Employment of foreigners in Austria
Shared by: fpk13484
Beratungszentrum für Migranten und Migrantinnen Arbeitsmarktpolitische Betreuungseinrichtung AuslBG englisch 1 / 09 Employment of foreigners in Austria The employment of foreigners in Austria is regulated under the Employment of Foreign Nationals Act. In principle an employer may only employ a foreigner if he/she has been granted an employment permit by the Employment Service or if the foreigner holds an appropriate right under the Employment of Foreign Nationals Act (e.g. work permit, exemption certificate, confirmation of free movement etc.) or the Settlement and Residence Act (e.g. proof of settlement, “long–term resident´s EC residence permit” etc.). Who is excluded from the Employment of Foreign Nationals Act and does not require a special work permit? • Spouses and children³ (including adopted children and stepchildren) of Austrians, if they are entitled to settle in Austria. • EEA citizens1 / Swiss citizens and their family members2 enjoying freedom of movement, if they are entitled to settle in Austria under the Settlement and Residence Act. • Persons who were granted the status of being eligible to asylum (convention refugee) or who hold the status of being eligible to subsidiary protection. • Persons due to their occupation as scientists and researchers or as special executives as well as their spouses and children³. • Other special occupational groups (e.g. diplomats, spiritual advisers of acknowledged religious communities, correspondents of foreign media, etc.) • Certain occupations requiring full compulsory social insurance (e.g. nurses in private homes, distributors of advertising material and deliverers of daily newspapers or periodical publications), if they are performed by citizens of the new EU states. 1. Currently, citizens of the new EU countries (with the exception of Malta and Cyprus) do not yet enjoy free access to the Austrian labour market, unless they are relatives of EEA citizens / Swiss citizens or Austrian nationals (see above). 2. Family members of EEA citizens (who are entitled to freedom of movement) are spouses, legitimate or illegitimate children (including stepchildren and adopted children) unless they have not yet reached the age of 21 or if they are still provided maintenance as well as parents and parents-in-law as long as they are provided maintenance. 3. In general, the age limit for these children is the completion of the 18th year. In the event of freedom of movement the age limit is 21 years or more, if they are provided maintenance. Who does according to the settlement and residence act (NAG) have unrestricted access to the labour market and does not require an additional permit or authorization? Foreigners who possess • Proof of settlement • a “settlement permit – unrestricted” or • a residence title “long term resident´s EC“ are entitled to an employment within the entire federal territory and do not need an additional permit according to the Employment of Foreign Nationals Act. Proof of settlement (Niederlassungsnachweis) The proof of settlement is a right to reside for an unlimited period of time which has been issued from the immigration office (MA 35) by December 31st 2005 and continues to be valid. Residence title “long term resident´s EC” (Daueraufenthalt-EG) The residence title “long term resident´s EC” is an unlimited right to reside which is granted beginning with January 1st 2006. The “long term resident´s EC” may be granted if one has settled in Austria without interruption during the past five years and if the Integration Agreement has been complied with. “Settlement permit – unrestricted” (Niederlassungsbewilligung – unbeschränkt) The “settlement permit – unrestricted” is a limited right to reside and is granted for a year each. Among other persons spouses and children are entitled to this right of a settlement permit if they have legally settled in Austria for already 12 months and if their reunifying person either possesses the entitlement “long term resident´s EC”, a proof of settlement or a “settlement permit – unrestrict” or is entitled to asylum (recognised refugee). Key workers receive this settlement permit only after a period of 18 months. Under certain preconditions even other persons have the possibility to obtain this settlement permit. Who may obtain an exemption certificate (Befreiungsschein) ? (validity period 5 years, employment is possible throughout Austria) Preconditions: Legal settlement in Austria AND 1. 5 years of legal employment during the past 8 years OR 2. Completion of the last full school year prior to the end of compulsory education in Austria, if at least one settled parent has been employed for at least 3 years during the past 5 years (In the event of death the 3-year occupation is not necessary) OR 3. Nationals of third countries who were among others up to now excluded from the Employment of Foreign Nationals Act as family members of an Austrian or EEA citizen and who have lost their capacity as family members for various reasons (e.g. divorce, majority, falling away of subsistence etc.) OR 4. Spouses or unmarried, minor children of a person who is entitled to an exemption certificate if they have been settled for at least twelve months. Exemption certificates are renewed if the foreigner is settled and may prove 2½ years of employment during the past 5 years or if he/she continues to fulfil the above mentioned preconditions. Who may obtain a work permit (Arbeitserlaubnis)? (validity period 2 years, employment only possible in a certain federal state) Preconditions: Legal settlement in Austria AND 1. 12 months of legal employment during the past 14 months OR 2. Spouse or unmarried, minor children of a person entitled to a work permit who have been settled for at least twelve months. Work permits are renewed if the foreigner is settled and may prove 18 months of employment during the past 24 months or if he/she continues to fulfil the above mentioned preconditions. For whom may an employer obtain an employment permit (Beschäftigungsbewilligung) from the Employment Service (AMS)? (validity period maximum 1 year, employment only possible for a certain company/workplace) If an application for employment permit is filed for a foreigner at the Employment Office (AMS), it has to be examined whether the job vacancy which is to be occupied might be occupied by another suitable unemployed (especially the recipients of unemployment benefit). This labour market examination does not apply for spouses or unmarried minor children of a foreigner who is employed with an employment permit, if they have been legally established for at least twelve months. (In case of family members of key personnel there is no waiting period either) Due to the present situation on the labour market, the following persons have better chances of being granted an employment permit: • spouses and minor, unmarried children of foreigners who are legally established and employed on a long-term basis; • foreigners who are integrated in an advanced way; • female foreigners who are affected by violence in the family, if certain preconditions are at hand; • legally settled foreign teenagers (who do not yet possess another permit); • skilled workers from the new EU states for employment in the health care and nursing sector or for occupations listed in the exceeding regulations for skilled workers (Fachkräfteüberziehungsverordnung); • within the context of a contingency for foreigners who are employed for a short time; • key workers (see below in detail) The employment permit is extended if the employer has filed an application for extension in due time and if the foreigner continues to possess a corresponding residence title or enjoys freedom of settlement. This permit is bound to a workplace and ceases to be valid if the employment does no longer exist. Who may obtain a settlement permit as a key worker (Schlüsselkraft)? In a joint proceedings between the competent immigration office (in Vienna: Municipal Department for Immigration and Citizenship, Registry Office, MA 35) and the Employment Service (AMS) it is examined whether a settlement permit as a key worker may be granted. However, one precondition is that a specific workplace is available. The settlement permit as a key worker is at the same time regarded as an employment permit. Key workers should possess a special training or special skills which are in particular demand on the labour market. The monthly gross salary has to amount to at least € 2.412,-- (2009). Moreover further conditions (e.g. quota place) have to be fulfilled. The “Settlement permit - key worker” is at first granted for 18 months. If they have been employed as a key worker during this period for in total 12 months, they will receive a “settlement permit – unrestricted” and have therefore unrestricted access to the labour market in Austria. Students who have finished their studies or training in Austria, may without regard to quota turn their residence permit into a “settlement permit – key worker” if the preconditions for a key worker are fulfilled. Contingencies for foreigners that are employed for a short time In order to meet a temporary, additional demand in manpower, the Federal Ministry of Economics and Labour may permit the short-term employment of foreign workers in certain economic sectors by means of an ordinance. At present the permits (quota permits) within the scope of these contingencies (tourism, agriculture and forestry) can be granted for a maximum of 6 months. In this context foreigners who already hold a residence permit or enjoy freedom of settlement are preferred. If the person applied for comes from the new EU states and has been employed in this quota for the 3 previous years, a quota permit in agriculture and forestry of a maximum of 9 months can be granted in any case. To students and pupils this permit can only be granted for a maximum of 3 months per calendar year. Quota permits for harvesters are only granted for a maximum of 6 weeks. Persons who are not entitled to stay in Austria need a visa of residence and entry (visa D+C), if a visa is obligatory for them. They may apply for this entry permit using a confirmation of guaranteed work (Sicherungsbescheinigung), which is issued by the Employment Service to an employer, at Austrian representative authorities abroad. Persons who are allowed to enter Austria without a visa only require a no-objection certificate (Unbedenklichkeitsbescheinigung) from the aliens’ police authorities. ATTENTION !!! Since the provisions at hand have been presented in a very abridged version, we kindly ask you to contact the Employment service (AMS) or us – counselling centre for migrants – in order to obtain more detailed information. We refer to the fact that in spite of careful examination mistakes can happen therefore no guarantee for details contained in this information can be assumed. You will also find further information on this topic in the following information sheets which contain possibly more favourable provisions: * Association agreement between the EU and Turkey * EU-expansion – access to the Austrian labour market Männer und Frauen: Frauen: 1010 Wien, Hoher Markt 8/4/2 1010 Wien, Marc Aurel Straße 2a/6/2/10 Tel: 712 56 04 Tel: 982 33 08 http://www.migrant.at E-Mail: email@example.com http://www.migrant.at E-Mail: firstname.lastname@example.org Diese Publikation wird aus Mitteln des Arbeitsmarktservice (und des Europäischen Sozialfonds) sowie der Magistratsabteilung 17 gefördert.