a (1) as well as in the cases of Section 12a (3), if the subsequent application has been filed within two days before the date of departure which has already been set, the questioning may be left to the question. "

22. § 19 (2) reads:

" (2) An asylum-seeker is at least once in the authorisation procedure and, in so far as he is not in a position to contribute to the determination of the relevant facts on the basis of circumstances in his person, he is not in a position to contribute to the determination of the relevant facts of the case. where no decision has already been taken in the authorisation procedure on the application, at least once the procedure has been authorised. If the asylum seeker does not have a factual deportation protection (§ 12a (1) or (3)), an acceptance cannot be allowed to take place. In addition, an admission to the authorisation procedure can be maintained if the procedure is approved. To the extent that this is possible without undue effort, the asylum seeker is to be heard personally by the body of the Federal Asylamtes appointed for the respective decision. Section 24 (3) shall remain unaffected. "

23. § 22 (3), first sentence reads:

" Under the legal conditions, the possibility of appeal to the Asylum Court is open against repellant and resignation of the Federal Council of Aylamtes, which after delivery within the time limit laid down by law in the case of the Federal Council of Asylum The Federal Office of the Federal Republic of Germany is to be introduced; this is to be stated in the right of appeal (§ 61 AVG); § § 61a and 63 (5) of the last sentence of the AVG do not apply. "

(24) The following paragraphs 10 to 12 are added to § 22:

" (10) Decisions of the Federal Asylamtes on the abolition of the deportation protection pursuant to Section 12a (2) shall be issued orally in the form of a federal act. The certification according to § 62 paragraph 2 AVG also applies as a written copy in accordance with § 62 Abs. 3 AVG. The administrative files shall be transmitted to the Asylum Court immediately by its own motion for review in accordance with Section 41a. This shall be deemed to be a complaint to the Asylum Court, which shall be indicated in the statement of appeal. The Asylum Court has to decide on the legality of the removal of the deportation protection in the context of the review in accordance with § 41a.

(11) The Bundesasylamt and, in the cases of Z 7, of the Asylum Court, if the proceedings are pending before it, the competent tourist authority must agree:

1.		the position of a subsequent application (Article 2 (1) (23));
2.		if the stranger pursuant to Section 12a (1) or paragraph 3 a factual deportation protection is not to be given;
3.		the granting of the de facto deportation protection (Section 12a (4));
4.		the removal of the de facto deportation protection (section 12a (2)) and the expiry of the period in accordance with § 41a (2) second sentence;
5.		the decision of the Asylum Court pursuant to Section 41a (2) on the lawfulness of the lifting of the removal of the deportation protection;
6.		from the breach of a reporting obligation pursuant to Section 15a and
7.		from the breach of a reporting obligation pursuant to Section 15 (1) Z 4 penultimate sentence if an expulsion procedure under this Federal Act has been initiated against the asylum seeker.

(12) A complaint against a refusing decision and an expulsion order shall be submitted within one week. "

25. The following sentence shall be added to section 23 (1):

"A contact point pursuant to Section 19a (2) of the Reporting Act is not a delivery point in the sense of the ZustG in proceedings under this federal law."

26. In accordance with Article 23 (6), the following paragraphs 7 to 9 are added:

" (7) § 28 para. 2 ZustG does not apply to provisions of the Asylum Court.

(8) It is also possible, in particular, to provide asylum seekers who have only a main residence confirmation in accordance with § 19a Reporting G and are therefore subject to a reporting obligation pursuant to Article 15 (1) (4) penultimate sentence, in particular by means of public bodies security service shall be carried out on the occasion of the fulfilment of this obligation to notify. In the same way, the delivery of decisions pursuant to Section 12a (4) may be effected by bodies of the public security service.

(9) A stranger whose factual deportation protection is repealed (Section 12a (2)) or that a factual deportation protection is not due (Section 12a (1) or (3)) and against which an upright expulsion decision is enforced, is demonstrably above that to teach that he/she can serve for the delivery of an authorized representative and that he/she shall also inform the authority of his/her location and address abroad and to report any changes as soon as possible (Section 15 (1) (4)). In addition, he is to be informed of the postal address of the Federal Asylamtes and the Asylum Court. To the extent possible, he shall be able to follow a written information sheet in a language which he/she understands. In such cases, deliveries shall, as far as possible, be made at the last address known to the Federal Asylate Office or the Asylum Court; if the delivery address is abroad, the delivery shall be valid with the arrival of the decision on the latter. Address as effected. § 24 shall apply. "

27. § 25 (1) Z 1 reads:

" 1.		in the cases of Section 12a (3), if the subsequent application has been filed within two days before the date of deportation, the factual deportation protection has not been granted in accordance with Section 12a (4) and the asylum seeker is no longer in the Federal territory pimp; "

28. § 27 (3) reads:

" (3) A particular public interest in an expedited implementation of the procedure shall consist, in particular, of a stranger,

1.		which has become a criminal offence (§ 2 para. 3);
2.		an act of prosecution by the Public Prosecutor's Office has been brought against the act, which can only be committed intentionally, on account of a court case;
3.		was imposed on pre-trial detention (§ § 173 ff StPO, BGBl. No 631/1975); or
4.		which has been entered in the course of committing a crime (§ 17 StGB) on a fresh deed. "

29. In § 27 (4), the phrase "and not to be assumed on the basis of certain facts, he will withdraw again from the proceedings" through the phrase "and, on the basis of certain facts, it is to be assumed that he will not revoter the proceedings" replaced.

30. § 27 (5) reads:

" (5) An expulsion procedure as referred to in paragraph 2 shall be adjusted if the (a) to justify the acceptance of the application for international protection in respect of the granting of the status of the applicant for asylum or of the subsidiary protection authority, or the special public interest in the accelerated implementation of the procedure no longer exists. "

31. In § 28, para. 2, after the word order "This does not, moreover, apply if" the phrase "A communication pursuant to Section 29 (3) (4) or (6) has been made, the asylum seeker is not entitled to a factual deportation protection (Section 12a (1) or (3))," inserted.

32. In § 29 (3), in Z 4, the word "or" through a stroke point and in Z 5 the point by the word "or" and the following Z 6 and the following final paragraph shall be added:

" 6.		to inform the asylum seeker with a procedural arrangement (Section 63 (2) of the AVG) that it is intended to lift his factual deportation protection (Section 12a (2)).
A communication according to Z 3 to 6 shall not be made if the asylum seeker is no longer in the territory of the Federal Republic of Germany. "

33. In § 29, para. 4, the quote shall be " 3 Z 3 to 5 " by quoting " 3 Z 3 to 6 " replaced.

34. The following paragraph 4 is added to § 31:

" (4) In the cases referred to in paragraph 1, the provisions relating to the factual deportation protection in the case of subsequent applications (Section 2 (1) (23)) shall not apply, even if the foreigner has been allowed entry. This shall also apply if the foreigner asks for a subsequent application after a back or rejecting decision in the airport procedure. If no departure has been made in these cases since then, the securing of the rejection (section 32 (4)) over six weeks can be maintained for a further four weeks. Paragraph 3 shall not apply to subsequent applications. "

35. § 34 (2) and (3) reads:

" (2) The Authority shall, on the basis of an application by a family member of a stranger who has been granted the status of the person entitled to asylum, be granted the status of an asylum seeker to the family member, if:

1.		it has not become a criminal offence (§ 2 para. 3);
2.		the continuation of an existing family life within the meaning of Article 8 of the ECHR with the stranger to which the status of the asylum seeker has been granted is not possible in another State; and
3.		in the case of the stranger to whom the status of the asylum seeker was granted, no procedure for the withdrawal of this status is pending (§ 7).

" (3) The Authority shall, on the basis of an application by a family member of a stranger who has been granted the status of subsidiary protection person, grant the family member the status of a subsidiary entitled to subsidiary protection; if

1.		it has not become a criminal offence (§ 2 para. 3);
2.		the continuation of an existing family life within the meaning of Art. 8 ECHR with the foreign, which is the status of the subsidiary protections is not possible in another State;
3.		against the stranger, who is the status of subsidiary protections , no procedure for the withdrawal of this status is pending (§ 9) and
4.		not to be granted the status of an asylum-seeker to the family member. "

36. In § 34, para. 4, the word order shall be " , and all members of the family receive the same level of protection " through the phrase " ; under the conditions set out in paragraphs 2 and 3, all members of the family shall be entitled to the same level of protection " replaced and the following sentence added:

"If a stranger is to be granted the factual deportation protection in accordance with Section 12a (4), he/she shall also be assigned to his/her family members."

37. The following paragraph 6 is added to § 34:

" (6) The provisions of this Section shall not apply:

1.		to family members who are EEA citizens or Swiss citizens;
2.		to the family members of a stranger who has been granted the status of the person entitled to asylum or the status of the subsidiary entitled to protection under a procedure under this section, unless the family member is a member of the family unmarried underage child. "

38. The title of § 35 reads:

"Applications for entry to professional representative bodies"

39. § 35 (1) reads:

" (1) The family member of a stranger who has been granted the status of the right of asylum or of the subsidiary entitled to protection and who is abroad may, in order to submit an application for international protection pursuant to § 34 para. 1 iVm § 2 1 Z 13, an application for the issuing of an entry title to the Austrian professional representative office in a foreign country (the professional agency) responsible for consular tasks. "

40. In § 35 (3), the word order is deleted "Application-and" and it will be the phrase "Federal Minister for Foreign Affairs" by the phrase "Federal Minister for European and International Affairs" and the phrase "in the family procedure" through the phrase "on entry" replaced.

41. § 35 (4) reads:

" (4) The professional agency has without further permission to grant a visa to the stranger under (1) or (2) (Section 24 (4) of the FPG) if the Federal Asylate Office has informed that the application for an application for international protection has been carried out by the Federal Council of Germany. Recognition of the status of the right of asylum or of the subsidiary entitled to protection is probable. Such a notice may only be issued by the Federal Asylate Office if:

1.		no procedure for the withdrawal of this status is pending against the stranger who has been granted the status of the person entitled to asylum or of the subsidiary entitled to protection (§ § 7 and 9) and
2.		The Federal Ministry of the Interior, which is to be held, has informed the Federal Ministry of the Interior that an entry does not conflict with the public interests under Article 8 (2) of the ECHR
Until the date of receipt of this notice, the time limit pursuant to Section 11 (5) of the FPG is inhibited. The professional representative authority has to inform the foreign person about the further proceedings in Austria pursuant to § 17 (1) and (2). "

42. In § 39 paragraph 1 are the Z 1 to 26:

1.		Belgium;
2.		Bulgaria;
3.		Denmark;
4.		Germany;
5.		Estonia;
6.		Finland;
7.		France;
8.		Greece;
9.		Ireland;
10.		Italy;
11.		Latvia;
12.		Lithuania;
13.		Luxembourg;
14.		Malta;
15.		the Netherlands;
16.		Poland;
17.		Portugal;
18.		Romania;
19.		Sweden;
20.		Slovakia;
21.		Slovenia;
22.		Spain;
23.		the Czech Republic;
24.		Hungary;
25.		the United Kingdom and
26.		Cyprus.

43. In § 39 (4), in Z 7 the line point is replaced by one point and the Z 8 and 9 are omitted.

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

" Review of the removal of the de facto deportation protection

§ 41a. (1) A decision of the Bundesasylamtes, with which the de facto deportation protection of a foreigner has been repealed (Section 12a (2)), must be subject to review immediately by the Asylum Court. The procedure shall be decided without holding an oral hearing. § 40 shall apply mutatily. § 66 para. 2 AVG is not to be applied.

(2) The removal of the deportation protection in accordance with Section 12a (2) and an upright expulsion are enforceable with the release of the decision in accordance with Section 12a (2). With the execution of the deportation implementing the expulsion, until the end of the third working day from the time the administrative files to be transmitted in accordance with section 22 (10) have expired, the competent court department of the Asylum Court shall have to wait for the deportation to be transferred. The Asylum Tribunal shall immediately have the Bundesasylamt (Bundesasylamt) from the entry of the administrative files to the competent judicial department and from the decision taken in the context of the review in accordance with paragraph 1 of the decision on the legality of the repeal of the To communicate deportation protection.

(3) The Appeal Court has to decide within eight weeks on the legality of the removal of the deportation protection in the context of the review in accordance with paragraph 1. "

45. § 45 (2) reads:

" (2) The performance shall also be subject to the following:

1.		it is a follow-up application (§ 2 para. 1 Z 23) and there is an upright expulsion against the asylum seeker, or
2.		Due to the result of the questioning, the search and the recognition service, it is to be assumed that the application of the foreigner due to the incompetence of Austria (§ § 4 f) will be rejected
and the stranger of the foreign police department is being presented. "

46. In § 57 (1) (3), after the word "Legal Advisers" the parenthesis expression "(§ 64)" inserted.

47. In § 57 (2) Z 6 the phrase Federal Ministry of Foreign Affairs through the phrase "Federal Ministry for European and International Affairs" replaced.

48. In § 57 (10), after the word order "has been dismissed or rejected" the phrase "or the asylum seeker is not entitled to a factual deportation protection" is inserted and the following sentence is added:

"The fact that an application has been made for international protection must in no way come about in the event of such a transfer."

49. In § 57 para. 11 Z 2, the quote "Z 2 or 3" by quoting "Z 2 to 4" replaced.

50. In the title of the 8. The main item shall be the word "Legal And Refugee Adviser" by the word "Legal Advice" replaced.

51. In Section 60 (3), the phrase "The Asylum Court and the Courts of Public Law" through the phrase "The Asylum Court, the Courts of Public Law, the Federal Minister for the Interior and the Federal Minister for Justice" replaced.

52. In Section 60 (4), the phrase "Federal Ministry of Foreign Affairs" through the phrase "Federal Ministry for European and International Affairs" replaced.

53. In § 60 para. 6 Z 4, the parenthesis shall be "(§ § 64 f)" by the parenthesis expression "(§ 64)" replaced.

54. In Section 61 (1), the quote shall be " 3 " by quoting " 3 or 3a " replaced.

55. According to Article 61 (3), the following paragraph 3a is inserted:

"(3a) The Asylum Court shall also decide by individual judges on the legality of the removal of the deportation protection in the context of the review pursuant to § 41a."

56. In § 62 (3), after the word order "to make cases" the phrase "taking into account the special public interest in an expedited implementation of the procedure within the meaning of section 27 (3)" inserted.

57. In § 64 (1), the parenthesis shall be "(Legal Adviser)" by the parenthesis expression "(legal adviser in the authorisation procedure)" replaced.

58. § 64 (2) and (3) reads:

" (2) Legal advisers in the authorisation procedure are independent and have to carry out their duties without any instructions.

(3) The costs of legal advice in the admission procedure shall be borne by the Federal Government. "

59. In § 64, paragraph 4, the quote "§ 29 (3) (3) to (5)" by quoting "§ 29 (3) (3) to (6)" replaced .

60. The title of § 65 reads as follows:

"Requirements profile for legal advisors in the authorisation procedure"

61. In § 66 (1) to (4) as well as in the title of § 66, the word shall be "Refugee Adviser" by the word "Legal Adviser" replaced.

(62) The following paragraph 7 is added to Article 73:

" (7) § § 2 (1) Z 24 and 25 and (3), 7 (2) to (4), 8 (3a) and (4), 9 (2) to (4), 10 (1), (5) and (6), (12) and (12a), together with the title, 14 (1a), the title of the second section of the third paragraph of the third paragraph. Main piece, § § 15 (1) Z 4 to 6, 15a together with the title, 16 para. 3 to 5, 18 para. 2 and 3, 19 para. 1, 2 and 5, 22 para. 3 and 10 to 12, 23 para. 1, 2, 6, 8 and 9, 25 para. 1 Z 1, 27 para. 3 to 5, 28 para. 2, 29 para. 3 Z 4 to 6 and para. 4 and 5, 31 para. 4, 34 (2) to (4) and (6), the title of § 35, § 35 (1), (3) and (4), 39 (1) (1) to (26) and (4) (4) (7), (41a) and the title, 45 (2), 57 (1) (3), (2) Z 6, (10) and (11) Z 2, the title of the 8. § § 60 (3), (4) and (6) Z 4, 61 (1) and (3a), 62 (3), 64 (1) to (4), § § 65 with title, 66, title, 67 para. 2, 75 para. 1, 5, 6 and 8 to 14 as well as the table of contents in the version of the Federal Law BGBl. I n ° 122/2009 will be 1. Jänner 2010 in force. Section 23 (7) shall enter into force retroactively with 1 July 2008. Section 39 (4) (8) and (9) shall expire on 31 December 2009. "

63. In § 75, para. 1, after the quote "§ 27" the phrase " in the version of the Federal Law BGBl. I No 122/2009 " inserted.

Section 75 (5), (6) and (8) reads as follows:

" (5) A stranger who has been or has been granted refugee status on or after 31 December 2005 under the provisions of the Asylum Act 1997 or earlier asylum legislation shall apply, insofar as it does not have any deprivation or recognition of any kind. no loss of refugee status has come, the status of the person entitled to asylum is considered to be granted.

(6) The status of the subsidiary entitled to protection shall apply to a stranger who, on or after 31 December 2005, has been or has been granted a temporary residence permit under the provisions of the Asylum Act 1991 or the Asylum Act 1997. as granted.

(8) § 10 in the version of the Federal Law BGBl. I n ° 122/2009 is at or after the 1. January 2010, under the Asylum Act 1997, with the proviso that an expulsion decision under the Asylum Act 1997, which is before the 1. January 2010 was issued as an expulsion decision in accordance with § 10, the rejection of an asylum application under the Asylum Act 1997 as a rejection pursuant to § 10 paragraph 1 Z 1 and the deportation of an asylum application under the Asylum Act 1997, with the noted that the refusal, repatriation or deportation of the foreign to the State of origin is admissible, as a dismissal in accordance with Section 10 (1) (2) (2) of the Second paragraph of the European Parliament. "

65. The following paragraphs 9 to 14 are added to § 75:

" (9) § § 12 (2), (12a), 22 (12), 25 (1) (1), (1), 31 (4), 34 (6) and (35), as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 122/2009 are on procedures which are already before the 1. In January 2010, they were not to be applied. § § 12 (2), 25 (1), (1) and (35) are to be applied in the version valid on 31 December 2009 to all pending proceedings to be carried out on this day, in accordance with the provisions of paragraph 1 of the Asylum Act 2005.

(10) § § 2 (1) Z 25 and (3), 15 (1) Z 4 and 6, 18 (2) and (3), 22 (3), 11 Z 7, 23 (1), (7) and (8), 27 (4) and (5), 57 (10) and (11) (2) and (62) (3) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 122/2009 are also available on or after the 1. In accordance with the Asylum Act 1997, it is necessary to apply the procedures pending in January 2010. § § 8 (3a) and 9 (2) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 122/2009 should apply to these procedures with the proviso that no right of residence is to be granted in accordance with Article 8 (3) of the Asylum Act in 1997 and that a refusal, deportation or deportation of the stranger in his or her own country shall be granted in his/her own the State of origin is inadmissible, since this would constitute a real risk of a breach of Article 2 of the ECHR, Article 3 of the ECHR or Protocols No 6 or No 13 to the Convention, or a serious threat to life or to him as a civil person. Integrity as a result of indiscriminate violence within the framework of an international or national conflict with him. An expulsion has to be kept in these cases.

(11) § 27 (3) of the Federal Law of the Federal Republic of Germany (BGBl) is based on proceedings under this Federal Act. I n ° 29/2009, if the facts leading to the initiation of the expulsion procedure were to be taken before the 1. Jänner 2010 was realized. § 27 (3) is also available on or after the 1. In accordance with Article 75 (1) of the fourth sentence, it applies to January 2010 in accordance with the procedure pending before Asylum in 1997.

(12) A foreign person, who at the time of entry into force of § 15 paragraph 1 Z 4 in the version of the Federal Law BGBl. No 122/2009 on a main residence confirmation pursuant to § 19a Reporting G and are not in the authorisation procedure, for the first time by 1 March 2010 at the contact point of the contact point pursuant to § 19a (1) Z 2 Police inspection report.

(13) Changes in the legal situation under this Federal Act do not constitute a reason for remittantions in accordance with § 66 AVG.

(14) § 10 Asylum Act 1997 shall be applied to asylum seekers,

1.		that have become punishable (§ 2 para. 3),
2.		whose asylum procedures are to be carried out in accordance with the provisions of paragraph 1 of the Asylum Act 1997; and
3.		whose application for asylum was submitted from 1 May 2004,
, with the proviso that the procedures of the members of the family are nevertheless to be carried out and decided under one. "

66. The table of contents is amended as follows:

a) According to § 12, § 12a is inserted:

" § 12a.

Factual deportation protection for follow-up applications "

(b) The title of the second section of the third paragraph The main item is:

"Co-operative and reporting obligations"

(c) According to § 15, § 15a shall be inserted:

" § 15a.

Notification obligation in the authorisation procedure "

(d) The heading of § 35 reads as follows:

" § 35.

Applications for entry to professional representative bodies "

(e) According to § 41, § 41a is inserted:

" § 41a.

Review of the lifting of the de facto deportation protection "

(f) The name of the 8. The main item is:

" 8. Main item: Austrian and international authorities, legal advice "

(g) The heading of section 65 reads as follows:

" § 65.

Request profile for legal advisors in the admission procedure "

(h) The heading of § 66 reads as follows:

§ 66.

Legal Adviser "

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 ° 29/2009, shall be amended as follows:

1. In § § 2 para. 1 and 7 Z 3 the word shall be "12" by the word "eighteen" and the phrase "or an expulsion" through the phrase "or after leaving on the grounds of expulsion" replaced.

1a. In § 2 para. 4 Z 11 the word order shall be "Right to freedom of movement" through the phrase "Community law or the right of residence of more than three months to be granted under the EC-Switzerland Agreement on the Free Movement of Persons" and the word "persons entitled to freedom of movement" through the phrase "Eligible for Community Residents" replaced.

2. § 2 para. 4 Z 15 reads:

" 15.		Community right of residence: the right of an EEA citizen and his family to reside in the territory for more than three months or in the long term on the basis of the Directive on the Free Movement of Persons; "

3. In Section 2 (4), in Z 17, the point at the end of the paragraph shall be replaced by a line-point and the following Z 18 to 21 shall be added:

" 18.		Directive 2004 /38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Regulation (EEC) No 1612/68 Directives 64 /221/EEC, 68 /360/EEC, 72 /194/EEC, 73 /148/EEC, 75 /34/EEC, 75 /35/EEC, 90 /364/EEC, 90 /365/EEC and 93 /96/EEC, OJ L 206, 22.7.1990, p. No. 77 in the version of the corrigendum OJ L 158, 30.4.2004, p. No. OJ L 229, 29.06.2004 p. 35;
19.		EC-Switzerland Free Movement Agreement: the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ L 327, 22.7. No. OJ L 114 of 30.04.2002 p. 6 and BGBl. III No 133/2002;
20.		Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and the list of third countries whose nationals must be drawn up by the exempt from this visa requirement, OJ L 327, 22. No. 1. as amended by Regulations (EC) No 2414/2001, OJ L 327, 31.12.2001, p. No. 1, No 453/2003, OJ L 327, 27.12.2003, p. No. 10, No 851/2005, OJ L 69, 13.3.2005, p. No. 3, No 1791/2006, OJ L 210 of 04.06.2005, p. No. OJ L 363, 20.12.2006, p. 1 and No 1932/2006, OJ L 327, 30.12.2006 No. 23. as amended by the corrigendum OJ L 405, 30.12.2006, p. No. 10), as amended by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Malta, the Republic of Cyprus, the Republic of Cyprus, the Republic of Lithuania, the Republic of Lithuania Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, OJ L 327, 31.12.2003, p. No. OJ L 236 of 23.09.2003 p. 718;
21.		VIS Regulation: Regulation (EC) No 767/2008 on the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation), OJ L 327, 30.4.2008, p. No. OJ L 218, 13.08.2008 p. 60.

4. § 5 (2) and (3) reads:

" (2) In order to facilitate travel or in the interests of convenience, convenience and simplicity, the Federal Minister for the Interior shall have the authority to authorize the tourist authorities of the first instance by means of a regulation, at certain border crossing points Visas to be issued and extended.

(3) The issuing of visas, with the exception of air transit visas and the renewal of visas, shall be the sole responsibility of the Tourist Office of the Court of First Instance to which an authorisation has been granted in accordance with paragraph 2. In order to clarify the situation (§ 26) of visas, in so far as national visas are only those granted by Austria, each of the first instance of the Tourist Office is authorized to do so. The entry into the VIS of data which is invalidated in accordance with Article 13 of the VIS Regulation shall be carried out by the authorities authorised in accordance with paragraph 2. "

5. In § 5 (4), the quote shall be: "§ 21 (9)" by quoting "§ 21 (8)" replaced.

6. In § § 5 (4), 16 (1), 17 (3), 28 (2), 30 (3), (95) and 127 (3), the word sequence shall be: "Federal Minister for Foreign Affairs" through the phrase "Federal Minister for European and International Affairs" replaced.

6a. In § 6 (3), after the word order "to grant" the phrase "or extension" is inserted and § 6 para. 4 reads:

" (4) The local jurisdiction for the annulment of a visa, revocation of a permit to re-return during the period of validity of a ban on residence and revocation of a special authorisation for eighteen months after a period of validity of a visa. Refoulement, deportation or departure on the grounds of expulsion as well as for the imposition of the detention and for deportation shall be determined after the stay. "

7. According to Article 6 (4), the following paragraph 4a is inserted:

" (4a) The responsibility for the further concern of the Foreign Police (§ 2 para. 2) shall remain with that authority which has caused the deportation to be carried out. 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. "

8. In Section 8 (1), the phrase "Federal Minister for Foreign Affairs" through the phrase "Federal Minister for European and International Affairs" replaced.

8a. § 9 (2) reads:

" (2) An appeal is not admissible against the failure, the authorization and the revocation of a enforcement order. There is neither an idea nor an appeal against the arrangement of the detention. An appeal is not against the failure to issue a certificate of safety, a card for patience and an identity card for strangers, as well as the withdrawal of a card for the patient and an identity card for strangers. allowed. "

9. § 12 (4) reads:

" (4) It is not possible for the foreigner to make a claim and, on the basis of the results of the investigation which has been previously available, dubious minors, to which he is based in a procedure under this Federal Act, by means of safe documents or other appropriate and equivalent certifying agents, the Authority may, within the framework of a multi-factorial investigation methodology for age diagnosis (Article 2 (1) (25) of the Asylum Act 2005), also be able to carry out radiological investigations, in particular, X-ray examinations. Each examination method shall be carried out with the least possible intervention. The participation of the stranger in a radiological examination is not enforceable with compulsory means. If, after the diagnosis of the age, there are still reasonable doubts, it must be assumed in favor of the stranger from his minor. If a foreigner claims to have not yet completed a given year of life and therefore to be a minor, then-except in the case of obvious inaccuracy-contact the relevant youth welfare carrier without delay and this person shall be entitled to listen. "

10. In accordance with § 12, the following § 12a together with the heading is inserted:

" Proof of a relative relationship

§ 12a. If a stranger does not succeed in proving an alleged relationship of relationship to which he is based in a procedure under this federal law, by means of safe documents or other suitable and equivalent certifying means, he/she shall to enable the Authority to carry out a DNA analysis at its request and at its expense. The stranger is to be lecturing about this possibility. Stranger's lack of desire to carry out a DNA analysis is not a refusal of the stranger to participate in the clarification of the facts. In the further proceedings, only the information about the relationship of the relationship may be processed; any further data shall be deleted. "

10a. In § 15 (2), the word "12" by the word "eighteen" and the phrase "or expulsion" through the phrase "or after leaving on the grounds of expulsion" replaced.

10b. In § 21 (2) the word order is deleted "and not extendable" .

11. In § 21, paragraph 8 is deleted and the previous paragraph 9 receives the sales designation "(8)" .

12. § 24 (3) and (4) reads:

" (3) The office of establishment and residence of the competent representative authority abroad with the fact that a foreign person who is subject to the visa requirement would be granted a residence permit (Section 23 (2) of the NAG), is to the stranger under To take into account § 21 (1), (1), (3) and (4) a stay visa with a four-month period of validity. The refusal of the residence visa in accordance with § 21 (1) Z 3 for the reasons of section 21 (5) Z 1 to 3 and 6 is not permitted. If the residence visa is not issued, the competent representative authority of the establishment and residence authority shall inform the competent authority of the office of establishment and the residence authority.

(4) In accordance with Section 35 (4) of the Asylum Act 2005, the Federal Asylate Office (Bundesasylamt) states that the holding of an application for international protection by granting the status of the right of asylum or of the subsidiary entitled to protection is probable, is not the case for the foreign further a residence visa with a four-month period of validity. "

Section 26 (1) reads as follows:

" (1) A visa shall be declared invalid if it is subsequently

1.		Facts become known (cancellation) or
2.		the facts (repeal),
which would justify a non-division (Article 21 (1)).

14. In Section 30 (1), the phrase "Freedom of vision and freedom of establishment" by the word "Freedom of sight" replaced.

15. In § 31 (1), in the Z 3 after the word "are" the phrase "if they do not pursue an unauthorised activity during their stay in the Federal Republic of Germany" and the Z 5 is deleted.

16. In accordance with § 31 (1), the following paragraph 1a is inserted:

" (1a) If there is no case in paragraph 1, strangers shall not be legally resident in the territory of the Federal Republic of Germany; this shall in particular be the case if they

1.		had to be withdrawn on the basis of a readmission agreement (§ 19 (4)) or international practice,
2.		on the basis of a declaration of transit, other intergovernmental agreements or at the request of a Member State of the European Union for transit (§ 48 para. 1) or on the basis of a licence to be issued pursuant to § 47 ARHG or § 35 of the Federal Law on Judicial Cooperation in Criminal Matters with the Member States of the European Union (EU-JZG), BGBl. I n ° 36/2004, or
3.		are tolerated (§ 46a). "

17. In Section 31 (2), the phrase "Community law of residence and establishment" through the phrase "Community right of residence" replaced.

18. In § 39 (5), after the word order "is deprivation of liberty only" the phrase "pursuant to paragraph 6, section 77 (5) or" inserted.

19. The title of the 6. The main item is:

"Deportation, Duldung, Territorial Restriction and Transit"

Article 46 (3) reads as follows:

" (3) The Authority shall 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), as far as possible. It is a matter of priority to carry out official acts concerning foreign persons whose factual deportation protection has been repealed in accordance with Section 12a (2) of the Asylum Act 2005. "

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

" Toleration

§ 46a. (1) The stay of strangers in the federal territory shall be tolerated as long as their deportation is carried out in accordance with

1.		§ § 50 and 51; or
2.		§ 8 (3a) and 9 (2) Asylum Act 2005 is inadmissible or
3.		seems to be impossible for reasons not to be justified by the foreign,
unless, in accordance with 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 re-recognises that responsibility.

(2) The authority may issue a card to strangers whose stay in the federal territory is tolerated. The card serves to prove the identity of the foreigner and has, in particular, the designations "Republic of Austria" and "Card for patient", also name, gender, date of birth, nationality, photograph and signature of the patient as well as the name of the authority to contain the date of issue and the name of the genehmitic. The detailed design of the map is determined by the Federal Minister of the Interior by Regulation.

(3) The card for the patient shall be valid for one year and shall be extended for a further year in the case of further submission of the conditions pursuant to paragraph 1 above the request of the stranger. The card shall be withdrawn if:

1.		the period of validity of which has expired;
2.		there is no or no longer a cult within the meaning of paragraph 1;
3.		the photograph on the card no longer leaves the holder unquestionable, or
4.		other official entries on the card have become unreadable.
The foreign person shall submit the card to the authority without delay if the card has been withdrawn or circumstances exist which would justify withdrawal. If the card has been withdrawn or is to be submitted, the institutions of the Public Security Service and the Authority shall be authorized to take the card. Withdrawn cards shall be submitted immediately to the authority in whose local area the institution has been engaged. The latter shall forward the card to the competent authority. "

22. § 50 reads:

" § 50. (1) The rejection, the hindment of entry, deportation or deportation of strangers to a State is inadmissible if this is the case by Art. 2 or 3 of the European Convention on Human Rights (ECHR), BGBl. No 210/1958, or Protocol No 6 or No 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, on the abolition of the death penalty, or a serious threat to life or to life for them as a civil person, Insecurity would be linked to indiscriminate violence in the context of an international or national conflict.

(2) The refusal or repatriation of strangers to a State or the removal of entry from a State shall be inadmissible if there are valid grounds for believing that their life or their freedom on the grounds of their race, their freedom, and their freedom, are Religion, nationality, membership of a particular social group or its political views would be threatened (Art. 33 Z 1 of the Convention on the Legal Status of Refugees, BGBl. N ° 55/1955, as amended by the Protocol on the Status of Refugees, BGBl. No 78/1974), unless there is an alternative domestic escape alternative (§ 11 Asylum G 2005).

(3) The deportation to a State shall be inadmissible for as long as the expulsion is contrary to the recommendation of a provisional measure by the European Court of Human Rights.

(4) The refusal, the deportation or deportation of strangers whose application for international protection has been rejected in accordance with the Asylum Act 2005 on the grounds of the incompetence of Austria, is not possible in the third country as impossible, so to inform the Federal Asyls Office immediately. "

23. § 51 reads:

" § 51. (1) During a procedure for the release of a expulsion or a ban on residence, which is to be understood by the stranger, at the request of the stranger, it shall be established whether the deportation to a state designated by him, which is not his The country of origin is, in accordance with § 50, inadmissible.

(2) If an application in accordance with paragraph 1 relates to the country of origin of the foreign, this application shall be deemed to be an application for international protection. This should be done in accordance with the provisions of the Asylum Act 2005.

(3) Up to the final decision on the application, the foreign party may not be deported to the State in accordance with paragraph 1, unless the application would be rejected in accordance with Section 68 (1) of the AVG. After deportation of the foreign to another state, the procedure shall be disregarded as being subject to the law.

(4) In cases where the investigation of the relevant facts is encountering particular difficulties, the Tourism Authority may seek a statement from the Federal Office for the existence of a Threat. Appeals against cases in which the admissibility of the deportation to a particular State has been established shall be decided within the period of the week, unless the holding had previously ended.

(5) The communication with which a final decision has been taken on an application in accordance with paragraph 1 shall be amended at the request or on its own account if the relevant facts have changed substantially, so that the decision with regard to that country shall be would have been different. Pending a final decision on such a request, the foreign party may only be deported to the State concerned if the application is to be rejected in accordance with Section 68 (1) of the AVG (AVG) for decisive cause.

(6) Strangers who rely on one of the dangers referred to in § 50 may not be rejected or postponed until after they have had the opportunity to explain the reasons for which they are based. In such cases, the Tourism Authority shall be informed of the facts and shall then have to decide on the refusal. "

24. In § 53 (2), the word order shall be "Freedom of vision and freedom of establishment (§ § 21 (8) and 30 (1)) enjoy" through the phrase "enjoy the freedom of vision and do not have a right of residence in Community law" replaced.

24a. § 54 (5) reads as follows:

" (5) Finally, strangers who are staying in the Federal territory on the basis of a residence permit or during an extension procedure may be expelled if they have been granted a settlement permit, they may be expelled for more than one year. However, for less than five years in the Federal Republic of Germany, they have been established in the Federal Republic of Germany for a period of less than five years, and have not been able to pursue an activity in an

Section 60 (2) Z 9 to 11 reads as follows:

" 9.		a marriage is concluded for the purpose of granting or maintaining a residence permit; for the acquisition or maintenance of a right of residence for Community law, for the acquisition of Austrian citizenship, for access to the domestic labour market or for the continuation of measures to end the residence of the labour market Before invoking, but with the spouse, a common family life in the meaning of Article 8 of the ECHR;
10.		has been adopted on the child and the Grant or maintenance of a residence permit, The acquisition or maintenance of a right of residence in Community law, the acquisition of Austrian citizenship, access to the domestic labour market or the retention of measures to end the period of residence of the exclusive or non-resident The fundamental reason for the adoption of a child was, however, that the Court of First Instance deceived the true situation with regard to the electoral elders;
11.		within the period laid down in Article 73 (1), without the special authorisation being entered again; "

26. § 62 (4) reads:

" (4) If an expulsion is enforceable, the return ban shall be deemed to be a ban on residence. § 12 Asylum Act 2005. "

27. In Section 66 (3), the phrase "Community legal or non-Community right of establishment" through the phrase "Community right of residence or an indefinite right of establishment" replaced.

28. The following paragraphs 3 to 5 are added to § 67:

" (3) The authority has to inform strangers, against which a enforceable expulsion pursuant to § 10 Asylum G 2005 was issued, of their obligation to leave the country without delay. In particular, mention should be made of the possibility of voluntary return and return assistance (§ 67 Asylum G 2005) and on foreign police measures to enforce the exile obligation (§ 46).

(4) In addition, the foreign authority, against which a enforceable expulsion pursuant to § 10 Asylum G 2005 was enacted, has, as far as possible, proven to be able to fulfil the necessary actual and legal requirements for this purpose. , and to inform the Federal Office of the Federal Office of the Union (Bundesasylamt).

(5) The information referred to in paragraphs 3 and 4 may be provided in any appropriate manner, in particular by means of forms. The Federal Minister for Home Affairs can determine the detailed form and design of these forms with a regulation. "

29. § 73 reads:

" § 73. (1) Non-nationals who are entitled to enter and reside in the Federal territory without a visa need, with the exception of the cases of § § 84 and 85 for the period of eighteen months after a rejection in accordance with § 41 para. 2 Z 4 and 6, after a deportation or a departure on the basis of an expulsion order for entry into the territory of the Federal Republic of Germany and the stay in the territory of a special authorization.

(2) The special authorisation may be granted on request to the stranger if the reasons which led to the rejection, deportation or expulsion are no longer available and there is also no reason for a visa failure. The authorization for a stay of three months will be granted in the form of a visa. Section 72 (3), (5) and (6) shall apply. "

30. In Section 74 (2), the word in Z 2 shall be: "or" through a stroke point and in Z 3 the point by the word "or" and the following Z 4 are added:

" 4.		if, without sufficient excuse, he was charged with a charge on his own account in which that coercive means was threatened for questioning in order to clarify his identity and origin, in particular for the purpose of obtaining a home travel certificate on the part of foreign authorities, did not follow. "

31. In § 76, the following paragraph 2a is inserted after paragraph 2:

' (2a) The locally competent tourist authority shall arrange for the detention of an asylum seeker in detention where:

1.		a enforceable expulsion was issued against the asylum seeker with a refusing decision in accordance with § 5 of the Asylum Act 2005 or in accordance with Section 12a (1) of the Asylum Act 2005 a factual deportation protection was not assigned to him;
2.		a communication pursuant to Section 29 (3) Z 4 to 6 Asylum Act 2005 has been made and the asylum seeker has violated the territorial restriction in accordance with Section 12 (2) of the Asylum Act 2005;
3.		the asylum seeker has more than once violated the reporting obligation pursuant to Section 15a of the Asylum Asylum Act 2005;
4.		the asylum seeker, against which an expulsion procedure has been initiated in accordance with the provisions of the Asylum Act 2005, has failed to comply with the obligation to take action pursuant to Section 15 (1) (4) (4) of the last sentence of the Asylum Act 2005; or
5.		the asylum seeker has filed a subsequent application (§ 2 paragraph 1 Z 23 Asylum G 2005) and the de facto deportation protection in accordance with § 12a (2) Asylum Act 2005 has been repealed,
and the detention is necessary to secure the procedure for the release of an expulsion pursuant to § 10 Asylum Act 2005 or for the protection of deportation, unless special circumstances in the person of the asylum seeker are contrary to the detention. "

32. § 83 (1) reads:

" (1) The decision on a complaint pursuant to Section 82 (1) (2) or (3) shall be the responsibility of the independent administrative Senate, in the course of which the authority has its head office, which has ordered the holding or the detention. In the cases of § 82 (1) (1) (1), jurisdiction shall be determined by the place of arrest. "

33. The title of the 10. The main item is:

" Special provisions for EEA citizens and Swiss citizens entitled to stay in Community law, as well as for beneficiaries of third country nationals and members of the family of EEA citizens who are not legally resident in the Community, Swiss nationals and persons entitled to stay in the European Union, Austrians "

34. § 84 reads:

" § 84. 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. "

35. § 85 reads:

" § 85. (1) Beneficiaries of third-country nationals (§ 2 para. 4 Z 11) have the right to stay 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) Official acts relating to the issuing of visas to beneficiaries of third country nationals shall be subject to priority and shall be exempt from stamp duty and 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) are entitled to enter the visa free of admission. "

36. In § 86 (1) the word "Freedom of Movement" through the phrase "legally resident", the word "principal place of residence" by the word "stay" and the phrase "that the public order or security of the Republic of Austria" by the phrase " that the public security of the Republic of Austria " replaced.

37. § 86 (2) reads:

" (2) EEA citizens, Swiss citizens and beneficiaries of third-country nationals may be expelled (Section 53 (1)) if they do not or no longer have the right to reside on the grounds of Section 55 (3) NAG, unless they are entitled to: have already acquired the right of permanent residence; this shall be permissible under the conditions laid down in § 56. "

38. The title of § 87 reads:

"Family members of EEA citizens who are not eligible for community residence, Swiss citizens and Austrians"

39. In § 88, the previous paragraphs 2 and 3 receive the sales names "(3)" and "(4)" , and paragraphs 1 and 2 are as follows:

" (1) passports, provided that this is in the interests of the Republic in respect of the person of the person concerned, may be issued on request for:

1.		Stateless persons or persons of unsettled nationality who do not have a valid travel document;
2.		foreign nationals who have a permanent right of residence in the territory of the Federal Republic of Germany and who are unable to obtain a valid travel document of their home country;
3.		foreign nationals who are not in a position to obtain a valid travel document of their home country and in which, moreover, the conditions for the granting of a residence permit "permanent residence-EC" (§ 45 NAG) or "permanent residence-family members" (§ 48 NAG) are given;
4.		foreign nationals who are not in a position to obtain the travel document of their home country required for emigration from the territory of the Federal Republic of Germany; or
5.		foreign nationals who have been in permanent residence in the Federal Republic of Germany for at least four years, provided that the competent Federal Minister or the State Government confirms that the issue of the tourist passport is due to the fact that the foreign nationals are not is in the interest of the Federal Government or of the country.

(2) Tourism passes may also be issued on request for

1.		stateless persons legally residing in the territory of the Federal Republic of Germany, or persons of unsettled nationality who do not have a valid travel document and who are legally resident in the Federal Republic of Germany; or
2.		Strangers to whom the status of subsidiary protection is entitled if humanitarian reasons require their presence in another State, unless this would not be necessary for reasons of public order and security. "

40. In § 94 (5), the phrase "In addition, § 88 (3) and § § 89 to 93 shall apply." through the phrase "In addition, § § 88 (4) and 89 to 93 apply." replaced.

41. After the title of the second section of the 11. The main part shall be inserted in the following § 94a and heading:

" Identity Card for Foreign

§ 94a. (1) The authority may be foreign to whom the issuing of a proof of convention passport (section 94 (1)) has been denied pursuant to § 94 (5) iVm § 92, or to which a passport (section 94 (1)) has been withdrawn pursuant to § 94 (5) iVm § 93 an identity card if the conditions for the re-issue of a Convention passport are not met.

(2) The authority may issue an identity card to strangers who have failed to issue a tourist pass pursuant to § 92 or who have been deprived of a tourist pass pursuant to § 93, if the conditions for the re-issuing of a tourist passport are met is not available.

(3) In any event, the identity card has the name "Republic of Austria" and "identity card for foreign", name, gender, date of birth, nationality, photograph and signature of the foreign, as well as the name of the authority, date of the Exhibition and signature of the genehmitic to be included. The Federal Minister for Home Affairs lays down the detailed design of the identity card by means of a regulation.

(4) The identity card shall be used solely for the identification of the identity. Through their exhibition rights are neither documented nor substantiated according to the law of establishment and residence, according to the Asylum Act 2005 and according to this federal law.

(5) The identity card may be issued with a validity period of five years, unless:

1.		a shorter period of validity is requested, or
2.		a shorter period of validity is required with regard to the conditions governing the issue of identity cards.
The extension of the validity period of an identity card is inadmissible.

(6) The identity card shall be withdrawn if:

1.		the photograph is missing or it can no longer reveal the identity of the holder without any doubt;
2.		a registration of the authority has become unrecognizable, or
3.		the identity card is falsified, no longer has become unusable for any reason or for other reasons.
Drawn identity cards shall be submitted to the Authority without delay. They do not constitute a valid document to prove the identity. "

42. The following second sentence is inserted in Section 98 (2):

"This does not apply insofar as it is necessary for the determination of the total number of data records relating to these third parties."

43. In § 105 (2), the word order is deleted "for the prosecution of which the Court of First Instance is responsible,"

(44) The following paragraphs 8 and 9 are added to § 105:

" (8) According to a communication pursuant to Section 22 (11) (1) of the Asylum Act 2005, the Authority shall immediately inform the Federal Asyls Office of the current status of foreign police measures, in particular with regard to the existence of information pursuant to section 67 (4). information.

(9) In the cases of Section 12a (2) of the Asylum Act 2005, the Authority shall inform the Federal Asylate Office and the Asylum Court immediately if a deportation of the foreigner is not actually possible. Furthermore, the authority shall inform the Federal Asylate Office without delay of any relevant changes to the deportation appointment in advance for a procedure in accordance with § 12a (3) Asylum Act 2005. "

45. In § 110, after the word order "to be notified within a period of three months" the phrase ", unless the Tourism Authority annountifies within this period that the surveys have not yet been completed. This period shall be extended once for a further two months " inserted.

46. In Section 111 (1), first half-sentence, para. 2 and 3, the word shall be "Foreign" by the word "People" replaced.

47. In § 111 para. 1, second half-sentence, the word "Foreign" by the word "Person" and the phrase "a visa" through the phrase "a permission to enter" replaced.

48. In § 111 sec. 2 Z 1 the phrase "the aliens carried by them (full name, date of birth, place of birth, place of residence and nationality)" through the phrase "the persons who have been promoted by them (full name, date of birth and nationality)" replaced.

49. In Section 111 (2) (2) (2), the parenthesis shall be "(type, number, period of validity, issuing authority and date of issue of travel document and, if necessary, a visa required)" by the citing quote "(type, number, period of validity and issuing State of travel document and, if necessary, necessary authorisation to enter the country)" replaced.

50. In Section 111 (3), after the word "Water vehicle" the phrase "across the external border" inserted.

51. In Section 112 (1), the phrase "every stranger, the" through the phrase "any person who" and the phrase "the required visa" through the phrase "the necessary authority to enter" replaced.

52. § 114 reads:

" § 114. (1) Anyone who promotes the unlawful entry or transit of a foreign person in or through a Member State of the European Union or the neighbouring state of Austria with the purpose of being unlawfully entitled to the right to travel or to a third party by means of a fee paid for this purpose shall not be Enrich it from the court with imprisonment of up to two years.

(2) Those who have been convicted of tugings within the meaning of paragraph 1 within the last five years shall be punished with imprisonment of up to three years. Such a conviction shall be deemed to be a conviction by a foreign court in accordance with a procedure corresponding to the principles of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

(3) Who does the act according to paragraph 1

1.		commercial (§ 70 StGB),
2.		in terms of a larger number of strangers, or
3.		in a way that causes the stranger, particularly during transport, to be in an agonisable state for a long time,
is to be punished by the court with a term of imprisonment of six months to five years.

(4) Those who commit the act referred to in paragraph 1 as a member of a criminal organisation or in such a manner that the life of the stranger to which the criminal act relates is at risk shall be punishable by the court with imprisonment from one to Ten years to punish.

(5) Strangers, whose illegal entry or transit is encouraged by the act, are not to be punished as participants (§ 12 StGB). Their return or deportation may be granted if and as long as this is necessary in order to hear them.

(6) The bodies of the public security service are authorized in the event of danger in default, objects which the perpetrator carries with them, or means of transport or containers used for the purpose of evailiation, in order to safeguard the depletion of enrichment (§ 20 StGB), of the decay (§ 20b of the German Civil Code) or of the confiscation (§ 26 StGB). The cargo of the means of transport may be followed by the authorisation holder or his authorised representative. Of the measures taken, the court shall be notified without delay. "

53. § 115 together with headline reads:

" Unlawful aid for unauthorised residence

§ 115. (1) Any person who, by reason of his or her duty to enrich himself or a third party unlawfully by means of a remuneration not merely a minor charge, makes it easier for a stranger to reside in the territory of a Member State of the European Union, is to be punished by the court with imprisonment of up to one year or a fine of up to 360 days ' estits.

(2) Those who commit the act on a commercial basis or in relation to a larger number of strangers shall be punished with imprisonment of up to three years.

(3) The stranger to whom the aid referred to in paragraph 1 has been or should come to good is not to be punished as a participant.

(4) The proceedings relating to the act referred to in paragraph 1 shall be the responsibility of the courts of first instance. "

54. In § § 117 (1) to (3) and 118 (1) to (3), paragraphs 1 to 3 shall be added after the word "residence permits," the phrase "for the acquisition or maintenance of a Community right of residence," inserted.

55. § 117 (4) reads:

"(4) The stranger who wishes to refer to marriage in the sense of this provision shall be punished as a participant."

56. § 118 (4) reads:

"(4) The full-year election child is to be punished as a participant."

57. § 119 together with the headline is:

" Unlawful use of social services

§ 119. Anyone who is entitled to a right, social benefits, in particular benefits of sickness, accident or pension insurance, benefits under the title of social assistance or a federal or state law, in accordance with Section 120 (2) of this Act, the basic supply according to Art. 15a B-VG, BGBl. I n ° 80/2004 shall be punished by the court with a custodial sentence of up to one year or a fine of up to 360 days ' rates. Those who have taken advantage of social services, the value of which exceeds EUR 3 000, shall be punished by the court with imprisonment of up to three years. "

§ § 120 and 121 together with headings are:

" Unlawful entry and residence

§ 120. (1) Anyone who is a stranger

1.		is not legally entering the territory of the Federal Republic of Germany or
2.		is not legally present in the federal territory,
shall be subject to an administrative surrender and shall be punished with a fine of EUR 1 000 up to EUR 5 000, in the case of their incriminality, with a custodial sentence of up to three 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.

(2) Anyone who is a stranger

1.		in a procedure for issuing an entry title or a residence permit before the authority appointed for the purpose of issuing such a title knowingly makes false information in order to obtain a lawful residence, if only a temporary, lawful residence in the The Federal Republic of Germany, or
2.		in an asylum procedure before the Federal Asylce Office or the Asylum Court, knowingly makes false information about his or her identity or origin in order to justify the acquiescence of his or her presence in the territory of the Federal Republic of Germany or, if only temporary, of his or her presence in the territory of the Federal Republic to make a stay in the federal territory,
shall be subject to an administrative surrender and shall be punished with a fine of EUR 1 000 up to EUR 5 000, in the case of their incriminality, with a custodial sentence of up to three weeks.

(3) Who

1.		Knowingly promotes the illegal entry or transit of a stranger in or through a Member State of the European Union or neighbouring country of Austria, or
2.		, with the aim of keeping the procedure for the discharge or the enforcement of measures to be implemented, knowingly facilitating the unauthorised stay in the territory of a Member State of the European Union,
shall be subject to an administrative surrender and shall be punished with a fine of EUR 1 000 up to EUR 5 000, in the case of their incriminality, with a custodial sentence of up to three weeks.

(4) Those who commit an act in accordance with paragraphs 1, 2 or 3, even though they have already been punished in a legally binding manner because of such a deed, is punishable by a fine of EUR 5 000 up to EUR 15 000 or with a custodial sentence of up to six weeks.

(5) An administrative surrender in accordance with paragraph 1 Z 2 is not available,

1.		if the exit would only be possible in a country where a deportation is inadmissible (§ 50);
2.		as long as the stranger is condoned (§ 46a),
3.		in the case of residence of a beneficiary third-country national without a visa, or
4.		as long as the stranger is deprived of personal freedom.

(6) Punishment pursuant to paragraph 1 (1) (2) preclude such a punishment on account of the administrative surrender which is at the same time committed pursuant to paragraph 1 (1) (1).

(7) An administrative surrender as referred to in paragraph 1 does not exist if the stranger has filed a request for international protection and the status of the right of asylum or subsidiary protection has been granted to him. During the asylum procedure, the administrative penalty procedure is interrupted.

(8) The stranger to whom an act referred to in paragraph 3 is or should come to good is not punishable by reason of incitement or aiding or abetting.

(9) According to paragraph 3, it is not liable to be punishable as to who is committing the deed in relation to his spouse, his children or his parents.

(10) The attempt in the cases of para. 2 and 3 is punishable.

Other transgressions

§ 121. (1) Anyone who stays outside the area as a foreign person to which his/her stay has been restricted in accordance with § 47 (1) or § 62 (5), shall be subject to an administrative surrender and shall be punished with a fine of EUR 1 000 up to EUR 5 000, in the case of their incriminality, with a custodial sentence of up to three weeks. This shall not apply if the stay outside this area is required, in particular for reasons of medical treatment or compliance with other legal obligations.

(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 EUR 1 000 up to EUR 5 000, in the case of their incriminality, with imprisonment of up to three weeks, to be punished.

(3) Who

1.		Conditions imposed on it by the Authority
a)			in the case of a enforcement order (§ 68), or
b)			in the case of permits pursuant to § § 72 or 73
, has been disregarded, or
2.		it does not carry out its travel document or is in accordance with § 32 (2);
3.		despite being requested by an institution of the public security service
a)			it does not hand out a document which is relevant to its right of residence, or
b)			not to be accompanied by the document to which the document is held,
shall be subject to an administrative surrender and shall be punished with a fine of 50 euros up to 250 euros, in the case of their incriminality, with imprisonment of up to one week.

(4) Anyone who does not grant public security service bodies as responsible persons in accordance with section 36 (1) of land access to land, service centres, work stations, rooms or vehicles, Is subject to an administrative surrender and is fined EUR 1 000 up to EUR 5 000; in the case of their incrimination, with imprisonment of up to three weeks, to punish.

(5) Those who commit an act in accordance with paragraphs 1, 2 or 4, even though they have already been punished in a legally binding manner because of such a deed, shall be punished with a fine of EUR 5 000 up to EUR 15 000 or with imprisonment of up to six weeks.

(6) Penalties imposed in accordance with paragraphs 1, 2, 3, 4 or 5 or § 120 (1), 2, 3 or 4 shall be processed together with the necessary personal data in the administrative criminal liability of the Security Directorate (§ 60 SPG). Section 60 (2) and (3) of the SPG shall apply. "

59. The following paragraphs 12 and 13 are added to § 125:

" (12) § § 114 to 121 of this Federal Act in the version of the Federal Law BGBl. I n ° 29/2009 shall apply to criminal acts which are before the 1. Jänner 2010, continued.

(13) Before the entry into force of the Federal Law BGBl. I n ° 122/2009 in accordance with Section 46 (3) shall continue to be valid until the stipulated date. Up to this date, an administrative surrender pursuant to Section 120 (1) (2) does not apply. § 69 as well as § § 6 (4) and 9 (2) in the version valid on 31 December 2009 are to be applied further to these cases. "

60. The following paragraph 7 is added to § 126:

" (7) § § 2 para. 1 and 4 Z 11, 15 and 17 to 21, 5 para. 4, 6 para. 4 and 4a, § § 7 Z 3, 8 para. 1, 9 para. 2, 12 para. 4, 12a with title, 15 para. 2, 16 para. 1, 17 para. 3, 21 para. 8, 24 para. 3 and 4, 26 para. 1, 28 para. 2, 30 para. 1 and 3, 31 para. 1 Z 3, (1a) and (2), section 39 (5), the title of the 6. Main piece, § § 46 (3), 46a and title, 50, 51, 53 (2), 54 (5), 60 (2), 9 to 11, 62 (4), 66 (3), 67 (3) to 5, 73, 74 (2) Z 2 to 4, 76 (2a), 83 (1), the title of the 10. Main piece, § § 84, 85, 86 (1) and 2, the title of § 87, § § 88, 94 (5), 94a including the title, 95, 98 (2), 105 (2), (8) and (9), 110, 111 (1) to (3), 112 (1), (114) and (115) together with the heading, 117 (1) to (4), 118 (1) to (4), (119) and (119) Title, 120 with title, 121 with title, 125 para. 12 and 13, 127 as well as the table of contents in the version of the Federal Law BGBl. I n ° 122/2009 will be 1. Jänner 2010 in force. § § 5 (2) and (3), 6 (3) and 21 (2) in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 122/2009 will enter into force on 5 April 2010. "

61. The table of contents is amended as follows:

a) According to § 12, § 12a is inserted:

" § 12a.

Proof of a family relationship "

(b) The name of the 6. The main item is:

" 6. Main item: Deportation, Duldung, territorial restriction and transit "

c) According to § 46, § 46a is inserted:

" § 46a.

Toleration "

(d) The name of the 10. The main item is:

" 10. Main item: special provisions for EEA citizens and Swiss citizens entitled to stay at Community law, as well as for beneficiaries of third-country nationals and members of the family of EEA citizens who are not eligible for residence in Community law, Switzerland and Austrians "

(e) The heading of section 87 reads as follows:

" § 87.

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

f) After the title of the second section of the 11. The headline of Section 94a is inserted:

" § 94a.

Identity card for strangers "

(g) The heading of § 115 reads as follows:

" § 115.

Compensation for unauthorised residence "

(h) The headings of § § 119 and 120 are:

" § 119.	Unlawful use of social services
§ 120.	Illegal entry and stay of illegal residence "

Article 3

Amendment of the Fees Act 1957

The Fees Act 1957, BGBl. No. 267, as last amended by the Federal Law BGBl. I No 79/2009, shall be amended as follows:

Section 14 of the subsection 4 (4) reads as follows:

" (4) extracts, copies and certificates referred to in paragraph 1 (2), issued for the purpose of awarding or extending the award of the Austrian nationality, shall be free of charge; this shall also apply to those foreign nationals who are not Documents submitted for official use in this context. "

2. § 14 Tarifpost 5 (3) Z 3 reads:

" 3.		Documents and printing works which are to be attached to a request for the award or extension of the award of the Austrian citizenship or a request for the granting of a residence permit. "

3. § 14 (3) (3) of the German collective bargaining agreement. b is:

" (b)			of 110 euros are subject to request for the award or extension of the granting of Austrian citizenship; for minors, the fee is 60 euros. "

Section 14 of the subheading 7 (3) reads as follows:

"(3) Protocols and transcripts set up for the purpose of awarding or extending the granting of Austrian citizenship shall be free of charge."

5. § 14 Rate post 8 is amended as follows:

(a) (5) reads:

" (5) The granting and compliance of a residence permit by an authority with a registered office in Germany

1.		on request
a)			temporary residence permit (§ 8 para. 1 Z 1, 2 and 5 NAG)						20 Euro,
to			Minor						50 Euro
b)			unlimited residence permit (§ 8 (1) (3) and (4) NAG)						70 Euro,
to			Minor						100 Euro
2.		because of its own							100 euros. "

(b) (5a):

" (5a) Exhibition

1.		a registration certificate (§ 9 para. 1 Z 1 NAG) or a registration certificate							Certificate of permanent residence (§ 9 para. 2 Z 1 NAG)	15 Euro
2.		a permanent residence card (§ 9 para. 2 Z 2 NAG) or							a residence card for nationals of an EEA citizen (§ 9 para. 1 Z 2 NAG)		56 Euro "

(c) the first sentence of paragraph 5b is:

"Acceptance of the necessary recognition service data upon application of the application or issue of its own office (§ 19 (4) and (10) of the NAGs) ............................................................ 10 euro"

(d) the following paragraph 5c is inserted:

" (5c) Exhibition of a

1.		Card for patience (§ 46a FPG)							26,30 Euro
2.		Identity card for strangers (§ 94a FPG)							56 Euro
3.		a photo ID for EEA citizens (§ 9 para. 3 NAG)							56 euros. "

(e) paragraph 6 reads:

"(6) The granting of residence permits in accordance with paragraph 5, the documentation of the right of residence pursuant to paragraph 5a of the Community law and the documents referred to in paragraph 5c are exempt from the administrative duties of the federal government."

(f) paragraph 7 reads:

" (7) With regard to the creation of the fee debt, the fee debtor and the lump sum for residence permits in accordance with paragraph 5 above, in the case of documentation of the Community right of residence as referred to in paragraph 5a and in the case of documents referred to in paragraph 5c (3) and (4) shall apply mutatily with the proviso that, in the case of paragraph 5, the lump sum amount shall be 1 lit. a 20 Euro, in the case of paragraph 5 Z 1 lit. b and Z 2 35 Euro per residence permit issued, in the case of Section 5a Z 1 3 Euro and in the case of Section 5a Z 2 35 Euro for each documentation of the right of residence of the Community law. In the case of paragraph 5c (1), the total amount of the local authority, in the case of paragraph 5c (2) and (3), is the sum of EUR 35. In the event of a decrease in the data referred to in paragraph 5b, § 11 para. 1 Z 3 and for the person of the fee debtor § 13 para. 1 Z 3 are to be applied for the purposes of the payment of the fee liability. The Authority may issue a residence permit (para. 5), documentation of the Community's right of residence (para. 5a) as well as writings in accordance with paragraph 5c only after the payment of the fee has been paid. "

6. § 14 Section 14 (2) Z 28 reads as follows:

" 28.		Certificates issued for the purpose of awarding or extending the granting of Austrian citizenship; "

7. § 37 (22) to (24) reads:

" (22) § 14 (4) (4), subsection (4), subsection (3) (3) (3) (b), subsection (3) (b), subsection (3) (b), subsection (3) and subsection (14) (2) of the subsection (2) of the collective agreement. 28, each in the version of the Federal Law BGBl. 52/2009, will enter into force on 1 September 2009 and shall apply to all the facts for which the fee debt is incurred after 31 August 2009.

Section 11 (1) (1) (1), Section 14 (3) (3) (3) of the German Collective Bargaining Agreement with regard to writings and printing works which are to be settled in order to obtain a residence permit, subheading 6 (3) (3) (lit). a, as well as (5) Z 24, tariff post 8 (5) and (7), in the version of the Federal Law BGBl. 52/2009, shall enter into force on 1 July 2009 and shall apply to all the facts for which the request for a residence permit is lodged after 30 June 2009.

Section 14 of the German collective bargaining agreement 6 (5) Z 24 as well as of the German collective bargaining agreement 8 (5) and (7), respectively, as amended before the Federal Act BGBl. I n ° 52/2009, the last time for which the request for a residence permit is to be applied before 1 July 2009 is to be applied.

§ 14 Tarifpost 6 (2) Z 3 in the version before the Federal Act BGBl. I n ° 52/2009 is the last case to be applied to situations for which the fee debt is incurred before 1 September 2009.

Section 15 (3) in the version of the Federal Law BGBl. I No 52/2009 shall enter into force on 1 August 2008 and shall apply to all the facts which will be implemented after 31 July 2008.

(23) § 14, subsection (9) (1), (2), (2a), (3), (4), (4a), (2) (1a) and (5) and (6) (6), as amended by the Federal Law BGBl (Federal Law). I No 79/2009, shall enter into force on 19 August 2009 and shall apply to all the facts for which the fee debt is incurred or incurred after 18 August 2009. Section 35 (6) in the version prior to the Federal Law BGBl. I No 79/2009 is the last case to be applied to situations which are to be implemented before 19 August 2009. Section 14 of the tariff post 9 para. 1 Z 6 shall not enter into force on 15 July 2009.

(24) Section 33 of the German Collective Bargaining Agreement 11 (2) in the version prior to the Federal Act BGBl. I n ° 75/2009 must be applied for the last time to situations where the fee is to be paid before the 1. Jänner 2010 is being created. "

8. The following paragraph 25 is added to § 37:

" (25) § 14 (5), subsection (5), subsection (5a), first sentence (5b), first sentence, (5c), (6) and (7), as amended by the Federal Law BGBl (Federal Law Gazette). I n ° 122/2009, enter into force 1. January 2010 in force and shall apply to all situations for which the fee debt shall be incurred after 31 December 2009. Section 14 (4) (4), subsection (3) (3) (3) relating to writings and printing works, which are to be attached to a request for extension of the granting of Austrian citizenship, subheading 6 (3) (b), subsection (7) (3) and subsection (14) of the collective agreement. Section 2, Z 28, in the version of the Federal Law BGBl. I n ° 122/2009, enter into force 1. January 2010 in force and shall apply to all situations for which the fee debt is incurred after 31 December 2009. "

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 ° 4/2008, shall be amended as follows:

1. In Section 5 (3), after the phrase "a house order" the phrase ", which may in particular also provide for the obligation to comply with a night's sleep" inserted and the phrase "This is in the initial reception area concerned" through the phrase "The house order is in the affected care facility" replaced.

(2) The following paragraph 7 is added to § 8:

" (7) The authorities of the Federal Government, the Länder and municipalities and the offices of the Labour Market Service, which have lawfully available data, are authorized and obliged, on request, to the authorities referred to in paragraph 1 and to provide such data to the authorities of the Federal Republic of Germany. , provided that they are needed for the provision of supplies. The transmitted data shall be deleted immediately if it is no longer required for the fulfilment of the specific purpose. "

3. In accordance with § 9, the following § 9a and title shall be inserted:

" Control measures

§ 9a. In order to prepare periodic analyses in accordance with Article 5 (3) (3) (2) of the Basic Supply Agreement, the Federal Minister of the Interior, with the involvement of the tourist authorities and the tax authorities, can carry out checks on the spot, as far as the the actual supply of supplies to the objectives of the basic supply agreement (Art. 1 iVm Art. 6). To the extent that the authorities of the countries carry out such verifications in their area of competence and make a corresponding request, the Federal Minister of the Interior, the Tourism Authorities and the tax authorities may participate. "

4. The following paragraph 14 is added to § 16:

" (14) § § 5 (3), 8 (7) and 9a and headline in the version of the Federal Law BGBl. I n ° 122/2009 will be 1. Jänner 2010 in force. "

Article 5

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 ° 38/2009, shall be amended as follows:

1. In Section 1 (1), the word order shall be "Documentation of existing residence and establishment rights" through the phrase "Documentation of the right of residence of Community law" replaced.

2. In Section 1 (2) (1) (1), after the order of the word "enjoying factual deportation protection" the phrase "or after the position of a subsequent application (Section 2 (1) Z 23 Asylum G 2005) in the admission procedure (§ 28 Asylum G 2005)" inserted.

3. In § 2 para. 1 Z 6, after the word "EEA citizen" the phrase "or Swiss citizens" inserted.

4. In § 2 para. 1 Z 9 the word order shall be " excluding spouses of Austrians, EEA citizens and Swiss citizens, the 18. Life Year " through the phrase "21 years of age at the time of application" replaced.

5. § 2 para. 1 Z 14 reads:

" 14.		Community right of residence: the right of an EEA citizen and his family to reside in the territory for more than three months or in the long term on the basis of the Directive on the Free Movement of Persons; "

6. In § 2 para. 1 Z 15, after the word order "to bear the costs" the phrase "at the time of the declaration" inserted.

7. In § 2 para. 1 Z 18, after the word order "by appropriate evidence" the phrase "at the time of the declaration" as well as the point at the end of the digit is replaced by a line point.

8. The following Z 19 and 20 shall be added to Article 2 (1):

" 19.		Directive 2004 /38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Regulation (EEC) No 1612/68 Directives 64 /221/EEC, 68 /360/EEC, 72 /194/EEC, 73 /148/EEC, 75 /34/EEC, 75 /35/EEC, 90 /364/EEC, 90 /365/EEC and 93 /96/EEC, OJ L 206, 22.7.1990, p. No. 77 in the version of the corrigendum OJ L 158, 30.4.2004, p. No. OJ L 229, 29.06.2004 p. 35;
20.		EC-Switzerland Free Movement Agreement: the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons, OJ L 327, 22.7. No. OJ L 114 of 30.04.2002 p. 6 and BGBl. III No 133/2002. '

9. The following paragraphs 6 and 7 are added to § 2:

" (6) For a request for the grant or extension of a residence permit, the submission is only one statement of liability in each case (paragraph 1). 2 Z 15) or Declaration of Patentability (para. 2 Z 18) allowed. If more than one person is present in a declaration, then each of them shall be liable for the full liability amount for the undivided hand.

(7) Short-term, domestic and international stays, in particular for visiting purposes, do not interrupt the demanding or demanding duration of a stay or establishment. The same applies to the case that the foreign has left the federal territory in the wake of a subsequently-resolved foreign-police decision. "

10. In Section 3 (3), the phrase "In the case of applications which have already been rejected for formal reasons (§ 22 (1) and (2)), this decision shall be taken by the Commission." through the phrase "This shall decide on applications if the procedure is to be adjusted for formal reasons (§ 22 para. 2)" replaced.

11. In § 5 (1) the word order shall be "Federal Minister for Foreign Affairs" through the phrase "Federal Minister for European and International Affairs" replaced.

12. In § § 5 (2), (7) and (83) (Z 2), the word order shall be "Federal Minister for Foreign Affairs" through the phrase "Federal Minister for European and International Affairs" replaced.

13. In Section 8 (1) (5), the word order shall be deleted "with the possibility of subsequently obtaining a settlement permit, provided that this is provided for in this Federal Law" .

14. In § 8 (4) the phrase is deleted "during the period pursuant to section 27 (1)" .

Article 8 (5) reads as follows:

" (5) Without prejudice to § § 32 and 33, the scope of the authorisation of a residence permit shall be determined from the 2. Part. "

16. § 9 together with headline reads:

" Documentation of the right of residence of the Community

§ 9. (1) For the documentation of the Community right of residence for more than three months, the following shall be issued on request:

1.		a "registration certificate" (§ 53) for EEA citizens who are staying in Austria for more than three months; and
2.		a "residence card for nationals of an EEA citizen" (§ 54) for third-country nationals who are nationals of EEA citizens who are legally resident in the European Union.

(2) The documentation of the permanent right of permanent residence of the Community shall be issued on request:

1.		a "certificate of permanent residence" (§ 53a) for EEA citizens who have acquired the right of permanent residence, and
2.		a "permanent residence card" (§ 54a) for third-country nationals who are nationals of an EEA citizen and who have acquired the right of permanent residence.

(3) proprietors of registration certificates (para. 1 Z 1) or certificates of permanent residence (para. 2 Z 1) can be issued on request for a "photo ID for EEA citizens" with a five-year validity period. The photo identification card for EEA citizens, the residence card and the permanent residence card are considered to be identity documents. The form and content of the registration certificate, the certificate of permanent residence, the photo ID for EEA citizens, the residence card and the permanent residence card shall be determined by the Federal Minister of the Interior by Regulation. "

17. § 10 together with headline reads:

" Invalidity and non-reciprocity of residence permits and documentation of the right of residence of the Community

§ 10. (1) The residence permit and documentation of the Community right of residence shall become invalid if a ban on residence or expulsion is enforceable or becomes legally enforceable against strangers. Such strangers lose their right to stay. A residence permit or a documentation of the right to reside in the Community lives up to the law because of the law, provided that within its original period of validity the ban on the right of residence is remedied in a different way than in accordance with § 65 FPG or the expulsion. .

(2) A residence permit shall also be invalid if the Authority has established that a third-country national, with the exception of the holder of a residence permit "Permanent Residence-EC" (§ 45) and "Permanent Residence-Family Member" (§ 48), does not more in Austria, or is established in Austria.

(3) The residence permit and documentation of the Community's right of residence shall be subject to the following conditions:

1.		the foreign is granted a further residence permit or establishment right under this Federal Act with overlapping validity;
2.		the foreign citizen of Austria, EEA citizen or Swiss citizen;
3.		a residence permit entitled 'permanent residence-EC' of another Member State is issued to the foreign person;
4.		the foreigner is in possession of a residence permit "permanent residence-EC" or "permanent residence-family member" and has not been established in Austria for six years;
5.		the period of absence of the foreign person, which has been issued with a certificate of permanent residence or a permanent residence card, shall be more than two consecutive years from the territory of the Federal Republic of Germany;
6.		the stranger so far was EEA citizen or Swiss citizen and becomes a third country national or the stranger is no longer entitled to the Community right of residence;
7.		a case of § 8 (4) or § 55 (5).

(4) The invalidity, non-validity or the erasure of a residence permit, which is shown in the travel document, is to be identified in these travel documents. For this purpose, any authority which has a travel document on the occasion of an official act in accordance with a federal law shall be authorized to do so. State-citizenship authorities shall be obliged to do so.

(5) These documents shall be delivered to the Authority in an invalid, non-object or loftised document. Any authority that carries out an official act under a federal law is empowered to collect documents to be delivered; the authorities are obliged to do so by the authorities. Likewise, the institutions of the Public Security Service shall be empowered to collect documents to be delivered, which shall be submitted to the Authority without delay. '

18. § 11 para. 1 Z 3 reads:

" 3.		has been issued against him by a enforceable expulsion and has not already been 18 months since his departure, unless he has submitted an application in accordance with Article 21 (1), after he has voluntarily complied with his extradition obligation is; "

19. In § § 11 (1) (5) and (21) (6) (6), after the word "View-free" the phrase "or visitish-responsible" inserted.

Article 11 (5) reads as follows:

" (5) The stay of a stranger does not lead to any financial burden on a local authority (paragraph 1). (2) (4) if the foreign person has fixed and regular incomes which enable him to live without recourse to the social assistance services of the local authorities and to the amount according to the guidelines of Section 293 of the General Assembly Social Insurance Act (ASVG), BGBl. No. 189/1955. Fixed and regular own income is reduced by regular expenses, in particular by tenancy charges, credit charges, pleadings and maintenance payments to third parties not living in the common household. In this case, one one-time amount remains unaccounted for up to the amount laid down in § 292 (3) second sentence of the ASVG and does not lead to an increase in the necessary income in the sense of the first sentence. In the case of proof of maintenance funds through maintenance claims (§ 2 para. 4 Z 3) or by means of a declaration of liability or a declaration of sponsorship (para. 2 Z 15 or 18), is to calculate the performance of the pledge only the subsistent subsistent minimum according to § 291a of the Executive Order (EO), RGBl. No. 79/1896, to take account of an overrising one. "

21. In § 13 para. 2 Z 1, the parenthesis shall be "(§ § 2 (5) and 12 (8) of the AuslBG and § 41)" by the citing quote "(§ § 2 para. 5 and 12 para. 8 AuslBG as well as § § 41 and 43 (1) (1) (1))" replaced.

22. In § 14 (1), after the phrase "in the long term or in the longer term" the phrase "in the federal territory of pimp or" inserted.

23. The following paragraph 9 is added to § 14:

" (9) The Authority may, on its own account or at the request of the Austrian Integration Fund, state that, despite the existence of a certificate pursuant to paragraph 5 (2), (4) or (5) of the third country nationals, the integration agreement is lacking Required knowledge in accordance with Section 2 (2) (iVm) § 16 (1) (1) (2). If the procedure is initiated at the request of the Austrian Integration Fund, it shall have party status in this procedure. "

Section 18 (2) Z 1 reads as follows:

" 1.		two representatives of the Federal Ministry of the Interior, as well as one representative of five Federal Ministries, appointed by the Federal Minister for Home Affairs, with asylum, migration and integration issues; "

25. In § 19 (1), after the word "residence permits" the phrase "or on the issue of a documentation of the Community's right of residence" inserted.

26. In Section 19 (4), the phrase "the recognition service data necessary for the production of a residence permit," through the phrase "the necessary recognition service data" replaced.

27. § 19 (5) reads:

" (5) In the case of the initial application, the identification of the necessary recognition service data Due to lack of technical conditions, no application has already been made to the Occupational Representative Office , this shall be done by the competent national authority. In the case of renewal applications, acceptance of the necessary recognition service data shall be carried out by the competent national authority in any case for each application. If this is in the interest of simplicity, appropriateness and economy, the Governor of the State may instruct individual or several district administrative authorities in his/her scope of action, and the collection of these data also by not to have local administrative authorities responsible, the actions of which shall be attributed to the competent and local authority. "

28. In § 19 (7), the following shall be taken after the word "Residence Title" the phrase "and documentation of the Community's right of residence" inserted .

29. The following paragraph 11 is added to § 19:

" (11) The loss and unusefulness of a residence permit or a documentation of the Community's right of residence, as well as changes in the content of a residence permit or a documentation of the Community legal system The foreign authority of the authority must report the identity data on the basis of the right of residence without delay. On request, the documents shall be re-issued with the original period of validity and in the original scope of authorization, if necessary with corrected identity data. "

30. In § 20 (3), after the word order "enforceable," the phrase "deviating from § 24 also" inserted.

31. § 20 (4) and (5) reads as follows:

" (4) A residence permit referred to in paragraph 3 shall be deleted if the foreign person stays for more than 12 consecutive months outside the EEA territory. For reasons worthy of consideration, such as a serious illness, the performance of a social obligation or the performance of a service comparable to that of general conscription or civil service, the stranger may be for 24 months outside the EEA territory, if it has previously notified the Authority. In the event of a legitimate interest of the stranger, the Authority shall, upon request, state that the residence permit is not an erloc. The proof of stay in the EEA territory is the responsibility of the stranger.

(5) Paragraph 4 does not apply to holders of a residence permit "permanent residence-family member" (§ 48), if:

1.		his spouse or parent is an Austrian who is in a service relationship with a domestic local authority and whose place of business is abroad; or
2.		His spouse or parent is an Austrian who is in a service relationship with a domestic corporation under public law and whose place of employment is abroad, insofar as the activity of this body abroad is in the interest of the Republic and
he/she has previously communicated the intended task of establishment (Section 2 (2)) of the Authority. The presence of the conditions according to Z 1 or 2 has to be proven by the foreign. The residence permit "permanent residence-family member" shall also be extended upon request, even after the establishment has been established. "

32. In Section 21 (2) (1) (1) and (47) (1), the word order shall be "those who do not have the right to freedom of movement" through the phrase "have not taken advantage of their Community law or the right of residence of more than three months to which they have been entitled under the EC-Switzerland Free Movement Agreement" replaced.

33. § 21 (2) (2) and (3) reads:

" 2.		Foreign up to a maximum of six months after the end of their legal establishment in the Federal territory if they have not required an authorization or documentation under this Federal Law for this branch;
3.		Foreign nationals up to six months after loss of Austrian citizenship, or citizenship of Switzerland or of an EEA State; "

33a. The following sentence is added to Article 21 (6):

"Likewise, it does not prevent the release and implementation of foreign police measures and can therefore not have a suspensive effect in foreign police proceedings."

34. § 22 (2) reads:

" (2) The application does not meet the requirement of § 19 (1) or of a form and type of application as defined in accordance with Article 19 (3), including the use of certain forms, or the input fee has been paid in accordance with § 14 TP 6 3 lit. Where a GebG is not paid, the Occupational Representative Authority shall apply to the applicant the remedy of the defect, with the effect that the procedure shall be without further delay after a reasonable period of time, which is to be determined at the same time, has been fruitless. is set. "

35. The title of § 23 reads:

"Procedures for domestic authorities"

36. § 23 (1) and (2) reads as follows:

" (1) On the basis of the application or in the course of the investigation procedure that the foreign person requires a different residence permit or other documentation of the Community right of residence for his intended purpose of residence, he shall be entitled to to lecture on this circumstance; § 13 para. 3 AVG applies.

(2) If the foreigner who is abroad is to issue a residence permit, the authority shall have this to the competent authority for the purpose of issuing a visa for one-time entry (§ 21 FPG iVm § 24 Abs. 3 FPG) if the foreigner needs this to enter the country. The fact that the determination of the necessary recognition service data due to a lack of technical conditions did not already take place when the application was submitted to the professional agency (§ 19 para. 5 first sentence) this communication is is not against. The notification shall be dissent if the foreign person does not apply for the visa within three months from the date of notification and if the latter has been informed of this fact by the professional representative body; the procedure with the authority shall be closed without further ado. "

37. § 24 (4) reads:

" (4) With an application for renewal (par. 1), pending the release of the first instance, an application may be made to change the residence permit of the previously held residence permit or to change the residence permit. If the conditions for the requested other purpose of residence or residence permit are not fulfilled, they must be dissent separately and the previous residence permit shall be extended with the same purpose of residence, provided that the The conditions for this continue to exist. "

38. In Section 25 (1), the phrase "residence or establishment right" by the word "residence permits" replaced.

39. § 27 together with the headline is:

" Right of establishment of family members with residence permits

§ 27. (1) Family members with a settlement permit shall have a separate right of establishment. If the conditions for the family retreat are no longer fulfilled, the family member must issue a residence permit whose purpose of residence is in any case the previous purpose of the residence, if no obstacle to grant has been granted in accordance with § 11 (1) and fulfils the conditions of the grant of Section 11 (2).

(2) In spite of the absence of a grant pursuant to Section 11 (1) (3) (3) to (6), and despite the absence of a condition pursuant to § 11 (2), the members of the family shall be issued a residence permit, the purpose of which is in any case the case of the the current purpose of the stay,

1.		in the case of the death of the spouse or of the parent;
2.		in the event of divorce, the predominant debt of the other spouse, or
3.		for reasons worthy of particular consideration.

(3) In particular, reasons worthy of consideration within the meaning of paragraph 2 (2) (3), shall be provided in particular where:

1.		the family members are victims of forced marriage (§ 30a);
2.		members of the family have been victims of violence and have received an inbox of insecurity against the convicted person, § § 382b or 382e EO has been issued or
3.		the loss of the right of establishment of the merging party was the result of a foreign police measure resulting from the final conviction of the merging party on account of a deliberate act committed intentionally .

(4) In order to safeguard these rights, the family member shall disclose the circumstances referred to in paragraph 1 to 3 of the Authority without delay, but at the latest within one month. Section 24 (2) shall apply mutatily. "

40. The title of § 28 reads as follows:

"reclassification and withdrawal of a residence permit"

41. The following paragraph 5 is added to § 28:

" (5) A residence permit shall be withdrawn if the special conditions of grant of the second part are no longer available. A withdrawal may be waited if a case of section 27 (2) or (3) is present or if a different residence permit is to be issued to the stranger in the context of a purpose-modification procedure (§ 26). § 10 (3) (1) applies. "

42. The following paragraph 4 is added to § 29:

" (4) It is not possible for the foreigner to make a claim and, on the basis of the results of the investigation which has been previously available, dubious minors, to which he is based in a procedure under this Federal Act, by means of safe documents or other appropriate and equivalent certifying agents, the Authority may, within the framework of a multi-factorial investigation methodology for age diagnosis (Article 2 (1) (25) of the Asylum Act 2005), also be able to carry out radiological investigations, in particular, X-ray examinations. Each examination method shall be carried out with the least possible intervention. The participation of the stranger in a radiological examination is not enforceable with compulsory means. If, after the diagnosis of the age, there are still reasonable doubts, it must be assumed in favor of the stranger from his minor. "

43. The following paragraph 3 is added to § 30:

"(3) The provisions of paragraphs 1 and 2 shall also apply to the acquisition and maintenance of a Community right of residence."

44. In accordance with § 30, the following § 30a and heading is inserted:

" Forced

§ 30a. If a person has been forced to close a marriage against her will, none of the spouses may be in favour of the granting and retention of a residence permit or of the acquisition and maintenance of a Community right of residence. to this marriage. § 69a (1) (3) shall apply. "

45. The following sentence shall be added to section 35 (1):

"This also applies to the exhibition of a residence card or permanent residence card."

46. § 37 (4) reads:

" (4) If the authority suspects that a residence or a residence permit exists in respect of a particular stranger in the event of an official act under this Federal Act, it shall have the competent authority of the to agree to this suspicion. This communication inhibits the expiry of the period in accordance with Section 73 (1) of the AVG (AVG) until a notice by the Tourist Office pursuant to Section 110 of the FPG (FPG) has been submitted to the Authority. If the Tourism Authority informs that there is no residence or residence permit, or if the information provided by the Tourist Authority does not take place within three months, the Authority shall be deemed to have had a marriage or adoption; because the Tourism Authority is aware of the fact that the surveys have not yet been completed. In this case, the time limit for the notification in accordance with § 110 FPG shall be extended once for a further two months. "

47. The following paragraph 6 is added to § 37:

" (6) The authorities under this federal law are authorized and obliged on request to submit data to the authorities of the Federal Government, the Länder and municipalities, the offices of the Labour Market Service and the institutions of the Social Security Insurance, provided that: They need the data to carry out the tasks assigned to them by federal law as well as to enforce civil law claims. "

48. The following paragraph 4 is added to § 38:

" (4) The Federal Minister of the Interior is authorized, on a case-by-case basis, on a reasoned request from a Member State of the European Union, to this data processed in accordance with Article 102 (1) (1) to (11) of the FPG, provided that reciprocity is granted, "

49. § 41 para. 2 Z 1 reads:

" 1.		must be rejected or dismissed due to lack of form or absence of a condition in accordance with § § 19 to 24; "

50. The following paragraphs 4 to 7 are added to § 43:

"(4) Third-country nationals may be granted a quota-free" establishment permit-unrestricted " 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) Third-country nationals may be granted a quota-free "establishment permit-unrestricted" if they

1.		the conditions of the 1. Fulfill Part and
2.		have a residence permit in accordance with § 45 and have been granted a residence permit pursuant to § 20 (4).

(6) In the case of third-country nationals residing in the territory of the Federal Republic of Germany, a quota-free "establishment permit-unrestricted" may be issued on application to be submitted to the local authority in the territory of the country, provided that:

1.		the conditions of the 1. Part and
2.		meet the conditions laid down in paragraph 2 (3), 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).

(7) On request, third-country nationals residing in the territory of the Federal Republic of Germany shall be granted a "residence permit-unrestricted" 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 (7) or 48 (4)) is not to be granted. "

51. § 44 (1) reads:

"(1) Third-country nationals with a" establishment permit-key force "may be granted a quota-free" establishment permit-limited " if it is granted

1.		the conditions of the 1. Fulfill Part and
2.		have exercised an activity as a self-employed key force (§ 24 AuslBG) in the last 18 months and are to be pursued further or have an entitlement under the Foreigners Employment Act. "

51a. In § 44 (4), the final sales shall be:

" The Authority shall take into account the degree of integration of the third-country national, in particular the self-preservation capacity, education and vocational 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) shall be rejected as inadmissible if a significant change in the facts of the application does not come about from the reasoned submission. "

51. The following paragraph 5 is added to § 44:

" (5) Applications in accordance with paragraph 4 do 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-limited" in accordance with paragraph 4 is probable, for which the conditions laid down in (4) (1) and (2) 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. Procedures in accordance with paragraph 4 shall be deemed to have been terminated if the foreign has left the federal territory. "

51c. § 44b (3) reads:

" (3) Applications pursuant to § § 43 (2) and (44) (3) do not constitute a residence permit 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. Procedures in accordance with § § 43 (2) and (44) (3) shall be deemed to have been terminated beyond the cases of § 25 (2) if the foreigner has left the federal territory. "

52. According to Article 45 (1), the following paragraph 1a is inserted:

" (1a) Third country nationals authorised to establish a place of establishment are the time of legal residence in the Federal Republic of Germany by reason of a residence permit (Section 8 (1) (5)) or a residence permit as subsidiary protection authority (Article 8 (4) of the Asylum Act 2005), half of which is to be set off on the five-year period referred to in paragraph 1. "

52a. In Section 45 (5), the quote shall be: "§ 7 (2) Asylum Act 2005" by quoting "§ 7 (3) Asylum Act 2005" replaced.

53. The following paragraphs 6 to 8 are added to § 45:

" (6) If a case of section 43 (5) is present, the five-year period shall be reduced to 30 months in accordance with paragraph 1.

(7) 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 establishment in the last five years.

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

54. In Section 46 (3), the text of the sentence shall be: "(§ 41)" by the citing quote "(§ § 41 and 43 (1) (1) (1))" replaced.

55. According to Article 46 (4), the following paragraph 4a is inserted:

"(4a) If a right of establishment has been granted to the applicant in accordance with Article 43 (4) and there is no case of paragraph 5 (5) (3), the family member may be granted a quota-free" establishment permit-limited " if the applicant is responsible for the Prerequisites for the 1. Part. "

56. § 46 (5) reads:

" (5) Members of the family of third country nationals shall be members of the family if they fulfil the conditions of the first Continue to fulfil a quota-free "establishment permit-unrestricted"

1.		in the case of paragraph 3, after the expiry of 18 months from establishment, if the confederation has been granted the "residence permit-unrestricted" pursuant to § 43 (1) (1) (1);
2.		in the cases referred to in paragraph 4 (3) (a), (b) and (d) at the end of twelve months from establishment;
3.		if a residence permit has been issued to the confederation in accordance with Section 43 (4) and the family member has been legally resident in the Federal Republic of Germany for twelve months with a residence permit. "

57. In § 47, paragraph 5, the quote shall be "§ 27 (2) to (4)" by quoting "§ 27" replaced.

58. According to Article 48 (1), the following paragraph 1a is inserted:

" (1a) Third country nationals authorised to establish a place of establishment are the time of legal residence in the Federal Republic of Germany by reason of a residence permit (Section 8 (1) (5)) or a residence permit as subsidiary protection authority (Article 8 (4) of the Asylum Act 2005), half of which is to be set off on the five-year period referred to in paragraph 1. "

(59) The following paragraphs 3 to 5 are added to § 48:

" (3) If a case of section 43 (5) is present, the five-year period shall be reduced to 30 months in accordance with paragraph 1.

(4) A residence permit "permanent residence-family member" shall be issued on request 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.

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

60. The 4. The main part of the second part, including the headline, is:

" 4. Main item

Community law

Community law of residence of EEA citizens for more than three months

§ 51. (1) On the basis of the Free Movement Directive, EEA citizens shall be entitled to stay for more than three months if they

1.		are employed or self-employed in Austria;
2.		for themselves and their family members have sufficient resources and comprehensive health insurance cover, so that they do not have to benefit from social assistance during their stay; or
3.		the main purpose of their stay is to complete an education, including vocational training, at a public school or a legally recognised private school or educational institution, and to meet the requirements of Z 2.

(2) The employment status of an employed or self-employed person in accordance with paragraph 1 (1) (1) shall be retained by the EEA citizen who no longer exercises this activity, if he/she is

1.		is temporarily incapable of work due to illness or accident;
2.		in the case of duly confirmed involuntary unemployment, after more than one year of employment, is available to the competent regional office of the Labour Market Service;
3.		in the case of involuntary unvoluntary unemployment, after expiry of the employment contract of less than one year or in the course of the first twelve months of involuntary unemployment, competent regional office of the Labour Market Service, in which case the employment status shall be maintained for at least six months, or
4.		(a) vocational training begins, and the maintenance of the employment status implies that there is a link between this training and the former professional activity, unless the person concerned has previously received his Workplace is lost involuntly.

(3) In order to safeguard its right, the EEA citizen shall immediately inform the Authority of these circumstances, as well as the omission of the conditions laid down in paragraph 1 (1) to (3) of the Authority without delay, but within one month at the latest. The Federal Minister of the Interior is authorized to lay down the provisions for the confirmation pursuant to paragraphs 2 (2) (2) (2) and (3) of this Regulation.

Right of residence for members of EEA citizens

§ 52. (1) On the basis of the Free Movement Directive, EEA citizens who are members of EEA citizens who are legally resident in the Community (§ § 51 and 53a) are entitled to stay for more than three months if they

1.		Ehegatte;
2.		Relatives of the EEA citizen or his/her spouse in a straight descending line to the completion of the 21. years of life and beyond, provided that they are actually granted by such maintenance;
3.		Relatives of the EEA citizen or of his/her spouse are in a straight ascending line, provided that they are actually granted by such subsists;
4.		is a life partner who proves the existence of a permanent relationship in the country of origin, or
5.		other members of the EEA citizen,
a)			which have actually been subject to maintenance by the EEA citizen in the country of origin,
b)			who have already lived in the home state in the home country with the EEA citizen, or
c)			for which serious health reasons make personal care mandatory.

(2) The death of the cooperating EEA citizen, his not merely temporary withdrawal from the territory of the Federal Republic of Germany, or the divorce or annulment of the marriage with him, shall not affect the right of residence of his or her relatives pursuant to paragraph 1 of this Article.

Registration certificate

§ 53. (1) EEA citizens who are entitled to the right of residence under Community law (§ § 51 and 52), if they are staying in the Federal Republic for more than three months, shall notify this within four months of the date of entry of the authority. If the conditions are fulfilled (§ § 51 or 52), a registration certificate must be issued by the authority upon request.

(2) A valid identity card or passport as well as the following documents must be submitted for proof of the right of residence of the Community:

1.		pursuant to section 51 (1) (1) (1): confirmation of the employer or proof of self-employment;
2.		pursuant to section 51 (1) (2): evidence of sufficient means of existence and comprehensive health insurance cover;
3.		pursuant to section 51 (1) (3): proof of admission to a school or educational institution and comprehensive health insurance cover, as well as a declaration or other evidence of sufficient means of existence;
4.		in accordance with § 52 (1) (1) (1): a documentary proof of the existence of the marriage;
5.		in accordance with § 52 (1) (2) and (3): a documentary evidence of the existence of a family relationship as well as of children from the completion of the 21. the life year and relative of the EEA citizen or his/her spouse in a straight ascending line, proof of the actual maintenance of the maintenance;
6.		in accordance with Section 52 (1) (4): a proof of the existence of a lasting relationship with the EEA citizen in the country of origin;
7.		in accordance with Article 52 (1) (5): a documentary evidence of a competent authority of the State of origin of the maintenance of the EEA citizen or of life in the domestic community, or proof of the serious health reasons which the personal care provided by the EEA citizen is mandatory.

Certificate of permanent residence of EEA citizens

§ 53a. (1) EEA citizens who are entitled to the right of residence under Community law (§ § 51 and 52) shall acquire, irrespective of the further existence of the conditions pursuant to § § 51 or 52 after five years of legal and uninterrupted stay in the Federal Republic of Germany the right of permanent residence. Upon request after verification of the duration of the stay, they shall be issued without delay a certificate of their permanent residence.

(2) The continuity of the stay in the Federal territory shall not be interrupted by

1.		Absences of up to a total of six months per year;
2.		Absences for the performance of military duties, or
3.		by a one-off absence of no more than 12 consecutive months for important reasons such as pregnancy and chili-ation, serious illness, study, vocational training or professional posting.

(3) By way of derogation from paragraph 1, EEA citizens shall acquire the right of permanent residence in accordance with Section 51 (1) (1) (1) before the end of the five-year period if they:

1.		at the time of leaving the working life, have reached the age of regular retirement, or are employed persons who end their employment in the framework of an early retirement scheme, provided that they do so in the territory of the Federal Republic of Germany during the last twelve months and have been uninterrupted in the federal territory for at least three years;
2.		have been uninterrupted for at least two years in the territory of the Federal Republic of Germany and give up their gainful employment as a result of permanent incapacity to work, and the condition of the residence period shall be waived if the incapacity for work is due to a an accident at work or an occupational disease on the basis of which the pension is entitled to a pension which, in whole or in part, is to the detriment of an Austrian pension insurance institution; or
3.		3 years uninterrupted in the territory of the Federal Republic of Germany and staying in the territory of another Member State of the European Union, retain their place of residence in the territory of the Federal Republic of Germany and, as a rule, at least once a week return there;
The periods of employment in another Member State of the European Union shall be regarded as periods of employment in the territory of the Federal Republic of Germany for the purpose of acquiring the right under the terms of Z 1 and 2. Periods in accordance with § 51 (2) shall be taken into account in the calculation of the time limits. To the extent that the spouse of the EEA citizen has the Austrian nationality or after marriage with the EEA citizen, the conditions for the duration of the stay and the duration of the employment in Z 1 and 2 are no longer necessary.

(4) EEA citizens who are members of EEA citizens who are legally resident in accordance with § 51 (1) (1) (1) are also entitled to the right of permanent residence if the cooperating EEA citizen predates the right of permanent residence pursuant to para. 3 had acquired or acquired prior to his/her death, provided that he had already had permanent residence with the EEA citizen in the course of his/her permanent residence.

(5) If the EEA citizen has died in the course of his working life in accordance with Section 51 (1) (1) (1) before acquiring the right of permanent residence in accordance with paragraph 3, his/her family members who are themselves EEA citizens and who at the time of his death are entitled to acquire have had their permanent residence, the right of permanent residence, if

1.		the EEA citizen has been uninterrupted for at least two years in the territory of the Federal Republic of Germany at the time of his death;
2.		the EEA citizen has died as a result of a work accident or occupational disease, or
3.		The surviving spouse the Austrian nationality after marriage with the EEA citizen.

Residence cards for members of an EEA citizen

§ 54. (1) Third-country nationals who are nationals of EEA citizens who are legally resident in Community law (§ 51) and who fulfil the conditions set out in § 52 (1) Z 1 to 3 shall be entitled to stay for more than three months. On request, you must issue a residence card for a period of five years or for a shorter period of stay. This application shall be submitted within four months from the date of entry. § 1 para. 2 Z 1 shall not apply.

(2) In order to prove the Community right of residence, a valid identity card or passport, the registration certificate or the certificate of permanent residence of the cooperating EEA citizen, as well as the following documents are to be submitted:

1.		in accordance with § 52 (1) (1) (1): a documentary proof of the existence of the marriage;
2.		in accordance with Article 52 (1) (2) and (3): a documentary evidence of the existence of a family relationship, and in the case of children over 21 years of age and relatives of the EEA citizen or of his spouse in a straight ascending line, proof of the actual Maintenance.

(3) The right of residence of the relatives referred to in paragraph 1 shall remain in spite of the death of the EEA citizen if they have been staying in the territory of the Federal Republic of Germany for at least one year prior to the death of the EEA citizen and if they prove that they are the Requirements of § 51 (1) (1) (1) to (2).

(4) The right of residence of underage children of a legally resident EEA citizen who is a third-country national shall also remain after the death or not merely the temporary withdrawal of the EEA citizen until the conclusion of the School education at a public school or a legally recognised private school. This also applies to the parent who is a third country national, provided that he actually takes care of the care for the minor children.

(5) The right of residence of the spouses who are third-country nationals shall be maintained in the event of divorce or annulment of the marriage if they demonstrate that they fulfil the conditions of section 51 (1) (1) and (2) applicable to EEA citizens, and

1.		the marriage has passed at least three years until the initiation of the divorce or annulment proceedings, of which at least one year in the Federal territory;
2.		are to be entrusted with the sole care of the children of the EEA citizen;
3.		it is necessary in order to avoid a particular hardship, in particular because the spouse cannot be allowed to hold a marriage to the marriage on account of the detriment of his or her legitimate interests, or
4.		the right to personal contact with the minor child is given to them, provided that the parish court is of the opinion that the handling-as long as it is deemed necessary-may be carried out exclusively in the territory of the Federal Republic of Germany.

(6) In order to preserve his right of residence, the family member shall be aware of these circumstances, such as, in particular, the death or withdrawal of the applicant EEA citizen, or the divorce from the latter, without delay, but at the latest within one month of the date of the divorce. .

(7) If there is a residence permit or a residence permit (§ 30), a forced marriage (§ 30a) or a pre-deception of a descent or a family relationship with an EEA citizen entitled to a residence in a Community law, the to reject an application in accordance with paragraph 1 and to link the refusal with the finding that the applicant does not fall within the scope of the Community right of residence.

Permanent residence cards

§ 54a. (1) Third-country nationals who are nationals of EEA citizens who are legally resident and who fulfil the conditions set out in § 52 (1) (1) (1) to (3) shall acquire the right of permanent residence if they have been uninterrupted for five years have been legally resident in the federal territory. Section 53a (2) shall be taken into account in the calculation of the five-year period.

(2) Before the end of the five-year period, these relatives shall acquire the right of permanent residence in the cases referred to in § 53a (4) and (5).

(3) A permanent residence card shall be issued for a period of ten years on request, if the conditions of para. 1 and 2 are fulfilled, on the basis of the conditions set out in paragraphs 1 and 2 of this Article. This application shall be submitted before the expiry of the period of validity of the residence card. § 1 para. 2 Z 1 shall not apply.

Non-existence, continuity and verification of the right of residence for more than three months

§ 55. (1) EEA citizens and their family members shall be entitled to the right of residence in accordance with § § 51, 52, 53 and 54, as long as the conditions laid down therein are fulfilled.

(2) In the event of a notification pursuant to Sections 51 (3) and 54 (6) or on special occasions such as in particular the Authority's knowledge of the death of the EEA citizen entitled to stay in the EEA or a divorce, the existence of the conditions may result in a notification. shall be checked.

(3) If the right of residence does not exist in accordance with § § 51, 52 and 54, because there is a danger for reasons of public order, security or health, the evidence in accordance with § 53 (2) or § 54 (2) is not provided or the conditions are fulfilled. for this right of residence no longer exists, the authority must inform the person concerned in writing and inform him that the competent tourist authority has been referred to a possible end-of-residence permit. The competent tourist authority shall be referred to the applicant without delay, but no later than at the same time as the notification to the applicant. This does not apply in a case in accordance with § 54 (7).

(4) In the event of a residence termination (Section 86 (2) of the FPG), the Tourism Authority shall inform the Authority accordingly. If the person concerned does not already have a valid documentation, the authority shall, in this case, immediately carry out the documentation of the right of residence or issue a residence permit to the person concerned, if this is done in accordance with the provisions of this Regulation. Federal law is provided for.

(5) In the event of a residence completed by third-country nationals who are nationals but no longer fulfil the conditions, they shall be granted a quota-free "residence permit-unrestricted".

(6) In the case of a residency in legal force, a procedure pending in accordance with the provisions of this Federal Act shall be terminated. The procedure should be continued in the event of a termination of a residence, if a temporary residence measure is not renewed.

Special cases of establishment of nationals of EEA citizens

§ 56. (1) Third country nationals who are nationals within the meaning of section 52 (1) (4) and (5) of the EEA citizens according to § 51 may, on request, be granted a quota-free "residence permit-member" if they meet the requirements of 1. Part. In accordance with § 51, the EEA member of the European Economic Area (EEA) will also have to make a declaration of liability, without prejudice to its own resources.

(2) Proof of this right shall be accompanied by a valid identity card or passport, the registration certificate or the certificate of permanent residence of the cooperating EEA citizen, as well as the following documents:

1.		in accordance with section 52 (1) (4): the proof of the existence of a lasting relationship with the EEA citizen in the country of origin;
2.		in accordance with Article 52 (1) (5): a documentary evidence of a competent authority of the State of origin on the maintenance of the EEA citizen or of life in the domestic community, or proof of the serious health reasons which the personal care provided by the EEA citizen is mandatory.

(3) The members of paragraph 1 of this article may be granted a "settlement permit-limited" if:

1.		they have the conditions of 1. part of the
2.		there is a quota place and
3.		is an entitlement under the Foreigners Employment Act (AusländerEmployment).

Swiss citizens and their relatives as well as members of Austrians

§ 57. The provisions of § § 51 to 56 shall also apply to Swiss citizens who have been entitled to the right of residence of more than three months, and their family members, who have been granted the right of residence under the free-movement agreement of the EC-Switzerland. The provisions of § § 52 to 56 apply to members of Austrians, provided that the Austrian is entitled to his/her Community law or the right of residence of more than three months to be granted to him under the EC-Switzerland Free Movement Agreement in another EEA Member State or in Switzerland, and not merely temporarily returning to Austria following that stay. "

61. In § 58 Z 2, after the word "Foreign Employment Law" the phrase "or a case of § 18 para. 3 Z 2 AuslBG" inserted.

62. § 63 (1) reads:

" (1) third-country nationals may be issued with a residence permit for pupils if they meet the requirements of the 1. Fulfill Part and

1.		ordinary pupils of a public school;
2.		are ordinary pupils of a private school with public law;
3.		Students of a state school with a public right according to § 14 para. 2 lit. b of the private school law, BGBl. No 244/1962;
4.		Students of a certified non-school educational institution (§ 70) or
5.		Extraordinary pupils of a school after Z 1 or 2 are, as far as the first issue of a residence permit is concerned.
A declaration of liability shall be admissible. "

63. In § 63 (3), after the word order "Evidence of the success of the school" the phrase "and in the cases of paragraph 1 Z 5 above, on admission as an ordinary pupil" inserted.

64. § 66 (2) reads:

" (2) The residence permit shall be issued for a period of not more than one year and shall not be renewable. The change in the residence permit or residence permit in the context of a purpose-change procedure (§ 26) or a procedure pursuant to § 24 (4) is not permitted, except in the cases of § 47 (2). Nor should holders of a residence permit with a different purpose or other residence permit be granted a residence permit for social service providers within the framework of these procedures (§ § 24 (4) and 26). "

65. In § 67 (1) the word order shall be "Third-country nationals may be issued with a" residence permit-researcher "," through the phrase "Third-country nationals may be issued a" residence permit-researcher "with up to two years of validity," replaced.

66. The title of § 69 reads:

"Family Community"

67. § 69 (1) first sentence reads:

" Members of the family of merging persons (§ 2 para. 1 Z 10) who have a residence permit may be granted a secondary residence permit if they meet the requirements of the 1. Part. "

68. § 69a (1) (1) (1) reads:

1.		if the residence of the foreign person in the territory of the Federal Republic of Germany pursuant to § 46a Z 1 or 3 FPG has been tolerated for at least one year and the conditions for this are still available, unless the foreigner poses a danger to the general public or to the security of the Republic of Austria, or has been finally convicted by a national court for a crime (§ 17 StGB). A conviction by a national court is to be convicted by a foreign court which is subject to the conditions of § 73 StGB (German Civil Code), BGBl. No 60/1974; "

69. In § 69a para. 1 the word in Z 2 "or" at the end of the digit by a stroke point and in Z 3 the point by the word "or" and the following Z 4 are added:

" 4.		if it is
a)			in order to act as an unaccompanied minor (Article 2 (1) (17)), or
b)			for a minor, a right of residence cannot be derived in accordance with Section 23 (4)
		, and the minor is not merely temporarily in the care of foster parents or the child due to a court decision, by virtue of a law or an agreement of the biological parents with the youth welfare carrier to protect the child's child Youth welfare carrier is located. The foster parents shall be considered to be legal representatives within the meaning of § 19. "

69a. In Section 69a (2), the phrase "§ 25 (2) shall apply mutatily." through the phrase " Likewise, they do not oppose the release and conduct of foreign police measures and therefore cannot have a suspensive effect in foreign police proceedings. Section 25 (2) shall apply mutatily. In addition, procedures in accordance with paragraph 1 shall be deemed to be discontinued if the foreigner has left the federal territory. " replaced.

70. The following paragraph 6 is added to § 69a:

"(6) A residence permit as referred to in paragraph 1 Z 4 shall be granted free of charge."

71. § 77 reads:

" § 77. (1) Who

1.		an amendment of the residence permit during the validity of the residence permit of the authority does not disclose without unnecessary delay (Section 25 (1)) or acts which are not covered by the scope of purpose (Section 8 (5));
2.		a document that is not valid, unopposed or received does not issue to the Authority;
3.		is required to comply with the integration agreement and does not provide proof of proof five years after the residence permit has been issued under this federal law for reasons which are exclusively attributable to him, unless a postponing of the residence permit has been made granted in accordance with Article 14 (8);
4.		not applying for a registration certificate, a residence card or a permanent residence card in accordance with § § 53, 54 and 54a in due time, or
5.		in accordance with § § 19 (11), 51 (3) or 54 (6) does not comply with the obligation to report in good time,
shall be subject to an administrative surrender and shall be punished with a fine of 50 euros up to 250 euros, in the case of their incriminality, with imprisonment of up to one week.

(2) Who

1.		the obligation to report in accordance with Section 70 (4) or § 71 (4) does not comply;
2.		a declaration of liability or a declaration of sponsorship (§ 2 (1) Z 15 or 18), although he or she should know that his performance is not sufficient to bear the costs to be considered and therefore he/she is obliged to fulfil his obligations under the may or may not comply with liability declaration or declaration of sponsorship;
3.		during an upright liability declaration or a declaration of sponsorship (§ 2 para. 1 Z 15 or 18), he or she shall act, of which he or she should be aware or need to know that it will lead to the loss of his or her performance;
4.		issue certificates within the meaning of Section 14 (5) Z 2 or 5 iVm with paragraph 6, although the certification has been withdrawn from him (Section 16 (5));
5.		issue certificates within the meaning of Article 14 (5) Z 2 or 5 iVm with paragraph 6, although he or she should know that the third-country national does not have the necessary knowledge, or
6.		complete a recording agreement (§ 68) without having sufficiently identified the required qualifications of the researcher in the individual case
shall be subject to an administrative surrender and shall be punished with a fine of EUR 1 000 up to EUR 5 000, in the case of their incriminality, with a custodial sentence of up to three weeks.

(3) Anyone who is committing an act in accordance with paragraph 2, even though he has already been punished in a legally binding manner for such a crime, shall be punished with a fine of EUR 5 000 up to EUR 15 000 or imprisonment of up to six weeks. "

72. § 81 (7) reads:

" (7) Documentations that prior to the entry into force of the Federal Law BGBl. I n ° 122/2009, without prejudice to the designation, they shall continue to apply as if they were in accordance with the Federal Law BGBl Act. I No 122/2009. § 54a shall apply in such cases with the proviso that the application shall not be bound by a deadline. Section 77 (1) Z 4 does not apply to these cases. "

73. The following paragraphs 13 to 15 are added to § 81:

" (13) § 77 of this Federal Law in the version of the Federal Law BGBl. I n ° 38/2009 applies to criminal acts which are before the 1. Jänner 2010, continued.

(14) A residence permit has been issued prior to the entry into force of the Federal Law BGBl. I n ° 122/2009, is Section 11 (5) in the version of the BGBl. I n ° 122/2009 on an immediately following procedure in accordance with § § 24 or 26, subject to the proviso that rental charges do not diminish the fixed and regular own income. On the occasion of the conclusion of the residence permit in such a procedure, the foreign person is to be lectured on the current legal situation regarding the requirements of § 11 paragraph 5.

(15) All following the entry into force of the Federal Law BGBl. In accordance with § § 44 (4) and (69a), the provisions of the Federal Law of the Federal Republic of Germany (BGBl) are subject to the following provisions: I n ° 122/2009. "

74. The following paragraph (12) is added to § 82:

" (12) § § 1 (1) and (2) (2) (1), (2) (1) Z 6, 9, 14, 15, 18 to 20, (6) and (7), § 3 (3), 5 (1) and (2), 7, 8 (1) (5) and (4) and (5), (9) and the title, 10 (1), (3) and (5) and (5) and (5), 13 (2), (1), (14) (1) and (9). § 28 (1) and (2), Section 23 (1) and (2), 24 (4), 25 (1) and (27), the title of § 28, § 28 (5), (4), (4), (3), (3), (3), (2), (2), (2), (2), (2), (2), (2), (2), (2), (2), (4), (4), (4), (4), (4), (4 30a including heading, 35 para. 1, 37 (4) and 6, 38 (4), 41 (2) Z 1, 43 (4) to (7), (1), (4) and (5), § 44b (3), 45 (1a) and (6) to (8), 46 (3), (4a) and (5), 47 (1) and (5), (1) and (5). 5, 48 (1a) and (3) to (5), the title of the 4. Main piece, § § 51 to 57 including headlines, 58 Z 2, 63 para. 1 and 3, 66 para. 2, 67 para. 1, the title of § 69, § § 69 (1), 69a (1), (1) to (4) and (2) and (6), 77, 81 (7) and 13 to 15, 83 (2), and the table of contents in the text of the Federal Law BGBl. I n ° 122/2009 will be 1. Jänner 2010 in force. "

75. The table of contents is amended as follows:

(a) The headings of § § 9 and 10 are:

" § 9.	Documentation of the Community's right of residence
§ 10.	Invalidity and non-reciprocity of residence permits and documentation of the Community's right of residence "

(b) The heading of § 23 reads as follows:

" § 23.

Procedures for domestic authorities "

c) The headings of § § 27 and 28 are:

" § 27.	Right of establishment of family members with residence permits
§ 28.	Reclassification and withdrawal of a residence permit "

(d) § 30 shall be inserted in accordance with § 30:

" § 30a.

Forced "

(e) The name of the 4. The main part of the second part and the § § 51 to 57 are:

" 4. Main item: Community legal residence permit
§ 51.	Community right of residence of EEA citizens for more than three Months
§ 52.	Right of residence for members of EEA citizens
§ 53.	Registration certificate
§ 53a.	Certificate of permanent residence of EEA citizens
§ 54.	Residence cards for members of an EEA citizen
§ 54a.	Permanent residence cards
§ 55.	Non-existence, continuity and verification of the right of residence for more than three months
§ 56.	Special cases of establishment of nationals of EEA citizens
§ 57.	Swiss citizens and their relatives as well as members of Austrians "

(f) The heading of § 69 reads as follows:

" § 69.

Family Community "

Article 6

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 ° 4/2008, in the version of the BGBl agreement. I n ° 108/2008, shall be amended as follows:

1. § 5 reads:

" § 5. (1) If the stranger does not succeed, one claimed and, on the basis of the results of the investigation procedure which has been previously available, dubious minors, to which he is based in a procedure under this Federal Law, by means of safe documents or other appropriate and equivalent certifying agents, the Authority may, within the framework of a multi-factorial investigation methodology for age diagnosis (Article 2 (1) (25) of the Asylum Act 2005), also be able to carry out radiological investigations, in particular, X-ray examinations. Each examination method shall be carried out with the least possible intervention. The participation of the stranger in a radiological examination is not enforceable with compulsory means. If, after the diagnosis of the age, there are still reasonable doubts, it must be assumed in favor of the stranger from his minor.

(2) If a stranger fails to prove an alleged relationship of relationship to which he is based in a procedure under this Federal Law, by means of safe documents or other suitable and equivalent certifying agents, he/she shall to enable the Authority to carry out a DNA analysis at its request and at its expense. The stranger is to be lecturing about this possibility. Stranger's lack of desire to carry out a DNA analysis is not a refusal of the stranger to participate in the clarification of the facts. In the further proceedings, only the information about the relationship of the relationship may be processed; any further data shall be deleted.

(3) If the stranger does not succeed in proving his identity to which he is based in a procedure under this Federal Law, by means of safe documents or other suitable and equivalent certifying means, the Authority may: Order the removal of the papillary line impressions of the fingers. The refusal of the stranger to participate in the acceptance shall be taken into account by the authority in the context of the assessment of the evidence. "

2. In § 6, the Z 3 and 4 are omitted and in Z 5 of the parenthesis "(§ 58c)" by the parenthesis expression "(§ § 58c and 59 (1))" replaced.

3. § 9 reads:

" § 9. The stay of strangers as a carrier of privileges and immunities (§ 95 FPG) does not apply as an establishment within the meaning of this Federal Law. "

4. § 10 (5) reads:

" (5) The livelihood (par. 1 Z 7) is then adequately secured if fixed and regular own income from the acquisition, income, legal maintenance claims or insurance benefits at the time of decision has been proven on average for the last three years , which make it possible for him to live without recourse to the social assistance services of the local authorities and to the level according to the average of the principles laid down in Section 293 of the General Social Insurance Act (ASVG), BGBl. No. 189/1955, which corresponds to the last three years. Fixed and regular own income is diminuded by regular expenses, in particular by leasing, credit charges, pleadings and by maintenance payments to third parties not living in the common household. In this case, an amount of one amount remains unaccounted for up to the amount specified in Section 292 (3) of the ASVG and does not lead to any increase in the necessary income in the sense of the first sentence. In the case of proof of the maintenance funds through maintenance claims, only the subsistent subsistent minimum according to § 291a of the Executive Order (EO), RGBl, is to be calculated for the calculation of the performance of the pledge. No. 79/1896, to take account of an overrising one. "

5. § 10a (2) (1) (1) reads:

" 1.		Cases of § § 10 (4) and (6), 11a (2), (13), (58c) and (59); "

6. In accordance with Section 10a (4), the following paragraph 4a is inserted:

"(4a) The proof referred to in paragraph 1 (1) (2) shall be deemed to have been provided if the foreigner has a school diploma in the subject matter of" History and Social Studies "at least on the level of the curriculum of the primary school for the subject of" History and Social studies " in the 4. Class according to Appendix 1 to BGBl. II No 134/2000, as last amended by BGBl. II No 290/2008. '

7. In § 10a (5), after the word order "insofar as this does not comply with paragraph 3" the phrase "or 4a" inserted.

8. In § 11, the phrase "on the basic values" through the phrase "the commitment to the fundamental values" replaced.

9. § 11a (1) (2) (2) reads:

" 2.		the married life community of the spouses is not repealed and "

10. § 11a (2) reads:

" (2) (1) also applies to strangers without residence in the territory of the Federal Republic of Germany, if:

1.		his/her spouse is a citizen of a local authority and whose place of business is abroad,
2.		his/her spouse is a citizen of a national public service and whose place of business is abroad, in so far as the activity of that body abroad is in the interests of the Republic, or
3.		the spouse has acquired the nationality of the spouse pursuant to § 10 para. 4 Z 2 or by declaration pursuant to § 58c and the stranger had his main residence in the federal territory before 9 May 1945 and at that time together with his later spouse to go abroad. § 10 (3) shall not apply in this case. "

11. § 12 Z 3 reads:

" 3.		The citizenship according to § 17 by extension of the award cannot be acquired only because the relevant parent (elective parent) is already a citizen and the conditions according to § 16 para. 1 Z 2 are available. From the requirement of establishment according to § 16 para. 1 Z 2 lit. a is to be seen if the relevant parent (elective parent) has been shown to have the centre of the life interests and his/her permanent and lawful stay abroad for at least twelve months. "

12. In § 17 para. 4, after the quote "§ 10 (3)" the phrase "and § 16 para. 1 Z 2" inserted.

13. § 19 reads:

" § 19. (1) Applications for the award and extension of the conferral of citizenship shall be submitted personally to the Authority. In so far as the applicant is not able to act himself, his/her legal representative shall be required to submit the application.

(2) The foreigner shall participate in the proceedings and shall make available to the Authority all the necessary documents and evidence as well as a photograph. The Federal Minister of the Interior is empowered to lay down, by means of a regulation, which documents and evidence are to be submitted in any case. This Regulation may also contain the form and the nature of the application, including certain application forms to be used exclusively. "

14. In § 21, after the word order "could be detrimental" the phrase "and make me aware of the fundamental values of a European democratic state and its society" .

15. § 25 and the heading no longer apply.

16. § 39a reads:

" § 39a. (1) The authorities under this federal law may only use and store personal data insofar as this is necessary for the performance of the tasks assigned to them.

(2) The authorities and professional representative authorities responsible under this Federal Act are empowered to treat strangers who apply for Austrian citizenship in accordance with Section 5 (3) of the recognition service.

(3) § § 64 (1) to (5), 65 (4) and (5), first sentence, as well as Section 73 (7) of the Security Policy Act (SPG), BGBl. No 566/1991.

(4) The authority has a stranger which it has to undergo a recognition service under the announcement of the relevant reason to be formally called upon to do so. If the person concerned does not comply with the request, he or she shall be required in writing, with reference to the consequences of a lack of participation, to ask for another time to take the recognition service.

(5) The authorities of the Federal Government, the Länder and municipalities, the offices of the Labour Market Service, as well as the social security institutions, which have legal data, are authorized and obliged, upon request, to the State Citizenship Authority These data shall be transmitted if they are required for a procedure for the granting or loss of citizenship. A refusal of the information is not permitted. The data shall be deleted immediately if it is no longer required for the fulfilment of the specific purpose.

(6) The authorities under this Federal Act are obliged to provide personal data to the Federal Minister of Home Affairs on a case-by-case basis on a substantiated request, insofar as these are necessary for the performance of the tasks assigned to him.

(7) Recognition service data (Section 5 (3)) shall be deleted from its own account if:

1.		the death of the person concerned shall be known; or
2.		since the award of citizenship six years have passed. "

16a. In Section 42 (1), the quote shall be "§ § 25 (3), 38 and 58c" by quoting "§ § 38 and 58c" replaced.

16b. In § 46 (1) the quote shall be "§ 23 para. 1, § 25 para. 3, § 28 para. 5, § 30 para. 1, § 38 para. 3, § 44 and § 58c para. 2" by quoting "§ § 23 (1), 28 (5), 30 (1), 38 (3), 44 and 58c (2)" replaced.

17. § 59 reads:

" § 59. (1) A stranger who, by referring to this federal law, indicates in writing to the authority to have only been presumed to have been a citizen in accordance with § 7 or § 7a, because a determination of the paternity according to § 163 ABGB retrospectively has been made retrospectively. that a case of § 7 or § 7a did not exist, the citizenship acquires retroactive effect with the day of birth (§ 7) or the day of legitimation (§ 7a). This has been established by the Authority.

(2) A case of paragraph 1 does not exist if the creeping of the citizenship was intended. This is to be seen as a modest one.

(3) Up to the legal force of a decision pursuant to para. 1 or 2, the stay of the third party shall be deemed to be a legitimate establishment (§ 31 paragraph 1 Z 2 FPG). § § 43 (7), 45 (7) and 48 (4) NAG shall apply.

(4) An ad according to paragraph 1 may also be submitted to the local competent representative office abroad (§ 41 para. 2). The latter shall forward the notification to the competent authority.

(5) Ads as referred to in paragraph 1 above, documents to be submitted pursuant to paragraph 2 and documents to be submitted in the proceedings, in particular certificates, civil status documents and translations, shall be free of charge. "

18. In accordance with § 63b the following § 63c and heading is inserted:

" Administrative transgressions

§ 63c. (1) Any person who, in a procedure for the acquisition of citizenship or in a procedure for issuing confirmations or other documents before the competent authority, knowingly makes false statements in order to obtain citizenship or to Issuing an affirmation or other certificate in matters of citizenship shall be subject to an administrative surrender and shall be fined EUR 1 000 up to EUR 5 000, in the case of its non-binding nature, with Imprisonment for up to three weeks, punishable. Those who commit this act, even though they have already been punished in a legally binding manner because of such a crime, can be punished with a fine of EUR 5 000 up to EUR 15 000 or with imprisonment of up to six weeks. The trial is punishable.

(2) Anyone who does not comply with a request pursuant to § 45 or an order pursuant to section 63 (2) or who does not comply with the obligations under § 56, is subject to an administrative surrender and is fined 50 euros up to 250 euros, in the The case of their incriminality punishable by imprisonment of up to a week. This does not apply to institutions of the domestic authorities. "

19. § 64 with headline reads:

" Unlawful use of social services

§ 64. Anyone who is entitled to social benefits, in particular benefits of sickness, accident or pension insurance or benefits from the title of social assistance, in accordance with § 63c (1) of the European Union, in particular benefits of sickness, accident or pension insurance or benefits from the title of social assistance, in accordance with § 63c (1) of the The right to be punished by the court is punishable by imprisonment for up to one year or with a fine of up to 360 days ' rates. Those who have taken advantage of social services, the value of which exceeds EUR 3 000, shall be punished by the court with imprisonment of up to three years. "

(20) The following paragraphs 7 to 9 shall be added to Section 64a:

" (7) § § 5, 6 Z 5, 9, 10 (5), 10a (2) (1), (4a) and (5), § 11, 11a (1) (2) and (2), (2), (12), (3), (4), (4), (19), (21), (39a), 46 (1), (59), (63c) and the title, 64, 64a (8) and (9) and 66 (1) (1) (lit). c in the version of the Federal Law BGBl. I n ° 122/2009 will be 1. Jänner 2010 in force. § § 6 (3) and (4) and (25) together with the title shall expire on the expiry of 31 December 2009.

(8) § 64 of this Federal Act, as amended by the Federal Law BGBl. I n ° 4/2008 shall apply to criminal acts which are before the 1. Jänner 2010, continued.

(9) Procedure on the basis of a BGBl law before the entry into force of the Federal Law. In accordance with Article 20 (1), the provisions of this Federal Act are to be completed in the version valid on 31 December 2009. "

21. § 66 Z 1 lit. c is:

" (c)			§ § 39a (2), 41 (2), 53 (4) and Section 58c (3) of the Federal Minister for European and International Affairs, in agreement with the Federal Minister for the Interior; "

Article 7

Amendment to the 1972 Tilgungsgesetz

The Tilgungsgesetz 1972, BGBl. N ° 68, as last amended by the Federal Act BGBl. I No 75/2009 , shall be amended as follows:

1. § 6 (1) Z 7 reads:

" 7.		the passport authorities, the civic authorities, the police authorities, the Bundesasylamt, the asylum court and the authorities responsible for issuing, caring for and drawing up residence permits for the purpose of carrying out procedures in accordance with the Passgesetz 1992, the Law of the Citizenship in 1985, the Law on Foreign Affairs in 2005, the Asylum Act 2005 and the Law on the Residence and Residence Act. "

2. The following paragraph 1i is inserted in § 9:

" (1i) § 6 para. 1 Z 7 in the version of the Federal Law BGBl. I n ° 122/2009 shall enter into force 1. Jänner 2010 in force. "

Fischer

Faymann