Immigration Amendment Act 2009 - R 2009

Original Language Title: Fremdenrechtsänderungsgesetz 2009 – FrÄG 2009

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122. Federal law, with the asylum Act 2005, the 2005 Aliens Police Act, the fees Act 1957, the basic supply Act - Federal 2005, the settlement and residence Act, the Citizenship Act of 1985 and the repayment law 1972 be modified (aliens law amendment Act 2009 - r 2009)

The National Council has decided:

Table of contents



Article 1 amendment of the asylum Act 2005 article 2 amendment of the Aliens Police Act 2005 article 3 amendment of the fees Act 1957 article 4 amendment of the Basic Law of supply - Federal 2005 article 5 modification of the settlement and residence Act article 6 amendment of the Citizenship Act 1985 article 7 modification of the repayment law 1972 article 1

Amendment of the asylum Act 2005

The asylum Act 2005 (AsylG 2005), Federal Law Gazette I no. 100, last amended by Federal Law Gazette I no. 29/2009 is amended as follows:

1. in article 2, paragraph 1, in Z 24 replaced the point at the end of the sentence with a semicolon and following Z 25 added:



"25 multifactorial study methodology: a model based on three individual medical investigations (in particular physical, dental and X-ray) age diagnosis according to the State of the science."

2. § 2 the following paragraph 3 is added:

"(3) a stranger in the meaning of this federal act violating the law has, if he"



1 due to an intentional legal offence that falls, or is 2 more than once for an other intentional legal offence, which has been condemned legally officio to prosecute within the jurisdiction of the provincial court."

3. in article 7, the previous paragraph 2 and 3 receive the sales terms (3) and (4) and the following paragraph 2 shall be inserted:

"(2) a procedure for the withdrawal of the status of the person entitled to asylum is to initiate, at least if the stranger is offence (§ 2 para. 3) and the existence of the conditions referred to in paragraph 1 is likely."

4. the word order is in article 7, paragraph 3 (new) after the phrase "The Federal Asylum Office can be a stranger" ", of not delinquent is become (§ 2 para 3)," added.

5. According to article 8, paragraph 3, the following paragraph 3a is inserted:

"(3a) is an application for international protection with regard to the granting of the status of subsidiary protection authorized not yet due to lack of a condition referred to in paragraph 1 or of paragraph 3 or 6 reasons to reject, so a rejection has to be made when a cause is withdrawing in accordance with section 9, paragraph 2. In this case is to connect to a rejection, expulsion or deportation of foreigners in his country of origin inadmissible is, since this is a real risk of a violation of article 2 of the ECHR, article 3 of the Convention or the protocols No. 6 or no. 13 to the Convention would mean, or a serious threat of death or as a result of random violence in the context of international or national conflict entail would bring for him as a civil person determining the dismissal. This applies correspondingly for the finding that the status of subsidiary protection entitled not to grant is."

6. in article 8, paragraph 4, the phrase "for another year" is inserted after the phrase "on request of the foreigner by the Federal Asylum Office".

7. in paragraph 9, is the former paragraph 2 (4) paragraph labeled and be inserted following paragraph 2 and 3:

"(2) the status of subsidiary protection justified not for the reasons of para 1 is to deny a withdrawal has to be done, even if"



1. one who mentioned reasons is in article 1, section F of the Geneva Convention;

2. the stranger a danger to the public or for the security of the Republic of Austria represents or 3. the stranger by a domestic court of a felony (article 17 Penal Code) is finally been convicted. Convicted by a domestic court is a conviction by a foreign court just keep the meets the conditions of § 73 Strafgesetzbuch, BGBl. No. 60/1974,.

In these cases, the withdrawing of subsidiary protection justified and determining to connect, that a rejection, expulsion or deportation of foreigners in his country of origin inadmissible is, since this is a real risk of a violation of article 2 of the ECHR, article 3 of the Convention or the protocols No. 6 or no. 13 to the Convention would mean for him as a civilian is a serious threat to the life or integrity as a result of random violence in the context of international or national conflict entail would bring.

(3) a procedure for the withdrawal of the status of the subsidiary protection beneficiary is at least to initiate if the stranger is offence (§ 2 para. 3) and the existence of the conditions in accordance with paragraph 1 or 2 is likely."

8. in article 10, paragraph 1, the point is eliminated at the end of the No. 4 and the following final paragraph is attached:

"and no case which exists in §§ 8 par. 3a or 9 para 2."

9. in article 10, paragraph 5, the phrase "situation or permanent right of establishment" is replaced by the phrase "Situation right of residence or a permanent right of establishment".

10 the following paragraph 6 is added to article the 10:

"(6) expulsions referred to in paragraph 1 remain upright within 18 months of a departure of the foreigner."

11 paragraph 12:

"A foreigner who submitted an application for international protection in Austria, may 12 (1), except in the cases of § 12a, be rejected, pushed back to the issuing of an enforceable decision, to the abstraction of the process or by a setting up to the point where a continuation of the proceedings in accordance with § 24 para 2 is no longer allowed, or deported (de facto deportation); § 32 shall remain unaffected. His stay in the Federal territory is tolerated. An existing under other federal laws right of residence remain unaffected. § 36 paragraph 4 applies.

(2) the stay of a foreigner who has submitted a request for international protection and no right of residence comes to for the duration of the authorisation procedure before the Federal Asylum Office only in the area of the district administrative authority, in which his whereabouts is no. 4 within the meaning of § 15 para 1, is tolerated. In addition, his stay in the entire Federal territory is tolerated, if and as long as this



1. to comply with legal obligations, it is necessary;

2. necessary is loads from courts and administrative authorities to comply, or 3 for the use of medical care and treatment is necessary.

After completion of the registration procedure before the Federal Asylum Office the stay of foreigners is tolerated in the entire Federal territory, as long as de facto deportation comes to him."

12. According to § 12, 12a the following paragraph and heading shall be inserted:

"De facto deportation for any subsequent application



section 12a. (1) the stranger has a subsequent application (§ 2 ABS. 1 Z 23) after rejecting decision pursuant to section 5 or after each other, rejecting decision according to § 5 following, rejecting decision pursuant to § 68 para 1 AVG made, a de facto deportation does not come to him, if



1 against him upright expulsion, 2. no case of § 39 para 2 and persists 3. jurisdiction of another State, or still or once again recognises the competence this.

(2) the stranger has a subsequent application (§ 2 ABS. 1 Z 23) provided and there is no case of paragraph 1, the Federal Asylum Office can remove the de facto deportation of the foreigner, if



1 against him is an upright expulsion, 2 which is expected to reject request is because no decisive change of the relevant facts of the case occurred, and 3. that would mean no real risk of a violation of article 2, 3 and 8 of the Convention or the protocols No. 6 or no. 13 to the Convention rejection, expulsion or deportation and for him as a civil person no serious threat to the life or integrity as a result of random violence in the context of international or national conflict entail.

(3) the stranger has a subsequent application (§ 2 ABS. 1 Z 23) made pursuant to paragraph 2 within eighteen days before an already-established Abschiebetermin, a de facto deportation not comes to him, if at the time of application



1 against him is an upright expulsion, 2. the stranger about the Abschiebetermin previously has been shown has been informed (article 67 par. 4 FPG) and 3rd in addition a) is the stranger in detention is;

b) against the stranger a gelinderes means (§ 77 FPG) is applied, or c) of strangers after an arrest in accordance with article 74, paragraph 2 Z 1 or 3 FPG iVm § 39 para 2 Z 1 FPG is suspended.

One of the prerequisites of the Z 1-3 is not available, is to proceed in accordance with paragraph 2. For the calculation of the field period, § 33 paragraph 2 does not apply AVG.


(4) in the cases of paragraph 3, the Federal Asylum Office to recognize the de facto deported in exceptional cases to the strangers if the subsequent application was not made the deportation to unjustified prevent or delay has. This is the case, if



1. the strangers on the occasion of the questioning or interrogation (article 19) proves that he could make the subsequent application at any earlier time or 2. relevant for decisions has changed the objective situation since the last decision in the State of origin.

On the existence of conditions Nos. 1 and 2 is by mandate decision (§ 57 AVG) to decide. Was made the subsequent application within two days before the already-established Abschiebetermin, the test of de facto Abschiebeschutzes on the existence of condition of the No. 2 has to limit. For the calculation of the two-day period, § 33 paragraph 2 does not apply AVG. The recognition of the de facto Abschiebeschutzes does not preclude a further prosecution in accordance with paragraph 2.

(5) by way of derogation from § 17 para 4 and 29 begins the authorisation procedure in the cases of paragraph 1 and 3 already with the submission of the application for international protection. para 1"

13. According to article 14, paragraph 1, the following paragraph 1a is inserted:

"(1a) is a stranger, whose de facto deported was repealed (Article 12a para. 2) or a de facto deportation did not come to the (Article 12a, paragraph 1 or 3), at the border crossing points by presenting a decision of the asylum Court in accordance with section 41a of the lifting of the de facto Abschiebeschutzes was fixed, or pursuant to article 41 paragraph 3, to allow re-entry if he can prove its process identity. Paragraph 3 shall apply mutatis mutandis."

14. the heading of the 2nd section of the 3 main piece is as follows:

"Participation and reporting requirements"

15 § 15 para 1 No. 4 is:



"4. the Federal Asylum Office or the asylum Court even after he has anyway, leaving Austria, for whatever reason, his whereabouts and his address as well as changes to inform. This is done if an in Austria asylum seekers in its notification 1991 - No. 9/1992 MeldeG, BGBl. under the Registration Act. The asylum seekers of a reporting obligation pursuant to section 15a, is subject to the notification within the meaning of the first sentence shall be effected at the latest at the same time with the change of the place of residence. The reporting obligation to the MeldeG remains unaffected thereof. The asylum seekers has only a primary residence confirmation in accordance with § 19a MeldeG, so he has article 19a, paragraph 1 starting with the first working day after the confirmation of main residence exhibition fortnightly at the contact point referred to in 2 MeldeG nearest police station to report Z; This shall not apply in the case of asylum-seekers in the admission procedure. A breach of this reporting obligation shall not exist if for the strangers meet was demonstrably impossible or unreasonable;"

16. in article 15, paragraph 1, the point is replaced at the end of the Z 5 a semicolon and added following no. 6:



"6. a claimed and dubious due to the previously present results of investigation minority, to which he refers in a process under this Federal Act, to demonstrate safe certificates or other appropriate and equivalent Bescheinigungsmittel. Failing the stranger the Federal Asylum Office or the asylum court within the framework of a multifactorial methodology for the diagnosis of age may order also carrying out of radiological examinations, in particular X-ray examinations. Each method has to be made of possible interference with the lowest. The participation of a stranger at a radiological examination is not with coercive measures to enforce (par. 1 No. 2 last sentence). Still reasonable doubt after the age of diagnosis, is to assume his minority for the benefit of strangers."

17 According to § 15 the following article 15a and heading shall be inserted:

"Reporting duties in the authorisation procedure



section 15a. (1) foreigners in the authorisation procedure are subject to a periodic reporting duties, if



1. a communication according to § 29 para. 3 Z 4 to 6 or 2. a de facto deportation not comes to the stranger to section 12a paragraph 1 and about the stranger neither deportation was imposed, a gelinderes means applied against him.

(2) for the performance of the notification obligation referred to in paragraph 1, strangers, not supplied in a care facility of the Federal Government, in periodic, have 48 hours to report not unterschreitenden intervals during a police inspection to be determined. The necessary information, such as in particular the competent police station as well as period and time of the message, are the stranger by the Federal Asylum Office with procedural order (§ 63 para 2 AVG) to communicate. For strangers, supplied in a care facility of the Federal Government, the absence of at least 48 hours from the care facility is regarded as violation of the notification obligation. The absence of the Center is to be documented comprehensible manner appropriate. A violation of the notification obligation does not exist, if for the strangers meet was demonstrably impossible or unreasonable."

18. in the § 16 para 3 to 5, 19 para 5, 23 para 2 and 6, 29 para 4 and 5, 65 paragraph 1 to 5, 66 par. 2 Z 1 and 67 paragraph 2 is after the word "Counsel" the bracket expression "(§ 64)" inserted.

19 in §§ 16 par. 5 and 65 para 4 of the parenthetical expression (§ 64) is inserted after the word "Counsel".

20. in article 18, receives the sales designation (3) the former paragraph 2 and the following paragraph 2 is added:

"(2) manages a stranger not a claimed relationship to which he refers in proceedings under this Federal Act, to prove safe certificates or other appropriate and equivalent Bescheinigungsmittel, has him carrying out of a DNA analysis to the Federal Asylum Office or the asylum Court at his request and at his expense. The stranger is to teach about this possibility. The lack of desire of strangers on carrying out of a DNA analysis is not the stranger's refusal to contribute to the clarification of the facts of the case. Only the information about the family relationship may be processed in the proceeding; possibly also detailed data is to delete. The Federal Asylum Office or the asylum Court has to reimburse the costs of DNA analysis at the request of the alien, if the alleged relationship was determined by the DNA analysis-based advice and staying of foreigners in Germany."

The following records are added 21 § 19 para 1:

"This restriction does not apply if it is a subsequent application (§ 2 ABS. 1 Z 23) is." The survey can be avoided, if the subsequent application within two days before the already-established Abschiebetermin, in the cases of section 12a paragraph 1, as well as in the cases of Article 12a paragraph 3."

22 paragraph 19 paragraph 2:

"(2) an asylum seekers is by the Federal Asylum Office, insofar as he is not on the basis of circumstances in his person unable, through statements to determine the relevant facts to contribute, at least once in the authorisation procedure and - insofar as not already in the approval procedure the application - decision at least once after approval of the procedure to hear. A hearing can be avoided if a de facto deportation doesn't come to the asylum seekers, (section 12a paragraph 1 or 3). Furthermore can be avoided a questioning in the approval process, if the process is allowed to. As far as this is possible without disproportionate effort, the asylum seekers is personally by the body appointed to the respective decision of the Federal Asylum Office to hear. § 24 para 3 shall remain unaffected."

23 § 22 para 3 first sentence reads:

"Against dismissive and pointing back decisions of the Federal Asylum Office the possibility of appeal to the Court of the asylum is open to the legal conditions under which to introduce is of the notification within the period provided for by law each at the Federal Asylum Office; This is in the appeal (§ 61 AVG) to specify; paragraph 5 last sentence AVG not apply sections 61a and 63."

24. the section 22 be added following paragraph 10 to 12:

"(10) of the Federal Asylum Office on the lifting of the Abschiebeschutzes pursuant to section 12a paragraph 2 judgments orally in the form of decision. The documentation referred to in § 62 para 2 AVG is also considered written copy in accordance with § 62 para. 3 AVG. The administrative acts are to provide the asylum Court immediately by virtue to the review referred to in article 41a. This is considered appeal at the Court of the asylum; This is to indicate in the appeal. On the legality of the removal of the Abschiebeschutzes has the asylum Court in the context of the review in accordance with section 41a decision to decide.

(11) the Federal Asylum Office, and in the cases of the No. 7 the asylum Court, if the process before this is pending, have to inform the competent aliens police authority:



1. from the position of a subsequent request (§ 2 ABS. 1 Z 23);

2. If the alien pursuant to section 12a paragraph 1 or paragraph 3 not comes to a de facto deportation;

3.

by the granting of the de facto Abschiebeschutzes (Article 12a para 4).

4. the lifting of the de facto Abschiebeschutzes (section 12a paragraph 2) and the expiry of the period referred to in section 41, paragraph 2 second sentence;

5. by the decision of the asylum Court in accordance with section 41a para 2 concerning the legality of the removal of the Abschiebeschutzes;

6 from the injury of a reporting obligation pursuant to § 15a and 7 from the injury of a reporting obligation pursuant to § 15 para 1 Z 4 penultimate sentence, when against the asylum seekers a deportation proceedings under this Federal Act was initiated.

(12) an is complaint against a decision of pointing back and a designation related to introduce within a week."

25 the following sentence is added to the section 23 paragraph 1:

"A contact point referred to in article 19a, paragraph 2 MeldeG is no place of delivery within the meaning of the ZustG in proceedings under this Federal Act."

26. pursuant to § 23 paragraph 6 shall be added following paragraph 7 to 9:

"(7) for deliveries of the asylum Court section 28 paragraph 2 does not apply ZustG.

(8) notifications to asylum-seekers, who only have a primary residence confirmation in accordance with § 19a MeldeG and Z 4 penultimate sentence are therefore a reporting obligation in accordance with article 15, paragraph 1, can be carried out especially through the organs of public security on the occasion of this reporting obligation. Also, the notification of the decision referred to in Article 12a para 4 can be organs of public security.

(9) a stranger, whose de facto deported shall be repealed (section 12a paragraph 2) or the a de facto deportation do not (section 12a paragraph 1 or 3) and an upright decision of expulsion is enforced against, is proven to instruct, that he can use for delivery a delivery agent and that he has to announce his location and address of the authority in the foreign country, and as soon as possible to report changes (§ 15 para 1 No. 4). In addition, the mailing address of the Federal Asylum Office and of the asylum Court is him to communicate. A written leaflet in a language he understands is him as far as possible, be issued. Deliveries have the Federal Asylum Office in these cases, as far as possible, on the last or the asylum Court known delivery address to be carried out; is the delivery address abroad, the delivery by making the decision at that address is regarded as causes. Article 24 shall apply.'

27 § 25 para 1 subpara 1 is:



"1. in the cases of Article 12a paragraph 3, when was made the subsequent application within two days before the already-established Abschiebetermin, the de facto deported pursuant to section 12a paragraph 4 was awarded and the asylum seekers is no longer up to size in the Federal territory;"

28 paragraph 27 subsection 3:

"(3) a particular public interest in a fast-track procedure consists in particular in a stranger,



1 has become delinquent (§ 2 para 3);

2. against which because of a judicially punishable act, committed intentionally only can, an accusation by the public prosecutor's Office has been.

"3rd against the pre-trial detention was imposed (§§ 173 ff StPO, BGBl. No. 631/1975) or 4th during the Commission of a crime (section 17 StGB) is been entered red-handed."

29. in article 27, paragraph 4, the phrase "and not to accept on the basis of certain facts is, he will again evade the procedure" is replaced by the phrase "and to assume on the basis of certain facts is, he will not again evade the proceedings".

30 paragraph 27 para 5:

"(5) an expulsion procedure instituted pursuant to par. 2 is set, if so far present investigations the adoption justify that to grant the application for international protection with regard to the granting of the status of the person with right of asylum or of the subsidiary protection beneficiary will be or the special public interest in the accelerated implementation of the process no longer exists."

31. in article 28 paragraph 2 is after the phrase "this also does not apply if" the phrase "Z 4 or 6 is made a notification pursuant to article 29, para. 3, a de facto deportation not comes to the asylum seekers (Article 12a, paragraph 1 or 3)," added.

32. in article 29, para. 3, 4 are the word in Z "or" with a semicolon and Z 5 the point "or" replaced by the word and added following Z 6 and the following final paragraph:



"6. the asylum seekers with procedural order (§ 63 para 2 AVG) to inform, that is intended to lift its de facto deportation (section 12a paragraph 2)."

A notification pursuant to no. 3 to 6 shall not be if the asylum seekers is no longer up to size in Germany."

33. in article 29, paragraph 4, the quote "para 3 Z 3 to 5" is replaced by the quote "para 3 Z 3 to 6".

34. the following paragraph 4 is added to article 31:

"(4) in the case of paragraph 1, the provisions concerning the de facto deported for repeated applications are (§ 2 ABS. 1 Z 23) not to apply even if the stranger was allowed entry." This also applies when the stranger makes a subsequent application of a reverse or repellent decision in the airport procedures. Since then no exit, was carried out in these cases the backup of refoulement (§ 32 para 4) can be maintained over six weeks, another four weeks. Paragraph 3 does not apply to subsequent ones."

35. paragraph 34 para 2 and 3:

"(2) the authority shall on the basis of an application for a family member of a stranger, the status of the person with right of asylum is granted to the grant of asylum-eligible status to the family member with notice, if"



1. This is offence (§ 2 para 3);



2. continuation of existing family life within the meaning of article 8 of the ECHR with the stranger, which was awarded the status of asylum-eligible is not possible in another State and 3.

against the stranger, which was awarded the status of asylum-eligible, no procedure for the withdrawal of this status is pending (§ 7).



"(3) the authority shall on the basis of an application for a family member of a stranger, which has, been awarded the status of subsidiary protection authorized to grant the status of subsidiary protection authorized the family member with notice, if"



1. This is offence (§ 2 para 3);





2.



the continuation of an existing family life within the meaning of article 8 of the ECHR with the stranger, which was awarded the status of the subsidiary protection beneficiary is not possible in another State;



3.



against the strangers, which was awarded the status of the subsidiary protection beneficiary, no procedure for the withdrawal of this status is pending (§ 9) and



4.



the family members do not which to grant an asylum-eligible status is."



36. in article 34, paragraph 4, the phrase is ", and all family members get the same scope of protection" by the phrase "; under the conditions of paragraph 2 and 3, all family members will receive the same scope of protection"replaced and added the following sentence:

"Article 12a para 4 is a stranger of the de facto deportation in accordance with to realize this is to recognize the members of his family."

37 the following paragraph 6 is added to § the 34:

"(6) the provisions of this section shall not apply:"



1 are on family members, citizens of the EEA or Swiss citizen;

"2. on family members of a stranger, which was awarded the status of the person with right of asylum or the status of the subsidiary protection beneficiary in proceedings under this section, unless the family member is an unmarried minor child."

38. the heading of section 35 reads:

"Applications for entry to professional representation authorities"

39. paragraph 35 paragraph 1:

"(1) the family members of a stranger, the person with right of asylum or of the subsidiary protection beneficiary's status was conferred and located in a foreign country, may for the purpose of setting an application for international protection in accordance with article 34, paragraph 1 conjunction with § 2 par. 1 Z 13 make a request for an entry permit to the Austrian professional representation authority entrusted with consular tasks abroad (consular representation authority)."

40. in article 35, paragraph 3, the phrase is "application and" and it will be replaced by the phrase "to enter" the phrase "Federal Minister for Foreign Affairs" by the phrase "Federal Minister for European and international affairs" and the phrase "in the family".

41. paragraph 35 section 4:

"(4) the professional representation authority shall grant the alien pursuant to paragraph 1 or 2 without a visa to enter another (section 24 para 4 FPG), if the Federal Asylum Office has informed that the claimant of a request for international protection by granting of the status of the person with right of asylum or of the subsidiary protection beneficiary is likely." Such notice shall only grant the Federal Asylum Office, if



1.


against the stranger, which was awarded the status of the person with right of asylum or the subsidiary protection entitled no procedure for the withdrawal of this status is pending (paragraphs 7 and 9) and



2. to be seised Federal Ministry of the Interior has informed that enter the public interests under article 8 para 2 of the ECHR does not contradict.

Until the receipt of this communication, FPG is inhibited the period referred to in article 11, paragraph 5. The professional representative authority has to inform the foreigners about the further procedure in Austria in accordance with article 17, paragraph 1 and 2."

42. in article 39, paragraph 1 Z 1 to 26 are:



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;

16th 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 article 39, paragraph 4, the semicolon is replaced by a point in Z 7 and accounts for the Nos. 8 and 9.

44. According to article 41, the following paragraph 41a and heading shall be inserted:

"The lifting of the de facto Abschiebeschutzes review



section 41a. (1) a decision of the Federal Asylum Office, with which the de facto deportation of a foreigner has been abolished (section 12a paragraph 2), is by the asylum Court immediately to undergo a review. The procedure is without deciding holding an oral hearing. section 40 shall apply mutatis mutandis. AVG is section 66 paragraph 2 does not apply.

(2) the repeal of the Abschiebeschutzes pursuant to section 12a paragraph 2 and an upright expulsion are enforceable with the issuing of the decision pursuant to section 12a paragraph 2. With the implementation of the deportation be put to the expulsion is until the end of the third working day from receipt pursuant to section 22 paragraph 10 to submit administrative acts to the competent court Department of the asylum Court to wait. The asylum Court has to notify the Federal Asylum Office immediately by the receipt of administrative acts in the context of the review referred to in paragraph 1, at the competent court Department and from the decision on the legality of the removal of the Abschiebeschutzes.

(3) on the legality of the removal of the Abschiebeschutzes in the context of the review referred to in paragraph 1 the asylum court within eight weeks has to decide."

45. paragraph 45 para 2:

"(2) the demonstration has to be avoided, if"



"1 himself to a subsequent application (§ 2 para 1 Z 23) and against the asylum seekers is an upright expulsion or 2. on the basis of the results of the survey, the search and the criminal treatment to accept is that the request of strangers because of lack of jurisdiction in Austria (§§ 4 f) to reject will be and is demonstrated by the stranger of the aliens police authority."

46. in article 57, paragraph 1, of the parenthetical expression (§ 64) is inserted after the word "Counsel" Z 3.

47. in section 57, subsection 2, no. 6 is replaced by the phrase "Federal Ministry for European and international affairs" the phrase "Federal Ministry for Foreign Affairs".

48. in article 57, paragraph 10 "off - or been rejected" is inserted after the phrase the word sequence "or a de facto deportation not comes to the asylum seekers' and the following sentence is added:

"The fact that an application for international protection has been made, may not emerge in such a transfer."

49. in article 57, paragraph 11, Z 2 is replaced by the quote "Z 2-4" the quote "Z 2 or 3".

50. in the heading of the 8 main piece is replaced "Law and refugee consultant" by the word "Legal".

51. in article 60, paragraph 3, the phrase "The asylum Court and the courts of public law" by the phrase ' The asylum Court, the courts of public law, the Federal Minister of the Interior and the Federal Minister for Justice ' will be replaced.

52. in article 60, paragraph 4, the phrase "Federal Ministry for Foreign Affairs" is replaced by the phrase "Federal Ministry for European and international affairs".

53. in section 60, subsection 6 Z 4 is the bracket expression "(§§ 64 f)" replaced by the parenthetical expression (section 64).

54. in article 61, paragraph 1, the quote 'Paragraph 3' by the quote will be replaced "paragraph 3 or 3a".

55. According to article 61, paragraph 3, the following paragraph 3a is inserted:

"(3a) the asylum Court rules also by judge sitting alone on the legality of the removal of the Abschiebeschutzes in the context of the review in accordance with section 41a."

56. in article 62, paragraph 3 "to make" is inserted after the sequence of the words the phrase "and taking into account the special public interest in an accelerated implementation of the procedure within the meaning of article 27, paragraph 3".

57. in article 64, paragraph 1, of the parenthetical expression (legal advisor) is replaced by the parenthetical expression (legal advisor approval in preparation).

58. paragraph 64 para 2 and 3:

"(2) legal advisor in the approval process are independent and have their tasks to carry out instruction-free.

The Federal (3) the costs for legal advice in the authorisation procedure."

59. in article 64, paragraph 4, the quote is "§ 29 para. 3 Z 3-5" by the quote "§ 29 para. 3 Z 3 to 6" replaced.

60. the heading of section 65 is as follows:

"Requirements for legal counsel in the authorisation procedure"

61. in article 66 par. 1 to 4 as well as in the heading of section 66 the word 'Refugee Adviser' is replaced by the word "Counsel".

62. the following paragraph 7 is added to § the 73:

"(7) the § 2 para 1 Nos. 24 and 25, and paragraph 3, 7 of para 2 to 4, 8 par. 3a and 4, 9 para 2 to 4, 10 para 1, 5 and 6, 12, 12a and heading, 14 par. 1a, the heading of the 2nd section of the 3 main piece, § 15 para 1 Z 4 to 6, 15a, including heading, 16 para 3 to 5" , 18 para 2 and 3, 19 para 1, 2 and 5, 22 para 3 and 10 to 12, 23 paragraph 1, 2, 6, 8 and 9, 25 para 1 Z 1, 27 para. 3 to 5, 28 paragraph 2, 29 para 3 Z 4 to 6 and par. 4 and 5, 31 para. 4, 34 para 2 to 4 and 6 , the heading of section 35, sections 35 par. 1, 3 and 4, 39 para 1 Nos. 1 to 26 and paragraph 4 Z 7, 41a, including heading, 45 para of 2, 57 para 1 No. 3, para 2 Z 6, paragraph 10 and 11 Z 2, the heading of the 8 main piece, § 60 para 3, 4 and 6 Z 4, 61 paragraph 1 and 3a , 62 para 3, 64 paras 1 to 4, §§ 65 heading, 66 along with heading, 67 paragraph 2, 75 paragraph 1, 5, 6 and 8 to 14, as well as the table of contents in the version of Federal Law Gazette I no. 122/2009 apply with January 1, 2010. § 23 paragraph 7 enter into force retroactively on 1 July 2008. § 39 para 4 occurs at the end of December 31, 2009 except force. Nos. 8 and 9"

63. in article 75, paragraph 1, the phrase will be after the quotation "section 27" "in the version of Federal Law Gazette I no. 122/2009" inserted.

64. paragraph 75 paragraph 5, 6 and 8:

"(5) a stranger, on or after December 31, 2005 the refugee status has come under the provisions of the asylum Act 1997 or earlier asylum regulations or recognised as having the status of asylum beneficiaries as to apply if there has been any loss or no loss of refugee status.

(6) a stranger on or after 31 December 2005 a temporary residence permit in 1997 came under the provisions of the 1991 asylum Act or of the asylum Act or recognised as having the status of the subsidiary protection beneficiary is regarded as awarded.

(8) § 10 as amended by Federal Law Gazette I no. 122/2009 is all on or after January 1, 2010 proceedings according to the asylum Act 1997 subject to the proviso to apply, that a deportation decision according to the asylum Act 1997, was issued before January 1, 2010, as a deportation decision according to § 10, the rejection of an asylum application under the asylum Act 1997 as a rejection to § 10 para 1 subpara 1 and the rejection of an asylum application under the asylum Act 1997 ", which has been established, the rejection, expulsion or deportation of the foreigner in the country of origin is allowed rejection considered no. 2 according to article 10, paragraph 1."

65. the section 75 will be added following paragraph 9 to 14:

"(9) paragraphs 12 para 2, 12a, 22, section of 12, 25 par. 1 Z 1, 31 para 4, 34 para. 6 and 35 as amended by Federal Law Gazette I are no. 122/2009 procedure, which had been pending prior to January 1, 2010, does not apply." The article 12, paragraph 2, 25 Z 1 and 35 para 1 are in force on December 31, 2009 on all that day pending, provided for in paragraph 1 according to the asylum Act 2005 to leading procedures continue to apply.


(10) section 2 paragraph 1 Z 25 and subsection of 3, 15 para 1 Nos. 4 and 6, 18 para 2 and 3, 22 para 3, 11 Nos. 7, 23 paragraph 1, 7 and 8, 27 para. 4 and 5, 57 paragraph 10 and paragraph 11 I no. 122/2009 are no. of 2 and 62 paragraph 3 as amended by Federal Law Gazette all on or after January 1, 2010 according to the asylum Act 1997 proceedings to apply. The §§ 8 I no. 122/2009 para 3a and are 9 para 2 as amended by Federal Law Gazette on these procedures shall apply, that no residence permit according to § 8 para 3 is to grant asylum law in 1997 and to determine, that a rejection, expulsion or deportation of foreigners in his country of origin is not permitted, since this a real risk of violation of article 2 of the ECHR , Article 3 of the Convention or the protocols No. 6 or no. 13 to the Convention would mean or a serious threat of death or as a result of random violence in the context of international or national conflict entail would bring for him as a civilian. An expulsion has to be avoided in these cases.

(11) on the procedures under this Federal Act § 27 para 3 as amended by Federal Law Gazette is no. I apply 29/2009, if the facts of the case, which would lead to the introduction of the expulsion procedure, carried out before January 1, 2010. § 27 para. 3 is all on or after January 1, 2010 after the AsylG 1997 proceedings subject to the proviso of article 75, paragraph 1 fourth set to apply.

(12) strange, at the time of entry into force of § 15 para 1 No. 4 as amended by Federal Law Gazette I no. 122/2009 on confirmation of primary residence pursuant to § 19a MeldeG have and are located not in the authorisation process, have become for the first time by no later than March 1, 2010 at the contact point referred to in article 19a, paragraph 1 2 MeldeG nearest police inspection log Z.

(13) changes to the legal situation under the subject Federal Act are no reason for referral back pursuant to § 66 AVG.

(14) section is 10 AsylG 1997 on asylum seekers,



1 that become delinquent (§ 2 para 3), 2. the asylum procedure are to conduct provided for in paragraph 1 according to the asylum Act 1997 after and 3 whose asylum application was effective May 1, 2004 are not applicable with the proviso that the procedures of family members yet to lead and decide are under a."

66. the table of contents is amended as follows:

(a) according to § 12, § 12a is inserted:



"Article 12a.





De facto deportation for any subsequent application"




(b) the heading of the 2nd section of the 3 main piece is as follows:



"Participation and reporting requirements"




(c) according to § 15, § 15a is inserted:



'article 15a.





Reporting duties in the authorisation procedure"




(d) the heading of section 35 reads:



"section 35.





Applications for entry to professional representation authorities"




(e) in accordance with article 41, paragraph 41a is inserted:



'article 41a.





Check the lifting of the de facto Abschiebeschutzes"




(f) the designation of the 8 main piece is as follows:



"8 main piece: Austrian and international authorities, legal advice"




(g) the heading of section 65 is as follows:



"section 65.





Requirements for legal counsel in the authorisation procedure"




h) the heading of section 66 is as follows:



"§ 66.





Legal Advisor"




Article 2

Amendment of the Aliens Police Act 2005

The Aliens Police Act 2005 (FPG), Federal Law Gazette I no. 100, last amended by Federal Law Gazette I no. 29/2009 is amended as follows:

1. in the sections 2 (1) and 7 Z 3 are each replaced the word "twelve" by the word "eighteen" and the phrase "or a designation" by the phrase "or after departure due to a deportation".

1a. in article 2 par. 4 Z 11 is the phrase "Right to freedom of movement" by the phrase "situation or the attention to them on the basis of the freedom of movement agreement EC-Switzerland right of residence of more than three months" and the word "entitled to freedom of movement" by the phrase "community resident" replaced.

2. § 2 para 4 No. 15 is:



"15 proposing residence: the right granted on the basis of the directive on free movement of an EEA citizen and his family to reside in the country for more than three months or permanent;"

3. in article 2, paragraph 4, in Z 17 replaced the point at the end of the paragraph by a semi-colon and following Z 18-21 added:



"18 free movement directive: the Directive 2004/38/EC on the right of Union citizens and their family members, to move freely in the territory of the Member States and to stop amending Regulation (EEC) No 1612/68 and repealing 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 No. L 158 of 30.04.2004 p. 77 as amended by the amending OJ No. L 229 of the 29.06.2004 S. 35;

19 EC-Switzerland agreement: the agreement between the European Community and its Member States, of the one part and the Swiss Confederation on the other, on the free movement of, OJ No. L 114 of the 30.04.2002 p. 6 and Federal Law Gazette III No. 133/2002;

20 visa obligation regulation: Regulation (EC) No. are 539/2001 for establishing the list of third countries whose nationals must be, at the crossing of the external borders in possession of a visa, as well as the list of third countries whose nationals exempt from the visa requirement, OJ No. L 81 of the 21.03.2001 S. 1 as amended by regulations (EC) No. 2414/2001, OJ No. L 327 of the 12.12.2001 No. 453/2003, p. 1, OJ No. L 69 of the 13.03.2003 p. 10, Nr. 851/2005, OJ No. L 141 of the 04.06.2005 S. 3, no 1791/2006 OJ No. L 363 of 20.12.2006 no. 1932/2006, p. 1, OJ No. L 405 of 30.12.2006 p. 23 as amended by the amending OJ No. L 29 of the 03.02.2007 S. 10, and amended by the 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 Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the treaties constituting the European Union, OJ No. L 236 of the 23.09.2003 S. 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-term visas (VIS Regulation), OJ "No. L 218 of August 13, 2008 S. 60."

4. paragraph 5 paragraph 2 and 3:

"(2) the Federal Minister of the Interior has to empower the aliens police authorities of first instance to the facilitation of travel or in the interest of expediency, quickness and simplicity through regulation, to issue visas at certain border crossing points and to extend.

(3) the issuance of visas with the exception of air transit visas as well as the extension of visas is the responsibility exclusively those aliens police authorities of first instance an authorization referred to in paragraph 2 refers. Any aliens police authority of first instance empowered to declared invalid (§ 26) by Visa, insofar as it is national visa just those issued by Austria. Declared invalid visas in the VIS data entry required in accordance with article 13 of the VIS regulation is carried out in the way of the authorities authorised in accordance with paragraph 2."

5. in article 5, paragraph 4, the quote "section 21 paragraph 9" with the quote "section 21 para 8" will be replaced.

6. in the section 5 para 4, 16 para 1, 17 para of 3, 28 paragraph 2, 30 para 3, 95 and 127 each the phrase "Federal Minister for Foreign Affairs" by the phrase "Federal Minister for European and international affairs" replaced.

6a. in article 6, paragraph 3 the phrase "or extension" is inserted after the phrase "to grant" and section 6, paragraph 4 reads:

"(4) the territorial jurisdiction to the annulment of a visa, to revoke a permit to re-enter during the period of validity of a residence ban and the withdrawal of a special permit for eighteen months after a refusal, an expulsion or after departure due to a designation, as well as to impose it detention and deportation depends on the stay."

7. According to section 6 para 4, the following paragraph 4a is inserted:

"(4a) the responsibility for the further care of the Aliens Police (§ 2 para 2) will remain with that authority, which has led to the deportation. This jurisdiction ends



1 with the departure of the foreigner;

"2. two months after the original reason of the deportation pursuant to § 46 or 3. with the end of the remand or means of milder, if this measure over the period according to Z takes 2 addition."


8. in article 8, paragraph 1, the phrase "Federal Minister for Foreign Affairs" is replaced by the phrase "Federal Minister for European and international affairs".

8A. section 9, paragraph 2 reads:

"An appeal is not permitted (2) against the refusal, the granting and the withdrawal of a deferral of enforcement. Against the order of detention is neither a vision nor an appeal allowed. Against the refusal of the exhibition a clearance certificate, a map for tolerated and an identity card for foreigners, as well as against the withdrawal of a map for tolerated and an identity card for foreigners is not allowed. appeal"

9 paragraph 12 paragraph 4:

"(4) succeeds the stranger not, a claimed and to prove dubious minority to which he refers in a proceeding under this Federal Act, on the basis of the previously present findings of the investigation through safe certificates or other appropriate and equivalent Bescheinigungsmittel can the authority within the framework of a multifactorial study methodology the age of diagnosis (§ 2 ABS. 1 Z 25 AsylG 2005) also performing radiological examinations" , in particular X-ray examinations, map. Each method has to be made of possible interference with the lowest. The participation of a stranger at a radiological examination is not with coercive measures to enforce. After the age of diagnosis still reasonable doubt, is to assume his minority for the benefit of strangers. A stranger, claimed not to have reached a certain age and to be so minor, so contact to record and listen to this is - except in case of obvious inaccuracy - immediately with the competent youth welfare institution."

10. after article 12, 12a the following paragraph with heading shall be inserted:

"Proof of kinship relationship



section 12a. Succeeds not a stranger, a claimed relationship to which he refers in proceedings under this Federal Act, to prove safe certificates or other appropriate and equivalent Bescheinigungsmittel, has him carrying out of a DNA analysis to the authority upon his request and at his expense. The stranger is to teach about this possibility. The lack of desire of strangers on carrying out of a DNA analysis is not the stranger's refusal to contribute to the clarification of the facts of the case. Only the information about the family relationship may be processed in the proceeding; possibly also detailed data is to delete."

10A. in § 15 para 2 the word "eighteen" "twelve" by the word and replaced the phrase "or designation" by the phrase "or after departure due to a deportation".

10B. In article 21, paragraph 2, the phrase "and not extendable" is eliminated.

11 in section 21 does not apply paragraph 8 and the previous paragraph 9 receives the sales designation (8).

12 paragraph 24 par. 3 and 4:

"(3) the establishment and residence authority of the competent consular authorities abroad stating that a residence permit grant would be a stranger who is subject to the visa obligation, (§ 23 ABS. 2 NAG), is the stranger, taking into account article 21 paragraph 1 Z 1 to grant a residence visa with four-month validity period 3 and 4. The refusal of residence visa pursuant to § 21 para 1 No. 3 for the reasons of § 21 para 5 Nos. 1 to 3 and 6 is not allowed. If the residence visa is not granted, this has the competent consular authorities of establishment and residence authority, stating the reasons to communicate.

(4) the Federal Asylum Office in accordance with section 35 (4) tells AsylG 2005 that the claimant of a request for international protection by granting of the status of the person with right of asylum or of the subsidiary protection beneficiary is likely, is to give the stranger without another a residence visa with four-month validity period."

13 § 26 para 1 is as follows:

"(1) a visa is to explain, if subsequently



1. facts known (cancellation) or 2 will enter facts (suspension), which would justify a non-issuance (§ 21 para 1).

14. in article 30, paragraph 1, the phrase is replaced "requirement and freedom" by the word "Visa freedom".

15. in article 31, paragraph 1 3 after the word is in the Z ' are "the phrase", where they go during their stay in the Federal territory any illicit activity "added and it eliminates the Z 5.

16. According to article 31, paragraph 1, the following paragraph 1a is inserted:

"(1a) no case of paragraph 1 exists, not legally reside in the Federal territory strangers; This especially if they



1. on the basis of a readmission agreement (section 19 para 4) or international practice re be taken had to, 2. on the basis of a statement of through carriage, other intergovernmental agreements or at the request of a Member State of the European Union to transit (§ 48 para 1) or on the basis of a transmitted delivery permit according to § 47 ARHG, or section 35 of the Federal Act on judicial cooperation in criminal matters with the Member States of the European Union (EU-JZG), Federal Law Gazette I no. 36/2004 ", have traveled or 3. (section 46a) are tolerated."

17 in § 31 para 2, the phrase is replaced "Proposing residence and right of establishment" by the phrase "proposing right of residence".

18. in article 39, paragraph 5 is to the phrase "Detention is only" the phrase "in accordance with paragraph 6, § 77 para 5 or" inserted.

19. the heading of the 6 main piece is as follows:

"Deportation, toleration, territorial restriction and transit"

20 paragraph 46 paragraph 3:

"(3) the authority shall as soon as possible to take all measures to carry out the deportation necessary arrangements, taking into account the circumstances of the case (in particular para. 2 and 4). Official acts concerning foreigners, whose de facto deported pursuant to section 12a paragraph 2 AsylG 2005 was lifted, are priority to lead."

21. after section 46, the following section 46a and heading shall be inserted:

"Toleration



section 46a. (1) the stay of foreigners in the Federal territory is tolerated, as long as their deportation in accordance with



1. sections 50 and 51 or 2. §§ 8 par. 3a and 9 para 2 AsylG 2005 is not permitted or 3rd from actual, seems impossible from the strangers not to be reasons that after rejecting decision according to § 5 AsylG 2005 persists a jurisdiction of another State or unless he recognises the competence still or again,.

(2) the authority may issue a card for tolerated strangers, whose Aufenthalt in the Federal territory is tolerated. The map is used to prove of the identity of the strangers and in particular the names "Republic of Austria" and "Map for tolerated", also has to include name, gender, date of birth, nationality, photograph and signature of the tolerated as well as the name of the authority, date of issue and names of approvers. The detailed design of the card sets the Federal Minister of the Interior Regulation.

(3) the ticket for tolerated applies for one year and will be extended in the case of the further existence of the prerequisites pursuant to par. 1 on request of the foreigner for another year. The card is to withdraw, if



1 whose validity expired;

2. a tolerance in the sense of paragraph 1 not or no longer exists;

3. the image on the card not more clearly recognize the holder can be or 4 other official entries on the map have become unreadable.

The stranger has to submit the card without delay the authority if the card has been withdrawn or circumstances that would justify a withdrawal. Was removed from the card or is present, the organs of public security and the authority empowered to accept the card. Accepted cards are immediately submit the authority intervened the organ in their local area. It has to forward the card to the competent authority."

22 paragraph 50:

"50th (1) the refusal, which is preventing the entry, expulsion or deportation stranger in a State inadmissible if this article the abolition of the death penalty would violate 2 or 3 of the European human rights Convention (ECHR), Federal Law Gazette No. 210/1958, or Protocol No. 6 or no. 13 to the Convention for the protection of human rights and fundamental freedoms or for them as a civilian a serious threat of death or as a result of random violence in the context of international or national conflict connected would be.


(2) the rejection or expulsion stranger in a State or preventing from entering from a State is inadmissible if there are sound reasons to believe, that there their lives or their freedom for reasons of their race, their religion, their nationality, their membership of a particular social group or their political views would be threatened (art. 33 No. 1 of the Convention relating to the status of refugees) , Federal Law Gazette No. 55/1955, as amended by the Protocol relating to the status of refugees, Federal Law Gazette No. 78/1974), except that there is an internal flight alternative (§ 11 AsylG 2005).

(3) the deportation in a State is not permitted, as long as an interim measure by the European Court of human rights recommendation precludes the deportation.

(4) proves the refusal, which is expulsion or deportation stranger, which applied for international protection 2005, been rejected according to the asylum Act due to lack of competence in Austria in the third State as impossible, so to inform the Federal Asylum Office thereof without delay in."

23 paragraph 51:

"§ 51. (1) during a procedure for issuing an expulsion or a residence ban, what to call the stranger is, at the request of the foreigner to determine whether the deportation in a State designated by him, which is not his home State, is inadmissible in accordance with article 50.

(2) an application under paragraph 1 on the home state of the stranger who relates this application considered application for international protection. In this case is in accordance with the provisions of the asylum Act 2005 to proceed.

(3) until a final decision on the application for the stranger in the State referred to in paragraph 1 may be not deported, unless the request would be to reject AVG in accordance with article 68, paragraph 1. After deportation of the foreigner in another State, the procedure is as does not apply.

(4) the aliens police authority may obtain in cases where the determination of the relevant facts is met with particular difficulties, a statement of the Federal Asylum Office to the existence of a threat. Appeals against administrative decisions involving the admissibility of deportation has been found in a particular State is to decide, unless the detention would have ended before within a week.

(5) the notification with an application referred to in paragraph 1 has been adjudicated, is to amend at the request or by virtue, when the relevant facts of the case has changed significantly so the decision with regard to that country would have to be different. Pending the final decision on a request for such the stranger in the State in question may only be deported if the request in accordance with article 68, paragraph 1 of thing AVG due to strong to be back.

(6) stranger, invoking one of the threats referred to in section 50, may be rejected only or pushed back after she had the opportunity to present any opposing reasons. The aliens police authority is to put in these cases before the rejection of the facts of the case having regard to and has then to decide on the rejection."

24 in section 53, paragraph 2, the phrase is "requirement and freedom of establishment (§ 21 para 8 and 30 paragraph 1) enjoy" is replaced by the phrase "freedom of endorsement and are not proposing residence".

24A. § 54 paragraph 5 reads:

"(5) finally strangers who reside on the basis of a residence permit or during a renewal process in the Federal territory, can be assigned out with notice, have been granted a residence permit or if they are pursued more than one year but less than five years in the Federal territory established and during the period of one year almost continuously any permitted gainful employment."

25 § 60 para 2 Z 9 to 11 is:



"9. a marriage closed, for acquiring or maintaining a Community measures of right of residence, for the acquisition of Austrian citizenship, in order to access to the labour market or the immigrant stay-ending rely for the granting or maintaining a residence permit on this marriage, but with the spouses a family life in the sense of article did; not 8 of the ECHR



10.



held on child has been accepted and the access to the labour market or the stay ending measures prohibit exclusive or predominant reason for the adoption of a child held the granting or maintaining a residence permit, acquisition or maintaining a community residence, the acquisition of Austrian citizenship, was, however has deceived the Court about the true circumstances to the choice parents



11.



within the period according to § 73 para 1; again entered without the special permit"



26 paragraph 62 paragraph 4:

"(4) is to enforce an expulsion, the prohibition of return is considered ban on residence. § 12 AsylG 2005 applies."

27. in article 66, paragraph 3, the phrase "situation or permanent right of establishment" is replaced by the phrase "Situation right of residence or a permanent right of establishment".

28. the section 67 be added following paragraph 3 to 5:

"(3) the authority has to inform about their duty to the immediate exit strangers against an enforceable deportation in accordance with § 10 2005 adopted AsylG. It is in particular on the possibility of voluntary return and repatriation assistance (§ 67 AsylG 2005) and to indicate immigration measures to enforce the departure obligation (§ 46).

(4) in addition, the authority shall as soon as possible from the necessary factual and legal requirements are demonstrably about the already set Abschiebetermin to inform and to put even the Federal Asylum Office informed strangers against an enforceable deportation in accordance with § 10 2005 adopted AsylG.

(5) the information referred to in paragraph 3 and 4 can be in any appropriate manner, in particular also with Forms. The detailed shape and design this forms can set the Federal Minister of the Interior Regulation."

29 paragraph 73:

"Section 73 (1) foreign, which are entitled, without visa in the Federal territory to enter and is in this to stop, require with the exception of the cases of sections 84 and 85 for the period of eighteen months after a rejection in accordance with § 41 para 2 Nos. 4 and 6, after an expulsion or after departure due to a designation to the entry in the Federal territory and to stay in this a special permit.

(2) the special permit may be granted to the strangers at the request, if no longer are the reasons that have led to the rejection, expulsion or deportation, and no visa refusal reason is given. The permit for stays exceeding three months is granted in the form of a visa. § 72 ABS. 3, 5 and 6 shall apply.'

30. in section 74 paragraph 2 2 the word in Z "or" with a semicolon and no. 3 the point "or" replaced by the Word as well as added following Z 4:



"4. If he did not a charge made to his own hands, this coercive means was threatened, without adequate excuse, to the interview to clarify his identity and origin, in particular for the purpose of obtaining a certificate of departure from foreign authorities,."

31. in article 76, according to paragraph 2, the following paragraph 2a is inserted:

"(2a) the locally competent aliens police authority has to arrange over an asylum seekers detention, if"



1 against the asylum seekers one was adopted AsylG 2005 associated enforceable expulsion rejecting decision according to § 5 or pursuant to section 12a paragraph 1 AsylG 2005 a de facto deportation not comes to him;

2. a notification pursuant to § 29 para. 3 4 to 6 AsylG 2005 is Z and the asylum seekers the territorial limitation in accordance with article 12 para 2; 2005 injured AsylG

3. the asylum seekers that violated § 15a AsylG 2005 more than once to reporting duties in accordance with;

4. the-seekers of asylum, against under the provisions of the asylum Act 2005 a deportation procedure has been initiated, the participation obligation pursuant to § 15 para 1 has failed to 4 penultimate sentence AsylG 2005 Z, or 5 the asylum seekers a subsequent application (§ 2 ABS. 1 Z 23 AsylG 2005) has the de facto deported pursuant to section 12a paragraph 2 AsylG 2005 was lifted, and detention for the safety of the procedure for issuing an expulsion pursuant to section 10 is AsylG 2005 or to secure the deportation necessary ", unless that special circumstances in the person of the asylum advertiser oppose the deportation."

32. paragraph 83 para 1:


"(1) to decide on a complaint under article 82, paragraph 1 Z 2 or 3 of the independent administrative panel of appeal is responsible, in whose jurisdiction the authority has its seat, which ordered the detention or the detention." In the cases of § 82 par. 1 Z 1 depends on the jurisdiction the place of arrest."

33. the heading of the 10 main piece is as follows:

'Special provisions for community residents EEA citizens and Swiss citizens, beneficiaries of third-country nationals and family members of EEA citizens not community residents, Swiss and Austrians'

34. paragraph 84:

"§ 84. EEA citizens and Swiss citizens enjoy visa freedom and have the right of residence for a period of three months. In addition is in accordance with the 4 main piece of the 2nd part of the settlement and residence Act. a right of residence"

35. paragraph 85:

"85th (1) favoured third country nationals (§ 2 para 4 Z 11) have the right of residence for a period of three months, but are subject to the visa obligation, unless annex I to the visa obligation Regulation (§ 2 para 4 Z 20) apply to them." You are entitled to a visa.

(2) acts in connection with the granting of visas to beneficiaries of third-country nationals are a priority and exempt from stamp duties and administrative charges.

(3) over the three-month period referred to in paragraph 1, a right of residence consists of 4 main piece of the 2nd part of the settlement and residence Act in accordance. "Holders of residence cards and permanent residence cards (§§ 54 and 54a NAG) are entitled to visa-free travel."

36. in article 86, paragraph 1, the word is "legitimate freedom movement" by the phrase "community residents", the word "Main residence" by the word "Stay" as well as 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. paragraph 86 section 2:

"(2) EEA citizens and Swiss citizens beneficiaries of third-country nationals can be reported (§ 53 para 1), if the reasons of § 55 NAG para 3 them that right of residence under Community law do not, or no longer comes to, be it because they have already the permanent right of residence acquired;" in this case a designation under the conditions of article 56 is allowed."

38. the heading of section 87 is as follows:

"Family members of EEA citizens not community residents, Swiss and Austrians"

39. in paragraph 88, receive the previous para 2 and 3 the terms of paragraph (3) and (4) and the paragraphs 1 and 2 are as follows:

"(1) alien can, if this is located in regard to the person of the person concerned in the interest of the Republic, issued at the request for"



1. stateless persons or persons of unknown nationality, who possess a valid travel document;

2. foreign nationals who have a permanent right of residence in the country and are not able to obtain a valid travel document of the country of origin;

3. foreign nationals who are not able to obtain a valid travel document in their home country and which moreover the conditions for issuing a residence permit "Long-term resident - EC" (article 45 NAG) or "Long-term resident - family member" (§ 48 NAG) are given;

4. foreign nationals who are not able to obtain the required for emigration from Germany travel document of their home country or 5. foreign nationals who have their main residence in the country continuously for at least four years unless the competent Federal Minister or the Government confirms that the exhibition of non-citizen passport due to the of the strangers is provided or expected achievements in the interest of the Federal Government or the country.

(2) alien can be issued on request also for



1. stateless persons who are legally in the country, or unclarified citizenship persons who possess a valid travel document and reside legally in the country or 2 strangers, the status of the subsidiary protection beneficiary not offered to whom, if this would be humanitarian reasons whose Anwesenheit in another State requiring, unless, for reasons of public order and security."

40. section 94 para 5 replaces the phrase "Otherwise the article 88, paragraph 3, as well as sections 89 to 93. apply" by the phrase "The rest, apply the sections 88, par. 4 and 89 to 93".

41. after the 2nd section of the 11 main piece header, the following section 94a and heading shall be inserted:

"Identity card for foreigners



section 94a. (1) the authority may exhibit strangers, where the exhibition of a Convention (section 94, paragraph 1) passport in accordance with section 94 para 5 iVm § 92 was denied or a Convention (section 94, paragraph 1) passport in accordance with section 94 para 5 iVm § 93 were deprived of an identity card if the preconditions for a Convention travel document renewed exhibition are not available.

(2) the authority may exhibit strangers, where the exhibition of a non-citizen passport in accordance with § 92 was denied or a fiancé in accordance with § 93 were deprived of an identity card if the conditions for the recent exhibition of a non-citizen passport is not available.

(3) the identity card has anyway, the designation "Republic of Austria" and "Identity card for foreigners", name, gender, date of birth, nationality, photograph and signature of the strangers and name of the authority, to include date of exhibition and signature of the approving manager. The detailed design of the identity card sets the Federal Minister of the Interior Regulation.

(4) the identity card serves only the proof of identity. Through its exhibition rights after the settlement and residence Act, according to the asylum Act 2005 and under the subject Federal Act documented nor substantiated are.

(5) the identity card can be issued with a validity period of five years, unless that



1. a shorter validity period is requested, or 2. in regard to the conditions governing the issue of the identity card is valid for a shorter period.

The extension of the period of validity of an identity card is not permitted.

(6) the identity card is to withdraw, if



1. the photo is missing or not more clearly recognize the identity of the owner allows it;

2. a registration of the authority has become defaced or 3. the identity card has become distorted, no longer complete, or unusable for any other reason.

Extracted from identity cards are to submit the authority immediately. They are not a valid document to prove of the identity."

42. in article 98, paragraph 2, second sentence, the following is inserted:

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

43. in article 105 par. 2, the phrase "the courts of first instance are responsible for their prosecution," does not apply

44. the section 105 be attached following paragraph 8 and 9:

"(8) after a notification pursuant to § 22 para 11 Z 1 AsylG 2005 has the authority the Federal Asylum Office immediately in writing about the current status of the foreigners police action, in particular with regard to the existence of information in accordance with section 67 (4), to inform."

(9) the authority has to inform the Federal Asylum Office and the asylum Court in the cases of section 12a paragraph 2 AsylG if a deportation of the foreigner is not actually possible in 2005 immediately. Also has the Federal Asylum Office immediately the authority to inform 2005 relevant changes of the Abschiebetermins in advance for a procedure according to section 12a paragraph 3 AsylG."

45. in section 110 is to the phrase "within a period of three months to announce"the phrase"except as justified, the Aliens Police Authority announces within this period of time that the surveys still not could be completed. In this case extended the deadline once, by another two months"inserted.

46. in article 111, paragraph 1, first half-sentence, paragraph 2 and 3 is replaced the word "Stranger" by the word "Persons".

47. in article 111, paragraph 1, second half-sentence, is replaced by the word "Person" and the phrase "a visa" by the phrase "a permission to enter" the word "Foreign".

48. in article 111, paragraph 2, Z 1 is replaced by the phrase "the people transported by them (full name, date of birth and nationality)" the phrase "the strangers they carry (full name, date of birth, place of birth, place of residence and nationality)".


49. in section 111, subsection 2, Z 2 is replaced by the parenthesis quote (kind, number, period of validity and issuing State of travel document and any required permission to enter) the bracket quote (kind, number, validity period, issuing authority and date of issue of passport and visa if required).

50. in article 111, paragraph 3, the phrase "over the border" is inserted after the word "Boat".

51. in article 112, paragraph 1, the phrase is "any stranger, the" by the phrase "any person the" and the phrase "the necessary visa" replaced by the phrase "permission for entry".

52. paragraph 114:

"Unduly to enrich § 114 (1) who promotes the unlawful entry or transit of a stranger or a Member State of the European Union or neighbouring country of Austria with the intent, himself or a third party through a fee that results is up to two years by the Court to imprisonment to punish.

(2) a person who ever is sentenced within the last five years for trafficking in human beings in the sense of paragraph 1, is to punish up to three years imprisonment. Also such by a foreign court in proceedings corresponding to the principles of article 6 of the Convention for the protection of human rights and fundamental freedoms is considered a conviction.

(3) if the Act after paragraph 1



1 Professional (§ 70 StGB), 2 on a larger number of strangers, or 3 in a manner by the stranger, in particular during transport, goes long periods of time through a painful condition, commits, is to be punished up to five years by the Court to imprisonment of six months.

(4) a person who commits the offence referred to in paragraph 1 as a member of a criminal organization or in a manner, that it endangered the life of the stranger, to which the offence relates, is to be punished by imprisonment from one to ten years by the Court.

(5) residents, whose illegal entry or transit is promoted by the Act are not as involved (§ 12 StGB) to punish. With their back or deportation may be serviced to, if and as long as this is required to hear them with the facts.

(6) the organs of public security are authorized at the imminent danger, items which the perpetrator with leads, or means of transport used for the offence or containers ensuring the levy of the enrichment (§ 20 StGB), revocation (§ 20B Penal Code) or the confiscation (§ 26 StGB) provisionally to ensure. The charge of the means of transport can be followed from the owner of the registration or his representative. Of the measures the Court is immediately reported to."

53. paragraph 115 including heading:

"Non-gratuitous aid to the unauthorized stay



115. (1) who, with the intent of unlawfully enriching, a stranger himself or a third party through a pay for results, not just minor unauthorized stay in the territory of a Member State of the European Union relieved is by the Court to imprisonment to punish up to one year or a fine of up to 360 daily rates.

(2) a person who has committed the Act professional or a larger number of strangers, is to punish up to three years imprisonment.

(3) the stranger, the aid referred to in paragraph 1 to good came or should be, is not a party to punish.

(4) the procedure for the offence referred to in paragraph 1 is whether the courts of first instance."

54. in sections 117 para 1 to 3 and 118, para 1 to 3 is inserted after the word "Residence permit," the phrase "for acquiring or maintaining a right of residence under Community law," each.

55. paragraph 117 paragraph 4:

"(4) the stranger who wants to invoke the marriage within the meaning of this provision, is as a party to punish."

56. paragraph 118 sec. 4:

"(4) the adult adopted child is as involved to punish."

57. paragraph 119 including heading:

"Unlawful use of social services



§ 119. Who is relying on a law pursuant to § 120 para 2 erschlichenes, social services, particularly services took a sickness, accident or pension insurance services from the title of social assistance or a federal or provincial law I no. 80/2004 implementing the basic service pursuant to article 15a B-VG, Federal Law Gazette, claim, is the Court with imprisonment up to one year or to punish with fines of up to 360 daily rates. Who took social services, the value of which exceeds €3 000, is to punish up to three years imprisonment by the Court."

58. paragraphs 120 and 121 together with headings are:

"Illegal entry and illegal residence



120. (1) who as a stranger



1 not lawfully enters in the Federal territory, or 2 not lawfully present in the Federal territory,



commits an administrative offence and is with fine of EUR 1 000 to 5 000 euros in case of their recovery with imprisonment up to three weeks, to punish. The location of the re-entry or the last known stay; considered crime scene during re-entry in a public means of transport the nearest exit point at the exit of the public means of transport in accordance with the timetable of the loading support subcontractor is possible.

(2) Whoever as a stranger



1 to a in a procedure for the granting of the title of an entry or a residence permit prior to the exhibition of such title appointed authority makes knowingly false statements, if only temporary, lawful stay in the Federal territory to cheat, or 2. in asylum proceedings before the Federal Asylum Office or the asylum Court knowingly false information about his identity or origin makes tolerating his presence in the country or a , if dishonestly also only temporary, lawful stay in the Federal territory, commits an administrative offence and is up to 5 000 euros in case of their recovery with imprisonment with a fine of EUR 1 000 up to three weeks, to punish.

(3) a person who



1. knowingly unlawful entry or transit a stranger or a Member State which promotes European Union or neighbouring Austria, or 2 with the intent to discourage the procedure for the issuing or enforcing stay ending measures, knowingly facilitated the unauthorized stay in the territory of a Member State of the European Union a stranger commits an administrative offence and is a fine of EUR 1 000 to 5 000 euro , to punish with imprisonment up to three weeks, in the case of their recovery.

(4) a person who has committed an act according to paragraphs 1, 2 or 3, although he was already once been punished for such an Act, is a fine of 5 000 euros up to EUR 15 000 or to punish with imprisonment up to six weeks.

(5) an administrative offence referred to in paragraph 1 is not No. 2,



1. If the exit only to a country would be possible, in that a deportation not permitted (§ 50) is;

2. as long as the stranger tolerated 3. in the case of residence of a beneficiary non-EU nationals without visas or 4 as long as the foreigners are deprived of personal freedom is (section 46a).

(6) a punishment pursuant to par. 1 Z 2 includes such due to the at the same time pursuant to par. 1 Z 1 committed administrative offence in.

(7) an administrative offence is not referred to in paragraph 1, if the foreigner has submitted a request for international protection and he was awarded the status of asylum-eligible or entitled to subsidiary protection. During the asylum procedure, the administrative penal proceeding is interrupted.

(8) the stranger an act comes after para 3 to good or should be, is not punishable due to instigation or aid.

(9) according to para 3 is not punishable, who committed the Act in relation to his spouse, his children or his parents.

(10) the attempt in the cases of paragraph 2 and 3 is punishable by law.

Other violations



121. (1) who as a stranger outside the area is, was limited to the whereabouts in accordance with article 47, paragraph 1 or article 62 par. 5, commits an administrative offence and is up to 5 000 euros, with fine of EUR 1 000 in the case of their recovery with imprisonment to punish up to three weeks,. This does not apply if the stay outside this area, in particular for reasons of medical treatment or complying with any other statutory obligations, is required.

(2) a person who resides as a stranger outside the territory in which he is AsylG 2005 tolerated in accordance with article 12, paragraph 2, or no. 4 penultimate sentence or 15a AsylG 2005 injured a reporting obligation pursuant to § 15 para 1, commits an administrative offence and is a fine of EUR 1 000 to 5 000 euros in case of their recovery with imprisonment up to three weeks , to punish.

(3) a person who



1 requirements, the him the authority a)

has given grant an enforcement deferral (§ 68) or b) permits pursuant to §§ 72 or 73, disregarded or 2 leads his travel document not to or keep according to § 32 para 2;

3. Despite the request by an organ of the public security service a) this a document decisive for his residence permit not issued or b) which not moves in its support at that place where the document is kept, commits an administrative offence and is up to 250 euro, in the case of their recovery with imprisonment with a fine of 50 euros up to a week, to punish.

(4) organs of public security was responsible in accordance with article 36, paragraph 1 who will grant access to land, operation, working areas, rooms or vehicles, commits an administrative offence and is up to 5 000 euros fine of EUR 1 000, to punish up to three weeks, with imprisonment in the case of their recovery.

(5) a person who has committed an act according to paragraphs 1, 2, or 4, although he was already once been punished for such an Act, is a fine of 5 000 euros up to EUR 15 000 or to punish with imprisonment up to six weeks.

(6) according to paragraphs 1, 2, 3, 4 or 5 or § 120 paragraph 1, 2, 3 or 4 imposed punishments are together with the personal data required in the the Department of Security Administration punishment evidence (§ 60 SPG) to process. § 60 para 2 and 3 SPG is true."

59. the section 125 be attached following paras 12 and 13:

"(12) sections 114 to 121 of the Federal Act in the version of Federal Law Gazette I no. 29/2009 continue to apply for criminal acts committed before 1 January 2010.

(13) before entry into force of the Federal Act Federal Law Gazette I no. 122/2009 pursuant to § 46 para 3 outstanding deportation delays remain remain valid up to the stipulated time. Up to this time an administrative offence pursuant to § 120 paragraph 1 is not No. 2. section 69 as well as §§ 6 para 4 and 9 para 2 as amended on December 31, 2009 continue to apply to these cases."

60th the following paragraph 7 is added to the § 126:

"(7) § 2 para 1 and 4 Nos. 11, 15 and 17 of up to 21, 5 para of 4, 6 para 4 and 4a, paragraphs 7 Z 3, 8 para 1, 9 para of 2, 12 paragraph 4, 12a, including heading, 15 para of 2, 16 para 1, 17 paragraph of 3, 21, paragraph of 8, 24 par. 3 and 4, 26 para 1, 28 paragraph 2, 30 (1) and 3" , 31 para 1 No. 3, par. 1a and 2, § 39 para 5, the heading of the 6 main piece, § 46 para 3, 46a and heading, 50, 51, 53 para of 2, 54 paragraph of 5, 60 para. 2 Z 9 to 11, 62 para of 4, 66 par. of 3, 67 paragraph 3 to 5, 73, 74 para. 2 Z 2-4, 76 para 2a, 83 para 1 , the heading of the 10 main piece, § § 84, 85, 86 para 1 and 2, the heading of § 87, § § 88, 94 para 5, 94a, including heading, 95, 98 para 2, 105 para 2, 8 and 9, 110, 111 para 1 to 3, 112 para 1, 114, 115 and heading, 117 (1) to 4, 118 para 1 to 4, 119 including heading, 120 together with heading , 121 together with heading, 125 paras 12 and 13, 127 and the table of contents in the version of Federal Law Gazette I no. 122/2009 apply with January 1, 2010. I no. 122/2009 contact the §§ 5, par. 2 and 3, 6 paragraph of 3 and 21 para 2 as amended by Federal Law Gazette April 5, 2010 in force."

61. the table of contents is amended as follows:

(a) according to § 12, § 12a is inserted:



"Article 12a.





Proof of kinship relationship"




(b) the name of the 6th main piece is as follows:



"6 main piece: deportation, toleration, territorial restriction and transit"




(c) in accordance with article 46, paragraph 46a is inserted:



'article 46a.





Acquiescence"




(d) the designation of the 10 main piece is as follows:





"10 main piece: special provisions for community residents EEA citizens and Swiss citizens, beneficiaries of third-country nationals and family members of EEA citizens not community residents, Swiss and Austrians"






(e) the heading of section 87 is as follows:



"§ 87.





Family members of EEA citizens not community residents, Swiss and Austrians"




f) after the title of the 2nd section of the 11 main piece, the heading of section 94a shall be inserted:



"section 94a.





Identity card for foreigners"




(g) the heading of section 115 is as follows:



"§ 115.





Aid paid to unauthorized stay"




h) the headings of sections 119 and 120 are:





"§ 119.





Unlawful use of social services







section 120.





Illegal entry and illegal stay"





Article 3

Amendment of the fees Act 1957

The fees Act 1957, BGBl. No. 267, as last amended by Federal Law Gazette I no. 79/2009, is amended as follows:

1 § 14 tariff post 4 para 4 is:

"(4) extracts, transcripts and certificates referred to in paragraph 1 No. 2, issued for purposes of the ceremony or the extension of the awarding of the Austrian citizenship, are free of charge; This also applies to those foreign writings presented in this context for official use."

2. § 14 tariff post 5 para 3 Z 3 is:



"3. fonts and printing units are settled a searching to award or extension of the awarding of the Austrian citizenship or a request for grant of a residence permit."

3. § 14 tariff post 6 ABS. 3 lit. b is as follows:



"(b) 110 EUR application for awarding or extension of the awarding of the Austrian citizenship; subject to for minors, the fee is 60 euros."

4. § 14 tariff post 7 para 3 is:

"(3) logs and records that are built for purposes of awarding or extension of the awarding of the Austrian citizenship are free of charge."

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

a) paragraph 5 is as follows:

"(5) issuing and handing over a residence permit by a public authority with its seat in Germany



"(1. auf Antrag a) of temporary residence permit (§ 8 paragraph 1 Nos. 1, 2 and 5 NAG) 20 euros, with minor 50 euro b) permanent residence permit (§ 8 para 1 Nos. 3 and 4 NAG) 70 euro, minor 100 euros 2. officio 100 euro."

b) para 5a is as follows:

"(5a) exhibition"



("1. a registration certificate (§ 9 para 1 subpara 1 NAG) or a permanent residence certificate (§ 9 para 2 subpara 1 NAG) 15 Euro 2. a permanent residence card (§ 9 ABS. 2 NAG No. 2) or a residence card for family members of an EEA citizen (§ 9 para 1 subpara 2 NAG) 56 euro" c) paragraph 5 b, first sentence, is:

"Acceptance of criminal data required for submission or granting of official (section 19 para 4 and 10 NAG)..." 10 euro"

(d) the following paragraph is inserted 5 c:

"(5C) exhibition a"



"1 map for tolerated (section 46a FPG) 26.30 Euro 2. identity card for foreigners (section 94a FPG) 56 euro 3rd photo identification for EEA citizens (§ 9 para 3 NAG) 56 euro."

e) paragraph 6 is as follows:

"Free (6) the granting of residence permits in accordance with paragraph 5, which are paragraph 5a and type referred to in paragraph 5 c documentation of the right of residence under Community law according to from administrative duties of the Federal Government."

(f) section 7 is as follows:

"(7) with regard to the emergence of fees debt, debtor's fees, as well as the lump sum with residence permits in accordance with paragraph 5, for documentation of the community right of residence referred to in paragraph 5a and type referred to in paragraph 5 c apply the paragraph 3 and 4 mutatis mutandis with the proviso that the lump sum in the case of paragraph 5 subpara 1 lit. a 20 euro, in the case of paragraph 5 subpara 1 lit. b and Z 2 35 Euro each with residence permits, in the case of paragraph 5a Z 1 3 euros and in the case of paragraph 5a, Z is 2 35 euros of depending on the documentation of the right of residence under Community law,. In the case of paragraph 5c, no. 1 is the authority the entire amount, in the case of paragraph 5 c Nos. 2 and 3 to the amount of 35 Euro. Acceptance of data according to para 5b are for the incurrence of fees debt article 11 par. 1 Z 3 and to apply for the person of debtor's fees § 13 para 1 No. 3. The authority may give residence permits (paragraph 5), documentation of the community right of residence (paragraph 5a) and type referred to in paragraph 5 c only after the payment of the fee."

6 § 14 tariff post 14 para. 2 Z 28 is:



"28 certificates issued for purposes of awarding or extension of the awarding of the Austrian citizenship;"


7 paragraph 37 paragraph 22 to 24:

"(22) § 14 tariff post 4 para 4, tariff post 5 para 3 No. 3 concerning fonts and printing units, be accompanied by an application for award of the Austrian citizenship, collective post 6 ABS. 3 lit." b, collective post 7 para 3 and collective post each in the version of Federal Law Gazette I no. 52/2009, 14 para 2 Z 28, September 1, 2009 into force and shall apply to all matters for which the fees debt incurred after August 31, 2009.

Article 11 par. 1 Z 1, § 14 tariff post 5 para 3 No. 3 relating to fonts and printing units, be accompanied by a request for grant of a residence permit, collective post 6 para 3 lit. (a) and paragraph 5 I no 52/2009, contact Z 24, collective post 8 para 5 and 7, each as amended by Federal Law Gazette 1 July 2009 in force and are to apply to all matters for which the application for granting a residence permit after June 30, 2009 is provided.

§ 14 tariff post 6 para 5 Z 24, as well as collective post 8 paragraph 5 and 7, each as amended before the Federal Act Federal Law Gazette I 52/2009, are no. last time apply to situations for which the application for granting a residence permit is provided before July 1, 2009.

§ 14 tariff post 6 para 2 No. 3 as amended by the Federal Act Federal Law Gazette I is no 52/2009 last time on facts to apply for which the fees debt incurred before the 1 September 2009.

Article 15 par. 3 in the amended by Federal Law Gazette I 52/2009 emerges No. 1 August 2008 in force and apply to all facts, which are carried out after July 31, 2008.

(23) section 14 tariff post 9 par. 1 Z 2, 2a, 3, 4, each as amended by Federal Law Gazette I no. 79/2009, contact 4a, paragraph 2 Z 1a and paragraph 5 and § 35 paragraph 6, August 19, 2009 in force and shall apply to all situations for which blaming fees after August 18, 2009 is produced or originated. § 35 paragraph 6 as amended before the Federal Act Federal Law Gazette I is no. 79/2009 last facts to apply, which will be carried out before August 19, 2009. § 14 tariff post 9 par. 1 Z 6 comes with override on July 15, 2009.

(24) section 33 last facts apply to para 2 as amended by the Federal Act Federal Law Gazette I is no 75/2009 collective post 11, for blaming charges before January 1, 2010 is created."

8 25 the following section is added to section the 37:

"(25) § 14 tariff post 8 I contact no. 122/2009, paragraph 5, paragraph 5a, paragraph 5 first sentence, paragraph 5 c, para 6 and 7, each as amended by Federal Law Gazette 1 January 2010 in force and are to apply to all situations for which is blaming fees after December 31, 2009." § 14 tariff post 4 para 4, tariff post 5 para 3 No. 3 relating to fonts and printing units, be accompanied by a request for extension of the awarding of the Austrian citizenship, collective post 6 ABS. 3 lit. "b, collective post 7 para 3 and tariff post each in the version of Federal Law Gazette I no. 122/2009, apply 14 par. 2 Z 28, with January 1, 2010 and shall apply to all matters for which the fees debt incurred after December 31, 2009."

Article 4

Amendment of the Basic Law of supply - Federal 2005

The basic supply Act - Federal 2005 (GVG-B 2005), Federal Law Gazette No. 405/1991, amended by Federal Law Gazette I no. 4/2008, is amended as follows:

1. in article 5, para. 3, "a house rules"the phrase", which can be provided in particular the obligation to comply with a night's rest" is inserted after the word order and replace the phrase "This is in the affected primary recording area" by the phrase "The rules of the House is in the affected care facility".

The following paragraph 7 is added to § 2. 8:

"(7) the authorities of the Federal, State and municipal, and the offices of the public employment service, that legally have data, are authorized and obligated to provide this information the authorities referred to in paragraph 1 and, unless they are needed for the granting of supply on request. The transmitted data are immediately to delete when they are no longer needed for the fulfillment of the concrete purpose."

3. According to article 9, the following section 9a and heading shall be inserted:

"Control measures



section 9a. To prepare periodic analyses in accordance with article 5 para 3 No. 2 basic supply agreement can the Federal Minister of the Interior, including the aliens police authorities and the tax authorities checks in place make, how far the actually performed supply the goals of basic supply agreement (art. 1 conjunction with art. 6) corresponds to. As far as the authorities in the countries under its jurisdiction to carry out such checks and make a request, the Federal Minister for the Interior, the aliens police authorities and the tax authorities can participate."

4. § 16 14 the following paragraph is added:

"(14) articles 5, paragraph 3, 8 para 7 and 9a and heading as amended by Federal Law Gazette I no. 122/2009 1 January 2010 into force."

Article 5

Change of the settlement and residence Act

The settlement and residence Act (NAG), Federal Law Gazette I no. 100/2005, as last amended by Federal Law Gazette I no. 38/2009, is amended as follows:

1. in article 1, paragraph 1, the phrase "Documentation of existing residence and establishment rights" is replaced by the phrase 'Documentation of the right of residence under Community law'.

2. in article 1, par. 2, Z is 1 after the phrase "De facto deported enjoy" the phrase "or upon a subsequent request (§ 2 ABS. 1 Z 23 AsylG 2005) in the authorisation procedure (§ 28 AsylG 2005) are" inserted.

3. in article 2, paragraph 1, no. 6 is inserted after the word "EEA citizens" the phrase "or Swiss citizens".

4. in article 2, paragraph 1 Z 9 replaced the phrase "except the spouse of Austrians, EEA citizens and Swiss citizens, 18 years of age" with the phrase "age of 21 at the time of application".

5. § 2 par. 1 Z 14 is:



"14 proposing residence: the right granted on the basis of the directive on free movement of an EEA citizen and his family to reside in the country for more than three months or permanent;"

6. in article 2, paragraph 1 Z 15 adds the phrase "at the time of the Declaration" after the phrase "to bear the costs".

7. in article 2, paragraph 1 Z 18 inserted the phrase "at the time of the Declaration" after the phrase "by appropriate evidence" as well as the point replaced the digit at the end with a semicolon.

8. in section 2, paragraph 1 be added following Nos. 19 and 20:



"19 free movement directive: the Directive 2004/38/EC on the right of Union citizens and their family members, to move freely in the territory of the Member States and to stop amending Regulation (EEC) No 1612/68 and repealing 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 No. L 158 of 30.04.2004 p. 77 as amended by the amending OJ No. L 229 of the 29.06.2004 S. 35;

20. EC-Switzerland agreement: the agreement between the European Community and its Member States, of the one part and the Swiss Confederation on the other, on the free movement of, OJ "No. L 114 of the 30.04.2002 p. 6 and Federal Law Gazette III No. 133/2002."

9. the article 2 be attached following paragraph 6 and 7:

"(6) for an application for issuance or renewal of a residence permit, the template is only a liability Declaration (para. 2 Z 15) or sponsorship Declaration (para. 2 Z 18) allowed." Several people appear as committed in a statement, then each of them liable for the full amount of the liable severally.

(7) short-term domestic and abroad, in particular for purposes of visit, break not the claim giving rise or terminating a claim duration of residence or establishment. The same applies to the case that the stranger has left the country in consequence of a subsequently addressed foreigners police decision."

10. in section 3 para 3 is the phrase "concerning applications to be rejected are already on formal grounds (article 22, para. 1 and 2), then decides that" "It decides on requests, if the procedure-formal reasons (§ 22 para 2) set is" replaced by the word order.

11. in article 5, paragraph 1, the phrase "Federal Minister for Foreign Affairs" is replaced by the phrase "Federal Minister for European and international affairs".

12. in the § 5 para 2, 7 and 83 No. 2 the phrase "Federal Minister for Foreign Affairs" is replaced by the phrase "Federal Minister for European and international affairs".

13. in article 8, paragraph 1, the phrase "with the possibility to obtain a residence permit, where this is provided for in this federal law" eliminates Z 5.

14. in article 8, paragraph 4, the phrase eliminates 'during the period referred to article 27, paragraph 1".

15 paragraph 8 section 5:


"(5) without prejudice to sections 32 and 33 the permission level of a residence permit arises from the part 2."

16 paragraph 9 together with the heading:

"Documentation of the right of residence under Community law



§ 9 (1) documentation of the community right of residence for more than three months to be issued at the request of:



1. a "registration certificate" (§ 53) for EEA citizens, who are more than three months in Austria, and 2. a "residence card for family members of an EEA citizen" (§ 54) for third-country nationals, the nationals of community resident EEA nationals are.

(2) for the documentation of the community for permanent of residence are issued at the request of:



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 family members of an EEA citizen and have acquired the right of permanent residence.

(3) holders of registration certificates (par. 1 Z 1) or certificates of permanent residence (para. 2 Z 1) "Photo ID for EEA nationals" with five-year validity period can be issued on request. The photo ID for EEA nationals who are considered identity documents, residence card and the permanent residence card. Form and content of the registration certificate, certificate of permanent residence, the photo ID for EEA nationals, the residence card and the permanent residence card sets by regulation. the Federal Minister of the Interior"

17 paragraph 10 together with the heading:

"Invalidity and relative of residence permits and documentation of the right of residence under Community law



10. (1) residence permits and documentation of the right of residence under Community law will invalidate against strangers a residence ban or expulsion is legally binding or enforceable. Such foreigners lose their right to stay. A residence permit or documentation of the right of residence under Community law revived by law, provided that within its original validity the prohibition of stay different resolves FPG or expulsion as according to section 65.

(2) residence permits will also invalidate the decision authority has determined that a third-country nationals, except holders of a residence permit "Long-term resident – EC" (article 45) and "Long-term resident - family member" (§ 48), not in Austria to keep stranded or is established.

(3) residence permits and documentation of the right of residence under Community law are irrelevant, if



1 stranger; granted a further stay or branch permission under this Federal Act with overlapping validity

2. the other Austrians, EEA nationals or Swiss citizens will be;

3. the alien granted a residence permit "Long-term resident – EC" of another Member State;

4. the foreigners in possession of a residence permit "Long-term resident – EC" or "Long-term resident - family member" and established six years is no longer in Austria;

5. the absence period of the strangers, which was issued a certificate of permanent residence or a permanent residence card, of the Federal territory is higher than two consecutive years;

6. the stranger was so far EEA nationals or Swiss citizens and third-country nationals is or the right of residence under Community law no longer comes to the stranger;

7. a case of § 8 para 4 or § 55 section 5 is.

(4) the invalidity, relative or the termination of the travel document of stranger of can be seen made residence is indicated in these travel documents. This purpose is authorized with each authority, a travel document on the occasion of an official act is a federal law; Citizenship authorities must do so.

(5) invalid, irrelevant, or deleted documents are to deliver to the authority. Any authority who leads an official act pursuant to a Federal Act, is authorized to collect to supplying documents; Citizenship authorities must do so. Similarly, the organs of public security are authorized to collect to supplying documents; they are to submit without delay the authority."

18 § 11 para 1 No. 3 is:



"3. against him an enforceable deportation was issued and not already eighteen months have passed since his departure if he has brought not a request in accordance with article 21, paragraph 1, after he has voluntarily complied with his obligation to leave;"

19. in the articles 11, paragraph 1 No. of 5 and 21 par. 6 is inserted each phrase "or subject to approval" "Visa-free" after the word.

20 paragraph 11 paragraph 5:

"(5) the stay of a stranger leads to any financial burden of a local authority (para. 2 No. 4), if the stranger has fixed and regular own revenues, which allow him a lifestyle without recourse to social assistance of authorities and comply with the requirements of § 293 of the General Social Insurance Act (ASVG), Federal Law Gazette No. 189/1955, height." Fixed and regular own income be reduced by regular expenses, people living in particular through rental charges and credit stresses, garnishments and maintenance payments to a third party not in the common household. Remains unique an amount up to the article 292, paragraph 3 second sentence ASVG prescribed limits ignore and leads to any increase in the necessary income within the meaning of the first sentence. "Proof of maintenance claims himself (§ 2 para 4 No. 3) or through a sponsorship declaration or liability (para. 2 Z 15 or 18), only is seizure-free existence minimum in accordance with section 291a of execution order (EO), RGBl. to calculate the performance of the debtor No. 79/1896, to take into account income portion."

21. in article 13 para 2 Z 1 is the parenthesis quote "(§§ 2 Abs. 5 und 12 Abs. 8 AuslBG und § 41)" through the parenthesis quote "(§§ 2 Abs. 5 und 12 Abs. 8 AuslBG sowie §§ 41 und 43 Abs. 1 Z 1)" replaced.

22. in article 14, paragraph 1 "in the long term or in the longer term" is the phrase the word sequence "in the Federal territory on-containing or" inserted.

23 the following paragraph 9 is added to § the 14:

"(9) the authority may on its own initiative or at the request of the Austrian integration fund by decision determine that despite existence of a certificate in accordance with paragraph 5 Z 2, 4 or 5 of third-country nationals the integration agreement due to lack of required knowledge according to para 2 subpara 2 in conjunction with § 16 para 1 No. 2 has not complied." Is the procedure at the request of the Austrian integration fund is introduced, he has this procedure party position."

24 § 18 para 2 No. 1 is:



"1. two representatives of the Federal Ministry of the Interior, as well as representatives of five of the Federal Minister of the Interior, using specific asylum, federal ministries entrusted migration and integration questions;"

25. in article 19, paragraph 1 is added after the word "Permit" the phrase "or on exhibition a documentation of the right of residence under Community law'.

26 in section 19 subsection 4, the phrase "the criminal data that are required to produce a residence permit" is replaced by the phrase "the necessary criminal data".

27 paragraph 19 paragraph 5:

(5) if at the submission of the initial determining the necessary criminal data due to lack of technical requirements was not already in submission with the consular representation authority, has to be carried out by the competent national authority. For renewal applications, the acceptance of criminal data required for each application is in any case by the competent national authority. If this is located in the interest of simplicity, practicality and economy, the Governor can regulation within its area of effect hire single or multiple district administrations to make the collection of this data also from non-local district administrations to leave; whose acts are attributable to the factual and local competent authority."

28. in article 19, paragraph 7, the phrase "and documentation of the right of residence under Community law' is inserted each after the word"Residence permit".

29 11 the following paragraph is added to article the 19:

"(11) the loss and the uselessness of a residence permit or documentation of the right of residence under Community law, as well as changes of the contents of a residence permit or documentation of the right of residence under Community law underlying identity data, the stranger of the authority has to sign without delay." At the request of the documents with the original duration and the original authorization amount are, if necessary with corrected identity data, again."

30. in article 20 para. 3 is after the phrase "are enforceable," the phrase "by way of derogation from section 24 also" added.


31 paragraph 20 paragraph 4 and 5:

"(4) a residence permit expires after para 3 when is the strangers more than twelve consecutive months outside the EEA area. Particularly worthy of consideration reasons, such as a fatal disease, fulfilling a social obligation, or the performance of one of the compulsory of military service or civilian service of comparable service, the stranger can stay outside the EEA territory for up to 24 months, if he previously gave it the authority. Is a legitimate interest of the stranger, has the authority to request to determine that the residence permit is not extinguished. Proof of stay in the EEA territory is the stranger.

(5) subsection 4 does not apply to holders of a residence permit "Long-term resident - family member" (§ 48), if



1. his spouse or parent of Austrians is, who is in a service relationship with a domestic authority and its posted abroad is, or 2 is his spouse or parent of Austrians, who is in a service relationship with a domestic Corporation of public law and its posted abroad is, as far as the Republic is the activity of this body from abroad in the interests and he has previously communicated the intended task of the subsidiary (§ 2 para. 2) to the authority. The existence of conditions according to Z 1 or 2 has to prove the stranger. The residence permit "Long-term resident - family member" is to extend also to task of the branch upon request."

32. in article 21, paragraph 2 Z 1 and § 47 para 1 is both the phrase "where the right to freedom of movement fails to" replaced by the phrase "not your situation or the attention to them on the basis of the freedom of movement agreement EC-Switzerland right of residence of more than three months have taken".

33. § 21 para 2 subpara 2 and 3 is:



"2. alien until at the latest six months after the end of its legal branch in the Federal territory, if they have; no permit or documentation needed for this establishment under this Federal Act

3. foreign no later than six months after loss of Austrian nationality, or the nationality of Switzerland or an EEA State;"

33A. the following sentence is added to § 21 paragraph 6:

"As it does not preclude the enacting and implementation fremdenpolizeilicher measures and can unfold no suspensive effect in alien police procedure."

34. paragraph 22, section 2:

"(2) corresponds to the request does not meet the requirement of § 19 para 1 or a form specified by Regulation pursuant to section 19 para 3 and type of submission, including the use of certain forms, or was TP 6 the entry fee pursuant to § 14 para 3 lit. "a GebG not paid, so the professional representative authority has the applicant to apply the repair of the defect with the effect that the procedure is set after fruitless expiry of a to be determined at the same time, reasonable period without further ADO."

35. the heading of article 23 is:

"Proceedings before domestic authorities"

36. paragraph 23 par. 1 and 2:

"(1) arises on the basis of the application or in the investigation, that the stranger needed a different residence permit or other documentation of the right of residence under Community law for its intended purpose, so he is about this fact to teach; § 13 para 3 AVG applies.

(2) would be the strangers, which is located in a foreign country, a residence permit grant, the authority has this the locally competent consular representation in order to issue a visa for single entry (§ 21 FPG in conjunction with § 24 para 3 FPG) to inform when the stranger needed this on the entry. The fact that determining the necessary criminal data due to lack of technical requirements not already took place in submission with the consular representation authority (section 19 para 5 first sentence) is not contrary to this communication. The release is irrelevant, if the visa applied for the stranger not within three months of the notification and of the professional representative authority informed about this fact. the procedures for the authorities is without setting another."

37. paragraph 24 section 4:

"(4) with a renewal application (para. 1) an application to change the purpose of the stay of the previously-held residence permits or on change of the residence permit can be up to the issuing of the first-instance ruling. The conditions for the requested purpose of other stay or residence permit are not met, is to discuss it separately with notice and the previous residence permit with the same purpose of stay to extend, as far as conditions continue to exist."

38. in article 25, paragraph 1, the phrase is replaced "Residence or the right of establishment" by the word "Permit".

39. paragraph 27 together with the heading:

"The right of establishment of family members with branch approvals



Have family members with a residence permit section 27 (1) an independent right of establishment. The conditions for family reunification is no longer exist, a residence permit is the family member to exhibit, whose stay purpose anyway, corresponds to the previous purpose, if obstacle grant in accordance with article 11, paragraph 1, and he meets the requirements for grant of section 11, paragraph 2.

(2) Z is the family member 3 to 6 despite existence of an obstacle such as grant pursuant to § 11 para 1 and despite the absence of a requirement in accordance with § 11 para. 2 a residence permit whose purpose in any case corresponds to the previous purpose to exhibit.



1. when the death of the spouse or the parent;

2. in divorce due to vast fault of the other spouse or 3 reasons particularly worthy of consideration.

(3) particularly worthy of consideration within the meaning of paragraph 2 No. 3 in particular reasons, if



1. the family is victim of a forced marriage (section 30a);

2. the family members became victims of violence and the sponsor a restraining order was issued against b or 382e EO according to §§ 382 or



3.



the loss of the residence permit of the sponsor was the result of an alien police action, which was set on the basis of the final condemnation of the sponsor for an intentional offence court.



(4) for the protection of those rights of family members has been known immediately, the circumstances according to para 1 to 3 of the authority at the latest within one month, to give. Section 24 para 2 shall apply mutatis mutandis."

40. the heading of section 28 is:

"Demotion and withdrawing a residence permit"

41. § 28 the following paragraph 5 is added:

"(5) residence permit are withdrawing, if the special requirements for grant of the 2 part no longer exist. A withdrawal may be waived if a case of section 27, paragraph 2 or 3 or an other residence permits to give is the stranger in a purpose amendment procedure (section 26). § 10 ABS. 3 is no. 1."

42 the following paragraph 4 is added to § the 29:

"(4) succeeds the stranger not, a claimed and to prove dubious minority to which he refers in a proceeding under this Federal Act, on the basis of the previously present findings of the investigation through safe certificates or other appropriate and equivalent Bescheinigungsmittel can the authority within the framework of a multifactorial study methodology the age of diagnosis (§ 2 ABS. 1 Z 25 AsylG 2005) also performing radiological examinations" , in particular X-ray examinations, map. Each method has to be made of possible interference with the lowest. The participation of a stranger at a radiological examination is not with coercive measures to enforce. Still reasonable doubt after the age of diagnosis, is to assume his minority for the benefit of strangers."

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

'(3) paragraphs 1 and 2 shall apply also for acquiring and maintaining a right of residence under Community law.'

44. According to article 30, the following article 30a together with heading shall be inserted:

"Forced marriage



section 30a. Was forced against their will to conclude a marriage, a person neither of the spouses can rely for the obtaining and retaining a residence permit or acquiring and maintaining a right of residence under Community law on this marriage. section 69a para 1 No. 3 shall apply.'

45. the section 35, paragraph 1 is added the following sentence:

"This is true also for the issue of a residence permit or permanent residence card."

46. paragraph 37 paragraph 4:


"(4) the authority in the performance of an official act has the reasonable grounds to believe, that is in relation to a certain stranger, a marriage of the stay or a stay at adoption under this federal law it has the competent aliens police authority of this suspicion to communicate. This communication inhibits the expiry of the period referred to in § 73 para 1 AVG until the receipt of a communication from the aliens police authority in accordance with article 110 FPG with the authority. The aliens police authority informs that no stay married or stay adoption exists, or the announcement of the aliens police authority within three months, the authority of the existence of a marriage or an adoption has to be unless it has justified, the Aliens Police Authority announces within this period of time that the surveys still not could be completed. In this case extends FPG the deadline for the notification pursuant to § 110 once by another two months."

47. the section 37 the following paragraph 6 is added:

"(6) the authorities under this federal law are empowered and obliged upon request, the authorities of the Federation, the States and municipalities, the offices of the public employment service and the sources of social security, to provide information, as long as they need the data to carry out the tasks conferred upon them by federal law, as well as to the enforcement of civil claims."

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

"(4) the Federal Minister for Home Affairs is empowered in certain cases on the reasoned request of a Member State of the European Union, in accordance with article 102, paragraph 1 Z 1 to 11 FPG processed data under the condition that reciprocity is granted to transmit this."

49. § 41 para 2 No. 1 is:



"back 1 due to a lack of form or lack of a condition referred to in articles 19 to 24 or dismiss is;"

50. the section 43 be added following paragraph 4 to 7:

"A quota-free can (4) third-country nationals in a procedure pursuant to article 24, paragraph 4 or § 26" settlement permit - unlimited "be granted if they"



1 of 1 part requirements and 2. at least two years has a residence permit in accordance with section 67 have.

(5) third-country nationals can a quota-free "settlement permit - unlimited" be granted, if they



1. the requirements of the 1st part and 2nd on a residence permit according to § 45 have and extinguished it pursuant to section 20 para 4 is.

(6) in the Federal territory of residing third-country nationals can request who to introduce is with the competent local authorities in Austria, a quota-free "settlement permit - unlimited" be granted, if they



1. the requirements of the 1st part and 2nd which meet the requirements of paragraph 2 No. 3 and 3 for at least five years permission to stay as a subsidiary protection authorized (§ 8 para 4 AsylG 2005) have.

"(7) in the Federal territory of residing third-country nationals is on request without further ADO" Niederlassungsbewilligung - unlimited "to grant, if there is a case of section 59 paragraph 2 StbG and a residence permit"Long-term resident – EC"or"Long-term resident - family member"(§§ 45 par. 7 or 48 para 4) is not to confer."

51. paragraph 44 paragraph 1:

"(1) third-country nationals with a"residence permit - key power"can a quota-free"Limited settlement permit –"be granted if they"



"1 of 1 part requirements and 2. in the last 18 months activity as a self-employed key power (§ 24 aliens) have exercised and they continue to be exercised or a permission is granted to the foreign nationals employment Act."

51A. section 44 para 4 is the final paragraph:



"While the level of integration of third-country nationals, in particular the ability of self preservation, the education, to take account of the employment and the knowledge of the German language, has the authority. Proof of one or more requirements of § 11 ABS. 2 Z 2 to 4 can also through submission of a sponsorship Declaration (§ 2 ABS. 1 Z 18) provided. With regard to the existence of the conditions pursuant to article 11 paragraph 2, Nos. 1 and 5 including fremdenpolizeilicher measures immediately has the authority a reasoned opinion by the competent aliens police authority to obtain parent Department of security. Until receipt of the opinion of the authority, the expiration of the period referred to in section 74 and article 73 AVG is inhibited. Another request (subsequent application) subsequent to an already valid completed application is inadmissible must be rejected if a significantly changed situation doesn't come out of the reasoned request argument."

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

"(5) applications referred to in paragraph 4 constitute no residence or right to remain under this Federal Act. Until a final decision of the authority on such a request the competent aliens police authority has however with the execution of the deportation be put to an expulsion to wait, when



1. a procedure for issuing a deportation was only initiated after a submission in accordance with paragraph 4 and 2. the granting of a "Settlement permit – limited" referred to in paragraph 4 is likely, for which the requirements of paragraph 4 to be Nos. 1 and 2 in any case have.

With regard to the existence of the prerequisites of the Z 2, the competent aliens police authority before carrying out the deportation has to obtain a reasoned opinion of the authority. Procedure referred to in paragraph 4 are considered, if the stranger left the Federal territory."

51 c. section 44 b paragraph 3 is:

"(3) claims referred to in articles 43, paragraph 2, and 44 constitute paragraph 3 no residence or right of residence under this Federal Act. Likewise, they do not preclude the enacting and implementation fremdenpolizeilicher measures and have no suspensive effect in alien police procedures. Procedure according to § 43 para. 2 and 44 para 3 shall apply about the cases of § 25 paragraph 2, as a set, if the stranger left the Federal territory."

52. According to article 45, paragraph 1, the following paragraph 1a is inserted:

"(1a) third-country nationals entitled to the establishment is the period of lawful residence in the Federal territory on the basis of a residence permit (§ 8 paragraph 1 Z 5) or a residence permit as a subsidiary protection authorized (§ 8 para 4 AsylG 2005), half on the five-year period referred to in paragraph 1 to be."

52A. in article 45, paragraph 5 the quote is "section 7 para 2 AsylG 2005" by the quote "§ 7 para 3 AsylG 2005" replaced.

53. the section 45 be added following paragraph 6 to 8:

"(6) is a case of section 43, paragraph 5, the five-year period referred to in paragraph 1 to 30 months will be reduced.

(7) in the Federal territory of residing third-country nationals, a residence permit "Long-term resident – EC" is granted if a case of section 59 paragraph 2 StbG and they were allowed in the past five years to the branch on request without further ADO.

(8) section 1 shall apply also for third-country nationals, which continuously came right of residence under Community law, an end to stay despite loss of this right of residence but is no was taken in the last five years."

54. in article 46, paragraph 3 is the parenthesis quote (§ 41) through the bracket quote "(§§ 41 und 43 Abs. 1 Z 1)" replaced.

55. According to article 46, paragraph 4, the following paragraph 4a is inserted:

"(4a) has been granted a residence permit pursuant to section 43 (4) sponsor and no case of paragraph 5 is 3 Z, a quota-free can the family members"Limited settlement permit –"be granted if they fulfil the conditions of the 1st part."

56. paragraph 46 paragraph 5:

"(5) family members of third-country nationals is a quota-free, if they continue to meet the requirements of the 1st part," settlement permit - unlimited "to give"



1. in the case of paragraph 3 after the expiration of 18 months from the establishment, if the sponsor according to § 43 para. 1 Z 1 the "Niederlassungsbewilligung - unlimited" has been granted;

2. in the cases of para 4 No. 3 lit. a, b, and d after the expiration of twelve months from the establishment;

3. If a residence permit pursuant to section 43 paragraph 4 has been granted sponsor and the family is legally up to size for twelve months with a residence permit in Germany."

57. in article 47, paragraph 5, the quote "§ 27 para 2 to 4" by the quote "section 27" will be replaced.

58. According to article 48, paragraph 1, the following paragraph 1a is inserted:

"(1a) third-country nationals entitled to the establishment is the period of lawful residence in the Federal territory on the basis of a residence permit (§ 8 paragraph 1 Z 5) or a residence permit as a subsidiary protection authorized (§ 8 para 4 AsylG 2005), half on the five-year period referred to in paragraph 1 to be."

59. the section 48 be added following paragraph 3 to 5:

"(3) a case of § 43 5 is the five-year period referred to in paragraph 1 to 30 months will be reduced.


(4) in the Federal territory of residing third-country nationals referred to in paragraph 1, a residence permit "Long-term resident - family member" is granted if a case of section 59 paragraph 2 StbG and they were allowed in the past five years to the branch on request without further ADO.

(5) paragraph 1 also applies to family members by sponsor within the meaning of § 47 para 1, which in the last five years continuously, the right of residence under Community law has come to, an end to stay despite loss of this right of residence but is there have been no."

60. the 4 main piece of the 2nd part together with heading is as follows:

"4. main piece

View residence

Proposing residence of EEA citizens for more than three months



51. (1) on the basis of the directive on free movement EEA citizens are entitled to stay for more than three months if they



1. in Austria are employed or self-employed persons;

2 sufficient resources and a comprehensive sickness insurance cover have for themselves and members of their families, so that they must take no welfare advantage during their stay, or training including a vocational training at a public school or a recognized private school or educational institution complete 3. as the main purpose of their stay and fulfil the conditions of no. 2.

(2) the acquisition of active property as an employed or self-employed person referred to in paragraph 1 Z 1 remains the EEA citizen who no longer practices this work that, if he



1 due to an illness or an accident is temporarily incapacitated for work;

2. as an employee duly confirmed involuntary unemployment after more than one year employment the competent regional Office of the labour market service provides;

3. are workers properly confirmed involuntary unemployment after his less than one year fixed-term employment contract or of involuntary unemployment occurring in the course of the first twelve months is the competent regional Office of the labour market service provided, preserving in this case the acquisition of property for at least six months, or 4 begins an apprenticeship, where maintaining the active property of the acquisition requires , that exists between this training and the previous occupational activity a connection, unless the person concerned has previously lost their jobs involuntarily.

(3) to maintain his right of EEA citizens has known these circumstances, as well as the Elimination of immediately, referred Z 1 to 3 conditions of the authority in paragraph 1 but no later than within one month, to give. The Federal Minister of the Interior is authorized to determine detailed rules for confirmation pursuant to para 2 subpara 2 and 3 with regulation.

Right of residence for family members of EEA nationals



EEA-citizens who are members of community resident EEA citizens (§ § 51 and 53a), entitled to stay for more than three months, is section 52 (1) on the basis of the directive on free movement when they



1. spouse are;

2. relative of the EEA citizen or his spouse in the direct descending line up to the age of 21 years and beyond are provided is actually granted by this maintenance

3. relative of the EEA citizen or his spouse in direct ascending line are provided that are actually granted by this maintenance.

Life partner are 4, which proves the existence of a durable relationship in the State of origin, or other nationals of the EEA citizen 5., a) which already keep actually purchased by the EEA-citizens in the State of origin, b) already have lived in the State of origin in domestic community with the EEA nationals, or c) where serious health grounds the personal care required make.

(2) the death of the sponsor EEA citizen, its not just temporary exit from the Federal territory or the divorce or annulment of marriage with him touch not the right of residence of his family members referred to in paragraph 1.

Registration certificate



53. (1) EEA citizens, which is to the right of residence under Community law (paragraphs 51 and 52), have, if they more than three months in the Federal territory stop viewing this within four months of the entry of the authority. If the conditions (paragraphs 51 or 52) issue a registration certificate by the authority at the request of.

(2) establishing the right of residence under Community law, a valid identity card or passport, as well as evidence to be presented are:



1. According to article 51, paragraph 1 Z 1: a confirmation of the employer or a certificate of independence;

2. According to article 51, paragraph 1 Z 2: wise post on sufficient resources and a comprehensive sickness insurance cover;

3. According to article 51, paragraph 1 Z 3: wise up on the admission to a school or educational institution and a comprehensive sickness insurance cover and a declaration or other evidence of sufficient means of subsistence;

4. According to article 52, paragraph 1 Z 1: a documentary evidence of the existence of the marriage;

5. According to § 52 para 1 Nos. 2 and 3: a documentary evidence regarding the existence of a family relationship, as well as in children from completing the 21st and relatives of EEA citizen or his spouse in direct ascending line a proof of the actual maintenance grant.

6. According to article 52, paragraph 1 Z 4: a proof of the existence of a durable relationship with the EEA-citizens in the State of origin;

7. According to article 52, paragraph 1 Z 5: a documentary evidence of a competent authority of the country of origin of the maintenance performance of the EEA citizen or of living in same household or proof of the serious health reasons which make essential personal care by the EEA citizen.

Certificate of permanent residence of EEA citizens



§ 53a. (1) EEA citizens, which is to the right of residence under Community law (paragraphs 51 and 52), acquire the right of permanent residence regardless of the further existence of the prerequisites pursuant to §§ 51 or 52 for five years lawful and continuous stay in the Federal territory. A certificate is them their request after checking the length of stay immediately to issue permanent stay.

(2) the continuity of residence in the country is not interrupted by



1. absences of up to six months in the year;

2. absences to fulfill military obligations or 3. through a unique absence of not more than twelve consecutive months for important reasons such as pregnancy and childbirth, serious illness, studies, vocational training or a professional posting.

(3) by way of derogation from paragraph 1 EEA citizens acquire no. 1 before the expiry of the five-year period the right of permanent residence, pursuant to § 51 para 1 if they



1. at the time of retirement from the labour force have reached the standard pension age, or workers that are end their employment under an early retirement scheme, provided that they have exercised this work in the Federal territory at least during the last twelve months and is at least three years continuously in the Federal territory stopped;

2. is at least two years without interruption in the Federal territory have stopped and abandon their employment as a result of a permanent disability, where the condition is not valid for duration of stay, happened incapacity for work by an accident at work or an occupational disease, on the basis of which there is entitlement to pension, the whole or in part be borne by an Austrian pension insurance institution goes, or 3 three years continuously in the Federal territory were economically active and up to size and are gainfully employed in another Member State of the European Union , resident in the Federal territory maintain and return at least once in the week there;

The periods of employment in another Member State of the European Union are for the acquisition of the right under the Nos. 1 and 2 periods of employment in the Federal territory. Times according to § 51 para 2 are taken into account in the calculation of deadlines. As far as the spouse of a EEA citizen has Austrian citizenship or marriage with the EEA national has lost this, the conditions of duration of stay and the duration of employment in Nos. 1 and 2 are eliminated.

(4) EEA citizens, that members of community resident EEA citizens pursuant to § 51 para 1 are no. 1, also acquire the right of permanent residence if he has acquired sponsor EEA citizens the right of permanent residence in accordance with paragraph 3 in advance or had acquired before his death, unless they already had their permanent residence in emergence of his permanent stay right at the EEA citizens.


(5) has died of EEA citizens pursuant to § 51 para 1 subpara 1 in the course of his working life, before he has acquired the right of permanent residence in accordance with paragraph 3, to acquire its nationals who are EEA citizens themselves and who had their permanent residence at the time of his death with him, the Daueraufenthaltsrecht, if



1 to the EEA-citizens at the time of his death continuously; stopped for at least two years in the Federal territory

2. the EEA citizens as a result of an accident at work or an occupational disease has died, or the surviving spouse the Austrian nationality has lost 3 after marriage with the EEA national.

Residence cards for members of an EEA citizen



54. (1) third-country nationals who are members of community resident EEA citizens (article 51) and who fulfil requirements referred to in no. 1 to 3 in article 52, paragraph 1 are entitled to stay for more than three months. A residence card for the duration of five years or for the planned shorter length of stay is to exhibit them on request. This application is four months from entry. § 1 section 2 does not apply to Z 1.

(2) establishing the right of residence under Community law, a valid identity card or passport must be submitted the registration certificate or the certificate of permanent residence of the sponsor EEA citizen and the following evidence:



1. According to article 52, paragraph 1 Z 1: a documentary evidence of the existence of the marriage;

2. According to § 52 para 1 Nos. 2 and 3: a documentary evidence of the existence of a family relationship, as well as in children over 21 years of age and relatives of EEA citizen or his spouse in direct ascending line a proof of the actual maintenance grant.

(3) the right of residence of nationals referred to in paragraph 1 persists despite death of a EEA citizen before the death of the EEA citizen stayed at least a year as its nationals in the country and prove that they meet the requirements of § 51 para 1 No. 1 to 2.

(4) the right of residence of minors of an EEA citizen community residents, who are third-country nationals, will be retained even after the death or not merely temporary moving of the EEA national to complete his schooling at a public school or a recognized private school. This also applies to the parent, who is non-EU nationals, unless this actually perceives the custody of the minor children.

(5) the right of residence of the spouses, the third-country nationals are preserved during divorce or annulment of the marriage, if they prove that they meet the conditions in force for EEA citizens of § 51 para 1 Nos. 1 and 2 and



1. the marriage until at least three years has passed at least a year in the Federal territory; to the introduction of judicial divorce or annulment proceedings,

2. transfer them the sole custody for the children of the EEA citizen;

3. it is necessary to avoid a particular hardness, in particular because the spouse because of the prejudice his legitimate interests a clinging to the marriage cannot be expected to, or 4. the right to personally spoken to them with the minor child, provided that the guardianship court to the conclusion is reached that - as long as it is deemed necessary - can be handled exclusively in the Federal territory.

(6) in order to preserve his right of residence of nationals has known these circumstances, in particular the death or departure of a EEA citizen sponsor, or divorce from this, immediately, the authority at the latest within one month, give.

(7) a stay at marriage or stay adoption (sect. 30), a forced marriage (section 30a) or a pretense of a lineage relationship or a family relationship to a community resident EEA citizen, an application referred to in paragraph 1 is to reject and to connect, that the applicant is not in the scope of the right of residence under Community law is the rejection stating.

Permanent residence cards



§ 54a. (1) third-country nationals, who are members of community resident EEA citizens and which requirements referred to in no. 1 to 3 in article 52, paragraph 1, acquire the right of permanent residence, if they five years continuously legally stayed in the Federal territory. § 53a para 2 is taken into account in the calculation of the five-year period.

(2) before the expiry of the five-year period, these nationals acquire the right of permanent residence in the § 53a para 4 and 5 above cases.

(3) a permanent residence card for a period of ten years is eligible for permanent residence in accordance with paragraphs 1 and 2 on application to the requirements of paragraphs 1 and 2 are to exhibit. This application is before the end of the period of validity of the residence card. § 1 section 2 does not apply to Z 1.

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



55. (1) is the right of residence pursuant to §§ 51, 52, 53 and 54 EEA nationals and their family members, as long as the stated conditions are met.

(2) the continued existence of the prerequisites can a message according to § 51 para 3 and 54 paragraph 6 or be checked for special reasons such as in particular knowledge of the authority of the death of the community resident EEA citizen or a divorce.

(3) the right of residence pursuant to §§ 51, 52 and 54 does not exist, because is a hazard for reasons of public order, security or public health, the proof is not provided according to § 53 para 2 or § 54 paragraph 2 or the criteria for this right of residence no longer exist, the authority has to inform the person concerned thereof in writing in and to tell him that it was referred to the competent aliens police authority with regard to a possible termination of the stay. The competent aliens police authority is immediately, at the latest however at the same time with the notice to the applicant, to deal. This does not apply in a case referred to in section 54, paragraph 7.

(4) If a stay of termination (§ 86 para. 2 FPG), the aliens police authority has communicated this to the authority. If the person concerned does not already have a valid documentation, the authority in this case has to make the documentation of the right of residence without delay or to grant the person concerned a residence permit, if this is provided for under the subject Federal Act.

(5) If a stay at completion of third-country nationals who are members, but no longer meet the requirements, a quota-free is this "settlement permit - unlimited" to grant.

(6) an end to stay in force, grows is a pending under this Federal Act proceedings to adjust. The procedure is to continue in the event of the annulment of the termination of a stay, if not again a residence-terminating measure is used.

Special cases of establishment of nationals of EEA nationals



Nos. 4 and 5 of EEA nationals in accordance with article 51 are section 56 (1) third-country nationals, the nationals within the meaning of § 52 para 1, a quota-free "settlement permit - dependant" may on request be granted if they fulfil the conditions of the 1st part. Without prejudice to its own himself, the sponsor EEA citizens in accordance with article 51 has to make anyway, also a liability statement.

(2) for the detection of this law, a valid identity card or passport are to present the registration certificate or the certificate of permanent residence of the sponsor EEA citizen and the following evidence:



1. According to article 52, paragraph 1 Z 4: proof of the existence of a durable relationship with the EEA-citizens in the State of origin;

2. According to article 52, paragraph 1 Z 5: a documentary evidence of a competent authority of the country of origin about the maintenance performance of the EEA citizen or of living in same household or proof of the serious health reasons which make essential personal care by the EEA citizen.

(3) according to para 1 can members "Limited settlement permit –" be granted if



1. you have satisfied the prerequisites of the 1st part, 2 there is a quota space and 3. a permission is granted to the foreign nationals employment Act.

Swiss citizens and nationals and nationals of Austrians




§ 57. The provisions of §§ 51 to 56 see also Swiss citizens who have been coming to them on the basis of the freedom of movement agreement EC-Switzerland right of residence of more than three months, and their relatives application. The provisions of sections 52 to 56 shall apply for nationals of Austrians mutatis mutandis, unless the Austrians of his situation or the attention it on the basis of the freedom of movement agreement EC-Switzerland right of residence of more than three months in another EEA Member State or Switzerland claim has taken and not just temporarily returns to Austria in the wake of this stay."

61. in section 58 Z 2 is after the word "Aliens Employment Act" the phrase "or a case of § 18 para 3 Z 2 aliens" inserted.

62. paragraph 63 para 1:

"(1) third-country nationals a permit for students may be issued, if they meet the requirements of the 1st part and"



1. ordinary public school student are;

2. ordinary students of a private school with public law are;

3. students of a school of statute public law according to § 14 para 2 lit. b of the private education Act, Federal Law Gazette No. are 244/1962,

4th students of a certified non-school educational institution (§ 70) or extraordinary students of a school are 5. after Z 1 or 2, insofar as it was the first time a stay permit.

A disclaimer is permitted."

63. in section 63, paragraph 3, the word order is after the phrase "Evidence of the success of the school" ", and in the cases of paragraph 1 Z 5 also on the admission as regular students" inserted.

64. paragraph 66 section 2:

"(2) the residence permit is limited to exhibit for more than a year and not renewable." The change of the purpose of the stay or the residence permit within the framework of a purpose amendment (section 26) or a procedure pursuant to § 24 para 4 is not allowed, except in the cases of § 47 para 2 of. Nor a residence permit for social service providers end in these proceedings (§ 24 para 4 and 26) be granted to holders of a residence permit with other purpose scope or a different residence permit."

65. in article 67, paragraph 1, the phrase "Third-country nationals a"residence permit - researchers", issued" by the phrase "Third-country nationals a"residence permit - researchers"with up to two years validity may be issued," will be replaced.

66. the heading of section 69 is:

"Family community"

67. § 69 para 1 first sentence reads:

"Family members of sponsor (§ 2 ABS. 1 Z 10), have the a residence permit, a secondary residence permit may be granted, if they meet the requirements of the 1st part."

68. § 69 para 1 subpara 1 is:



1. If the stay of aliens in the Federal territory pursuant to section 46a Z is 1 or 3 FPG for at least a year condoned and the conditions continue to exist, except as the stranger was by a domestic court of a felony or represents a danger to the public or the security of the Republic of Austria (section 17 of the Criminal Code) been convicted. "Convicted by a domestic court is just keep a conviction by a foreign court, the requirements of § 73 Strafgesetzbuch, BGBl. No. 60/1974, matches;"

69. in article 69, paragraph 1, 2 in Z be the word "or" at the end of the digit with a semicolon and no. 3 replaces the point "or" with the word and added following Z 4:



"(4. Wenn es sich a) is an unaccompanied minor (article 2, par. 1 Z 17) (is or b) can derive a right of residence pursuant to § 23 paragraph 4 to a minor and the minor on the basis of a court order, law or an agreement of the biological parents with the youth welfare institution for the protection of the child welfare not just temporarily in the care of foster parents or the youth welfare institution is." The foster parents apply in this case as a legal representative within the meaning of § 19."

69. in article 69, paragraph 2 the phrase is '§ 25 paragraph 2 shall apply mutatis mutandis."by the phrase"as they do not preclude the enacting and implementation fremdenpolizeilicher measures and have no suspensive effect in alien police procedures. Article 25, paragraph 2 shall apply mutatis mutandis. Furthermore valid procedures referred to in paragraph 1, if the stranger left the Federal territory"replaced.

70 the following paragraph 6 is added to the § 69a:

"(6) a permit referred to in paragraph 1 is Z 4 free of charge to give."

71. paragraph 77:

"77 (1) who"



1. a change of the purpose of the stay during the validity of the residence permit of the authority without undue delay Announces (§ 25 para 1) or acts of sets, which are not covered by the scope of the purpose (§ 8 paragraph 5);

2. an invalid, gegenstandsloses or extinct document not in the authority is off;

3 is required to meet the integration agreement and are the proof of five years following the granting of the residence permit under this Federal Act for reasons attributable to only him, fails, unless he was awarded a deferral in accordance with § 14 para 8.

4. not in time requested registration certificate, a residence card or a permanent residence card under sections 53, 54 and 54a or its reporting obligations in accordance with § 5 para of 11, 51 para of 3 or 54 paragraph 6 failed to timely comply with § 19,.



commits an administrative offence and is with fine of 50 euros to 250 euros, in case their recovery with imprisonment up to a week, to punish.



(2) a person who



1. the reporting duties pursuant to section 70 para 4 or § 71 paragraph 4 does not fulfil;

2. sponsorship declaration or liability (§ 2 ABS. 1 Z 15 or 18) is off, although he knows or should know, that its performance for the application of the eligible costs is not sufficient, and he can therefore his obligation from the sponsorship declaration or liability cannot meet, or fail to.

3. during an upright sponsorship declaration or liability (§ 2 ABS. 1 Z 15 or 18) actions will, of which he knows or should know, that they lead to the loss of his performance;

4. certificates within the meaning of § 14 para 5 Z 2 or 5 in conjunction with paragraph 6 issues, although the certification was revoked (article 16 par. 5).

5. certificates within the meaning of § 14 para 5 Z 2 or 5 with conjunction with para 6 issues, even though he knows, or should know, that the third-country nationals do not have the necessary knowledge or 6 completes a hosting agreement (§ 68), without established in individual cases the qualifications required of researchers sufficient to have commits an administrative offence and is a fine of EUR 1 000 to 5 000 euro , to punish with imprisonment up to three weeks, in the case of their recovery.

"(3) a person who has committed an act referred to in paragraph 2, even though he was already once been punished for such an Act, is a fine of 5 000 euros up to EUR 15 000 or to punish with imprisonment up to six weeks."

72. paragraph 81 paragraph 7:

'(7) documentation, which I no. 122/2009 issued before entry into force of the Federal Act Federal Law Gazette, shall apply without prejudice to the designation in this respect further when they were issued I no. 122/2009 under the Federal Act Federal Law Gazette. § 54a applies in these cases with the proviso that the application is bound to any deadline. Article 77, paragraph 1 Z 4 on these cases not apply."

73. the section 81 is added following paragraph 13 to 15:

"(13) § 77 of this Act in the version of Federal Law Gazette I no. 38/2009 applies to offences committed prior to January 1, 2010, next.

(14) a residence permit before entry into force of the Federal Act Federal Law Gazette I no. 122/2009 issued, is section 11 paragraph 5 in the version of Federal Law Gazette. I no. 122/2009 to immediately follow-up process pursuant to sections 24 or 26 shall apply, that rental charges not belittle own fixed and regular income. On the occasion of the handing over of the permit in such a process, the stranger about the current legal situation is regarding to instruct the requirements of § 11 5.

(15) all after entry into force of the Federal Law Gazette I no. 122 / 2009 proceedings pursuant to §§ 44, par. 4 and 69a are according to the provisions of the Federal Act Federal Law Gazette I no. 122/2009 to end."

74. the article 82 12 the following paragraph is added:


"(12) §§ 1, par. 1 and par. 2 Z 1, 2 para 1 Nos. 6, 9, 14, 15, 18 to 20, para. 6 and 7, § 3 para 3, 5 para 1 and 2, 7, 8 par. 1 Z 5 and para. 4 and 5, 9 together with heading, 10 including heading, 11 para 1 Nos. 3 and 5 and para of 5, 13 2 Z 1" , 14 para 1 and 9, 18 2 Z 1, 19 para 1, 4, 5, 7 and 11, 20 para 3 to 5, 21 2 Z 1-3 and subsection of 6, 22 2, the heading of article 23, § 23 para 1 and 2, 24 ABS. 4, 25 para 1, 27 and heading, the heading of § 28, §§ 28, paragraph 5 , 29 para of 4, 30 para 3, 30a together with heading, 35 par. of 1, 37 para 4 and 6, 38 para of 4, 41 para 2 Nos. 1, 43 para 4 through 7, 44 para 1, 4 and 5, §§ 44 b para of 3, 45 par. 1a and paragraph 6 to 8, 46 paragraph 3, 4a and 5, 47 para 1 and 5, 48 par. 1a and paragraph 3 to 5 ", the title of the 4th main piece, paragraphs 51 to 57 velvet 58 Z 2, 63 para 1 and 3, 66 par. of 2, 67 paragraph 1, headings, the heading of § 69, § 69 para 1, 69a para 1 Nos. 1 to 4 and para 2 and 6, 77, 81 paragraph 7 and 13 to 15, 83 No. 2, as well as the table of contents in the version of Federal Law Gazette I no. 122 / 2009 enter into force 1 January 2010."

75. the table of contents is amended as follows:

(a) the headings of articles 9 and 10 are:





㤠9.





Documentation of the right of residence under Community law







§ 10.





Invalidity and relative of residence permits and documentation of the right of residence under Community law"





(b) the heading of section 23 is:



"article 23.





Proceedings before domestic authorities"




(c) the headings of sections 27 and 28 are:





"§ 27.





Right of establishment of family members with branch approvals







section 28.





Demotion and withdrawing a residence permit"





(d) according to § 30, section 30a is inserted:



"section 30a.





Forced marriage"




(e) the name of the 4 main piece of the 2nd part and the paragraphs 51 to 57 are:





"4. showpiece: proposing right of residence"







§ 51.





Proposing residence of EEA citizens for more than three

Months







§ 52.





Right of residence for family members of EEA nationals







section 53.





Registration certificate







§ 53a.





Certificate of permanent residence of EEA citizens







§ 54.





Residence cards for members of an EEA citizen







§ 54a.





Permanent residence cards







Article 55.





Non-existence, survival, and verification of the right of residence for more than

three months







Article 56.





Special cases of establishment of nationals of EEA nationals







§ 57.





Swiss citizens and their family members and relatives of Austrians"





(f) the heading of section 69 is:



"§ 69.





Family community"




Article 6

Amendment of the Citizenship Act of 1985

Citizenship follows the Law 1985 (StbG), BGBl. No. 311, amended by the Federal Act Federal Law Gazette I no. 4/2008, in the version of the by-laws Federal Law Gazette I is no. 108/2008, as amended:

1. paragraph 5:

"Section 5 (1) fails the stranger's, a claimed and to prove dubious minority to which he refers in a proceeding under this Federal Act, on the basis of the previously present findings of the investigation through safe certificates or other appropriate and equivalent Bescheinigungsmittel can the authority within the framework of a multifactorial study methodology the age of diagnosis (§ 2 ABS. 1 Z 25 AsylG 2005) also carrying out of radiological examinations" , in particular X-ray examinations, map. Each method has to be made of possible interference with the lowest. The participation of a stranger at a radiological examination is not with coercive measures to enforce. After the age of diagnosis still reasonable doubt, is to assume his minority for the benefit of strangers.

(2) manages a stranger not a claimed relationship to which he refers in proceedings under this Federal Act, to prove safe certificates or other appropriate and equivalent Bescheinigungsmittel, has him carrying out of a DNA analysis to the authority upon his request and at his expense. The stranger is to teach about this possibility. The lack of desire of strangers on carrying out of a DNA analysis is not the stranger's refusal to contribute to the clarification of the facts of the case. Only the information about the family relationship may be processed in the proceeding; possibly also detailed data is to delete.

(3) failing's the stranger, his identity, to which he refers in a process under this Federal Act, to demonstrate safe certificates or other appropriate and equivalent Bescheinigungsmittel, so the authority can order the acceptance of Papillar line prints of the finger. The refusal of strangers, to participate in the loss, is to be considered by the authority in the context of the assessment of the evidence."

2. in article 6 accounts for the Nos. 3 and 4 and is in Z 5 of the parenthetical expression (§ 58c) through the bracket expression "(§§ 58c und 59 Abs. 1)" replaced.

3. paragraph 9:

„§ 9. "The stay of foreigners as bearers of privileges and immunities (§ 95 FPG), does not apply as a branch within the meaning of this Federal Act."

4. paragraph 10 section 5:

"(5) livelihoods (para 1 No. 7) lifestyle without recourse to social assistance authorities allow and the height if detected fixed and regular own income from acquisition, income, statutory maintenance payments or insurance benefits at the time of the decision in the average of the last three years, which gives it is then sufficiently secured, according to the average of the rates of the § 293 of the General Social Insurance Act (ASVG), Federal Law Gazette No. 189/1955" , the last three years. Fixed and regular own income be reduced by regular expenses, people living in particular through rental charges, credit strains, garnishments and maintenance payments to a third party not in the common household. Remains unique ASVG an amount up to the in article 292, par. 3 fixed height into account and leads to any increase in the necessary income within the meaning of the first sentence. "Proof of maintenance claims himself only the is to calculate the performance of the debtor the seizure-free existence minimum in accordance with section 291a of execution order (EO), RGBl. No. 79/1896, to take into account income portion."

5. § 10 para 2 No. 1 is:



"1. cases of § 10 para 4 and 6, 11a para 2, 13, 58 c and 59;"

6. after Article 10a, paragraph 4, the following paragraph 4a is inserted:

"(4a) the evidence referred to in paragraph 1 Z 2 is regarded as provided when the stranger a graduation in the teaching subject"History and social studies"at least at the level of the curriculum of middle schools for the teaching subject"History and social studies"in the 4th grade in accordance with Appendix 1 to Federal Law Gazette II No. 134/2000, as last amended by BGBl. II Nr 290/2008, proves."

7. in Article 10a paragraph 5 is to the phrase "as far as this not according to paragraph 3" inserted the phrase "or 4a".

8. in paragraph 11, the phrase "on the basic values" is replaced by the phrase "the commitment to the basic values".

9 § 11a paragraph 1 No. 2 is:



"2. the marital life-partnership of the spouses is not lifted and" 10 § 11a paragraph 2 is:

"(2) paragraph 1 also applies to foreigners staying in the country, if"



1. his spouse is a citizen, who is in a service relationship with a domestic authority and whose place of employment abroad, 2. his spouse is a citizen, who is in a service relationship with a domestic Corporation of public law and is whose place of employment abroad, insofar as the activity of this body from abroad in the interests of the Republic, or 3.

the spouse the citizenship award according to § 10 par. 4 Z 2 or by declaration in accordance with § 58 c has acquired and the stranger had his principal residence prior to May 9, 1945 in Germany and has come to pass at that time together with his later spouse abroad. § 10 section 3 does not apply in this case."

11 paragraph 12 Z 3:



"3. the citizenship according to § 17 by extension which only therefore not can purchase award, because of this authoritative parent (parent of choice) is already a citizen and the requirements according to § 16 para 1 No. 2 are available. The requirement of establishment according to § 16 para 1 No. 2 lit. a is clear when the relevant parent (parent of choice) demonstrably has his centre of vital interests and his constant and lawful residence for at least 12 months in a foreign country."

12. in article 17, paragraph 4, the phrase is after the quote "§ 10 ABS. 3" "and § 16 para 1 No. 2" added.

13 paragraph 19:

"Requests for ceremony and extension of the awarding of citizenship are section 19 (1) personally to the authority. As far as the applicant is not able to act, has the request of his legal representative to bring up.

(2) the stranger has to participate in the procedure and to provide all necessary documentation and evidence, as well as a photograph of the authority. The Federal Minister of the Interior is authorized to determine by Ordinance what documents and evidence anyway, are to be submitted. This regulation may contain also form and type of submission, including certain, limited-to-use application forms."

14. in article 21 "could be detrimental" is appended after the phrase the word sequence "and plead to the fundamental values of European democratic State and society".

15 § 25 together with heading is eliminated.

16 paragraph 39a:

"article 39a. (1) the authorities under this federal law may only use personally identifiable data and save insofar as this is necessary for the fulfilment of the tasks assigned to them.

(2) authorities according to this federal law and consular representation authorities are empowered, foreigners who apply for Austrian citizenship, to treat them in accordance with article 5, para. 3.

(3) §§ 64 para 1 to 5, 65 para. 4 and 5, first sentence, and section 73, paragraph 7, of the Security Police Act (SPG), Federal Law Gazette No. 566/1991, apply.

(4) the authority has a stranger, she has to undergo a criminal treatment, informally this urge, notifying them of the relevant reason. The person concerned does not fulfil the request, he is writing with reference to the consequences of a lack of participation, to urge once again to carry out of the criminal treatment.

(5) the federal authorities, the countries and communities, the offices of the public employment service, as well as the carriers of social security, that legally have data, are authorized and obliged to provide this information to the citizenship Agency, unless they are needed for a procedure to grant or the loss of citizenship upon request. A denial of the information is not allowed. The data are immediately to delete when they are no longer needed for the fulfillment of the specific purpose.

(6) the authorities are required to provide personal information to the Federal Minister of the Interior in the specific case upon reasoned request, insofar as these are necessary for carrying out the tasks conferred upon it under this Federal Act.

(7) criminal data (§ 5 ABS. 3) are institutionally to delete, if



1. the death of the person concerned is known, or 2 since the awarding of citizenship six years have passed."

16A. in article 42, paragraph 1, the quote "articles 25, paragraph 3, 38 and 58 c" by the quote "sections 38 and 58 c" will be replaced.

16B. In article 46, paragraph 1, the quote is "article 23, paragraph 1, article 25, para. 3, § 28 section 5, article 30, paragraph 1, article 38, para. 3, § 44 and section 58c para 2" by the quote "§ 23 para 1, 28 par. of 5, 30 paragraph 1, 38, paragraph 3, 44 and 58 c para 2" replaced.

17 paragraph 59:

"59. (1) a stranger indicating in writing of the authority, referring to the Federal law, citizen virtue of parentage pursuant to § 7 or Article 7a only supposedly to have been, because a finding of paternity in accordance with § 163 subsequently revealed ABGB, that a case of § 7 or § 7a was not available, acquires the nationality retroactively with the day of birth (§ 7) or the date of legitimation (§ 7a)." This has the authority with notice to determine.

(2) a case of para 1 does not exist if the cheating of citizenship was intended. It is about administrative decision to deny.

(3) up to the legal force of a decision in accordance with paragraph 1 or 2 of the stay of the foreigner is considered lawful establishment (article 31, paragraph 1 Z 2 FPG). A case of para 2 is present, the §§ 43 paragraph 7, shall apply to NAG 45 para 7 and 48 para 4.

(4) an indication referred to in paragraph 1 can be used also during the locally competent consular authorities abroad (§ 41 para 2). It has to forward the ad to the competent authority.

Documents required at (5) display in accordance with paragraph 1, decisions pursuant to paragraph 2, and in the process, in particular certificates, civil status documents and translations, are free of charge."

18. after section 63, b is inserted the following section 63 c together with the heading:

"Administrative offences



§ 63c. (1) a person who makes knowingly false information in proceedings to acquire of citizenship or in a procedure for the issue of certificates or other documents before the competent authority, to gain citizenship or the exhibition of a confirmation or any other document in matters of citizenship, commits an administrative offence and is a fine of EUR 1 000 to 5 000 euros , to punish with imprisonment up to three weeks, in the case of their recovery. Who commits this Act, although he was already once been punished for such an Act, is a fine of 5 000 euros up to 15 000 euros or to punish with imprisonment up to six weeks. The attempt is punishable.

(2) a person who according to § 45 or a disposition according to § 63 para 2 pays no result a prompt or does not fulfil the obligations incumbent upon article 56, commits an administrative offence and is up to 250 euro, in the case of their recovery with imprisonment with a fine of 50 euros up to a week, to punish. This does not apply to organs of the domestic authorities."

19 § 64 including the heading is as follows:

"Unlawful use of social services



section 64. Who is citing one in accordance with section 63c para 1 fraudulently obtained citizenship, confirmation or certificate social services, in particular a sickness, accident or pension insurance or services from the title of social assistance, has used is by the Court to imprisonment up to one year or to punish with fines of up to 360 daily rates. Who took social services, the value of which exceeds €3 000, is to punish up to three years imprisonment by the Court."

20. the section 64a be added following paragraph 7 to 9:

"(7) articles 5, 6 Z 5, 9, 10 para 5, 10a 2 Z 1, paragraph 4a and 5, §§ 11, 11a para 1 subpara 2 and par. 2, 12 Z 3, 17 para 4, 19, 21, 39a, 46 paragraph of 1, 59, 63 c together with heading, 64 including the heading, 64a para 8 and 9 as well as 66 No. 1 lit." I will take no. 122/2009 c in the version of Federal Law Gazette 1 January 2010 effect. Contact the §§ 6 expiry of December 31, 2009 except for force Z 3 and 4, as well as 25 together with heading.

(8) section 64 of this Act in the version of Federal Law Gazette I no. 4/2008 applies to offences committed prior to January 1, 2010, read more.

(9) proceed on the basis of one before the entry into force of the Federal Act Federal Law Gazette I no. are 122/2009 of issued assurance notification according to § 20 paragraph 1 be amended to end according to the provisions of this Federal Act on December 31, 2009."

21 § 66 subpara 1 lit. c is as follows:



"c) § 39a para 2, 41 para of 2, 53 No. 4 and § 58 c (3) the Federal Minister for European and international affairs in agreement with the Federal Minister of the Interior;"

Article 7

Amendment of the repayment Act 1972

The eradication Act 1972, BGBl. No. 68, last amended by Federal Law Gazette I no. 75/2009, is amended as follows:

1 § 6 para 1 No. 7 is:



"7. the passport authorities, the citizenship authorities, the aliens police authorities, the Federal Asylum Office, the asylum Court and the authorities dealing with the issue, refusal and revocation of residence permits to carry out procedures according to the Passport Act 1992, the Citizenship Act of 1985, the 2005 Aliens Police Act, the asylum Act 2005 and the establishment and residence Act."



2 1i the following paragraph shall be inserted in article 9:

"(1i) § 6 para 1 No. 7 as amended by Federal Law Gazette I no. 122/2009 effective with January 1, 2010." ´

Fischer


Faymann

Related Laws

2004 Aliens Act