To Be A Foreigner In Austria


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To Be A Foreigner In Austria

  1. 1. How to be a foreigner in Austria By Sepp Ginner
  2. 9. International Law <ul><li>United Nations: On 10 December 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights </li></ul><ul><li>Article 1. </li></ul><ul><li>All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. </li></ul><ul><li>Article 2. </li></ul><ul><li>Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. </li></ul><ul><li>Article 3. </li></ul><ul><li>Everyone has the right to life, liberty and security of person. </li></ul><ul><li>Article 4. </li></ul><ul><li>No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. </li></ul><ul><li>Article 5. </li></ul><ul><li>No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. </li></ul><ul><li>Article 6. </li></ul><ul><li>Everyone has the right to recognition everywhere as a person before the law. </li></ul><ul><li>Article 7. </li></ul><ul><li>All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. </li></ul>
  3. 10. Convention relating to the Status of Refugees (Geneva 1951) and New York Protocol 1967 <ul><li>The Convention Refugee Definition </li></ul><ul><li>Article 1A, paragraph 1, of the 1951 Convention applies the term “refugee”, first, to any person considered a refugee under earlier international arrangements. Article 1A, paragraph 2, read now together with the 1967 Protocol and without the time limit, then offers a general definition of the refugee as including any person who is outside their country of origin and unable or unwilling to return there or to avail themselves of its protection, on account of a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular group, or political opinion. Stateless persons may also be refugees in this sense, where country of origin (citizenship) is understood as “country of former habitual residence”. Those who possess more than one nationality will only be considered as refugees within the Convention if such other nationality or nationalities are ineffective (that is, do not provide protection). </li></ul><ul><li>The refugee must be “outside” his or her country of origin, and the fact of having fled, of having crossed an international frontier, is an intrinsic part of the quality of refugee, understood in its ordinary sense. However, it is not necessary to have fled by reason of fear of persecution, or even actually to have been persecuted. The fear of persecution looks to the future, and can also emerge during an individual’s absence from their home country, for example, as a result of intervening political change. </li></ul>
  4. 11. <ul><li>Article 2. General obligations </li></ul><ul><li>Every refugee has duties to the country in which he finds himself, which require in particular that he conform to its laws and regulations as well as to measures taken for the maintenance of public order. </li></ul><ul><li>Article 3. Non-discrimination </li></ul><ul><li>The Contracting States shall apply the provisions of this Convention to refugees without discrimination as to race, religion or country of origin. </li></ul><ul><li>Article 4. Religion </li></ul><ul><li>The Contracting States shall accord to refugees within their territories treatment at least as favourable as that accorded to their nationals with respect to freedom to practise their religion and freedom as regards the religious education of their children. </li></ul>
  5. 12. European Law <ul><li>CHARTER OF FUNDAMENTAL RIGHTS </li></ul><ul><li>OF THE EUROPEAN UNION </li></ul><ul><li>CHAPTER I - DIGNITY </li></ul><ul><li>Article 1 / Human dignity - Human dignity is inviolable. It must be respected and protected. </li></ul><ul><li>Article 2 / Right to life - </li></ul><ul><li>1. Everyone has the right to life. </li></ul><ul><li>2. No one shall be condemned to the death penalty, or executed. </li></ul><ul><li>Article 3 / Right to the integrity of the person </li></ul><ul><li>1. Everyone has the right to respect for his or her physical and mental integrity. </li></ul><ul><li>2. In the fields of medicine and biology, the following must be respected in particular: </li></ul><ul><li>. the free and informed consent of the person concerned, according to the procedures laid down by law, </li></ul><ul><li>. the prohibition of eugenic practices, in particular those aiming at the selection of persons, </li></ul><ul><li>. the prohibition on making the human body and its parts as such a source of financial gain, </li></ul><ul><li>. the prohibition of the reproductive cloning of human beings. </li></ul><ul><li>Article 4 / Prohibition of torture and inhuman or degrading treatment or punishment. No one shall be subjected to torture or to inhuman or degrading treatment or punishment. </li></ul><ul><li>Article 5 / Prohibition of slavery and forced labour </li></ul><ul><li>1. No one shall be held in slavery or servitude. </li></ul><ul><li>2. No one shall be required to perform forced or compulsory labour. </li></ul><ul><li>3. Trafficking in human beings is prohibited. </li></ul>
  6. 13. European Law <ul><li>CHARTER OF FUNDAMENTAL RIGHTS </li></ul><ul><li>OF THE EUROPEAN UNION </li></ul><ul><li>CHAPTER II - FREEDOMS </li></ul><ul><li>Article 6 / Everyone has the right to liberty and security of person. </li></ul><ul><li>Article 7 / Everyone has the right to respect for his or her private and family life, home and communications. </li></ul><ul><li>Article 8 / 1. Everyone has the right to the protection of personal data concerning him or her. </li></ul><ul><li>Article 9 / The right to marry and the right to found a family shall be guaranteed in accordance with the national laws governing the exercise of these rights. </li></ul><ul><li>Article 10 / Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance. </li></ul><ul><li>Article 11 / Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. </li></ul><ul><li>Article 12 / Freedom of assembly and of association (peaceful assembly, trade unions, political parties...) </li></ul><ul><li>Article 13 / The arts and scientific research shall be free of constraint. Academic freedom shall be respected. </li></ul><ul><li>Article 14 / Right to education </li></ul><ul><li>Article 15 / Freedom to choose an occupation and right to engage in work </li></ul><ul><ul><li>1. Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation. </li></ul></ul><ul><ul><li>2. Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of </li></ul></ul><ul><ul><li>establishment and to provide services in any Member State. </li></ul></ul><ul><ul><li>3. Nationals of third countries who are authorised to work in the territories of the Member States are </li></ul></ul><ul><ul><li>entitled to working conditions equivalent to those of citizens of the Union. </li></ul></ul><ul><li>Article 16 / Freedom to conduct a business </li></ul><ul><li>Article 17 / Right to property </li></ul><ul><li>Article 18 / The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with the Treaty establishing the European Community. </li></ul><ul><li>Article 19 / Protection in the event of removal, expulsion or extradition </li></ul><ul><ul><li>1. Collective expulsions are prohibited. </li></ul></ul><ul><ul><li>2. No one may be removed, expelled or extradited to a State where there is a serious risk that he or </li></ul></ul><ul><ul><li>she would be subjected to the death penalty, torture or other inhuman or degrading treatment or </li></ul></ul><ul><ul><li>punishment. </li></ul></ul>
  7. 14. European Law <ul><li>CHARTER OF FUNDAMENTAL RIGHTS </li></ul><ul><li>OF THE EUROPEAN UNION </li></ul><ul><li>CHAPTER III - EQUALITY </li></ul><ul><li>Article 20 / Everyone is equal before the law. </li></ul><ul><li>Article 21 / Non-discrimination </li></ul><ul><li>1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited. </li></ul><ul><li>Article 22 / The Union shall respect cultural, religious and linguistic diversity. </li></ul><ul><li>Article 23 / Equality between men and women must be ensured in all areas, including employment, work and pay. The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex. </li></ul><ul><li>Article 24 / The rights of the child </li></ul><ul><ul><li>1. Children shall have the right to such protection and care as is necessary for their well-being. They </li></ul></ul><ul><ul><li>may express their views freely. Such views shall be taken into consideration on matters which concern </li></ul></ul><ul><ul><li>them in accordance with their age and maturity. </li></ul></ul><ul><ul><li>2. In all actions relating to children, whether taken by public authorities or private institutions, the </li></ul></ul><ul><ul><li>child's best interests must be a primary consideration. </li></ul></ul><ul><ul><li>18.12.2000 EN Official Journal of the European Communities C 364/13 </li></ul></ul><ul><ul><li>3. Every child shall have the right to maintain on a regular basis a personal relationship and direct </li></ul></ul><ul><ul><li>contact with both his or her parents, unless that is contrary to his or her interests. </li></ul></ul><ul><li>Article 25 / The Union recognises and respects the rights of the elderly to lead a life of dignity and independence </li></ul><ul><li>and to participate in social and cultural life. </li></ul><ul><li>Article 26 / The Union recognises and respects the right of persons with disabilities to benefit from measures </li></ul><ul><li>designed to ensure their independence, social and occupational integration and participation in the </li></ul><ul><li>life of the community. </li></ul>
  8. 15. European Law <ul><li>CHARTER OF FUNDAMENTAL RIGHTS </li></ul><ul><li>OF THE EUROPEAN UNION </li></ul><ul><li>CHAPTER IV - SOLIDARITY </li></ul><ul><li>Article 27 / Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation in good time in the cases and under the conditions provided for by Community law and national laws and practices. </li></ul><ul><li>Article 28 / Workers and employers, or their respective organisations, have, in accordance with Community law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action. </li></ul><ul><li>Article 29 / Everyone has the right of access to a free placement service. </li></ul><ul><li>Article 30 / Every worker has the right to protection against unjustified dismissal, in accordance with Community law and national laws and practices. </li></ul><ul><li>Article 31 / Every worker has the right to working conditions which respect his or her health, safety and dignity an the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave. </li></ul><ul><li>Article 32 / Prohibition of child labour and protection of young people at work </li></ul><ul><li>Article 33 / Family and professional life </li></ul><ul><ul><li>1. The family shall enjoy legal, economic and social protection. </li></ul></ul><ul><ul><li>2. To reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child. </li></ul></ul><ul><li>Article 34 / Social security and social assistance </li></ul><ul><ul><li>1. The Union recognises and respects the entitlement to social security benefits and social services providing protection in cases such as maternity, illness, industrial accidents, dependency or old age, and in the case of loss of employment, in accordance with the rules laid down by Community law and national laws and practices. </li></ul></ul><ul><ul><li>2. Everyone residing and moving legally within the European Union is entitled to social security benefits and social advantages in accordance with Community law and national laws and practices. </li></ul></ul><ul><ul><li>3. In order to combat social exclusion and poverty, the Union recognises and respects the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient resources, in accordance with the rules laid down by Community law and national laws and practices. </li></ul></ul><ul><li>Article 35 / Everyone has the right of access to preventive health care and the right to benefit from medical treatment under the conditions established by national laws and practices. A high level of human health protection shall be ensured in the definition and implementation of all Union policies and activities. </li></ul><ul><li>Article 36 / Access to services of general economic interest </li></ul><ul><li>Article 37 / Environmental protection </li></ul><ul><li>Article 38 / Consumer protection </li></ul>
  9. 16. European Law <ul><li>CHARTER OF FUNDAMENTAL RIGHTS </li></ul><ul><li>OF THE EUROPEAN UNION </li></ul><ul><li>CHAPTER V – Citizen Rights </li></ul><ul><li>Right to vote (active + passive) </li></ul><ul><li>Right to good administration </li></ul><ul><li>Right of access to documents </li></ul><ul><li>Obudsman </li></ul><ul><li>Right to petition </li></ul><ul><li>Freedom of movement and of residence </li></ul><ul><li>Diplomatic and consular protection </li></ul>
  10. 17. European Law <ul><li>CHARTER OF FUNDAMENTAL RIGHTS </li></ul><ul><li>OF THE EUROPEAN UNION </li></ul><ul><li>CHAPTER VI – Justice </li></ul><ul><li>Right to remedy and fair trial </li></ul><ul><li>Presumption of innocence and right of defence </li></ul><ul><li>Principles of legality and proportional penalty </li></ul><ul><li>Right not to tired twice for the same offence </li></ul>
  11. 18. Austrian Law <ul><li>Niederlassungs- und Aufenthaltsgesetz </li></ul><ul><li>Law on the right to stay and residence </li></ul><ul><li>A permit of residence can be issued on the following purposes: </li></ul><ul><li>„ key-worker“ (§ 8 Abs. 2 Z 1 NAG) </li></ul><ul><li>„ except gainful employment“ (§ 8 Abs. 2 Z 2 NAG) </li></ul><ul><li>„ unrestricted“ (§ 8 Abs. 2 Z 3 NAG) </li></ul><ul><li>„ restricted“ (§ 8 Abs. 2 Z 4 NAG) </li></ul><ul><li>„ next of kin“ (§ 8 Abs. 2 Z 5 NAG) </li></ul><ul><li>„ Saisonal worker“ (§ 58 NAG) </li></ul><ul><li>„ expatriat-specialist“ (§ 59 NAG) </li></ul><ul><li>„ selfemployed“ (§ 60 NAG) </li></ul><ul><li>„ artist“ (§ 61 NAG) </li></ul><ul><li>„ special cases of employment“ (§ 62 NAG) </li></ul><ul><li>„ pupil“ (§ 63 NAG) </li></ul><ul><li>„ Student“ (§ 64 NAG) </li></ul><ul><li>„ not gainfil employment for social services“ (§ 66 NAG) </li></ul><ul><li>„ scientist“ (§ 67 NAG) </li></ul><ul><li>„ family member“ (§ 69 NAG) </li></ul><ul><li>„ Humanitarian reasons“ (§ 72 NAG) </li></ul>
  12. 19. The Right to stay <ul><li>General preconditions for the right to stay </li></ul><ul><li>§ 11. (1) The right to stay cannot be granted to a foreigner if </li></ul><ul><li>1. a title of prohibition of residence as been issued against him; </li></ul><ul><li>2. a title of prohibition of residence as been issued against him in another member state; </li></ul><ul><li>3. a title of expulsion has been issued against during the past 12 months; </li></ul><ul><li>4. he pretends a fictitious marriage or adoption </li></ul><ul><li>5. the period of his visa has expired </li></ul><ul><li>6. he has been convicted of illegal entry </li></ul><ul><li>(2) the right to stay can only be granted to a foreigner if </li></ul><ul><li>1. his residence does not collide with public interests </li></ul><ul><li>2. he can prove a title of tenure of a decent dwelling; </li></ul><ul><li>3. the foreigner hold a title of health insurance covering all costs in Austria; </li></ul><ul><li>4. his stay does not lead to extra costs on any authority in Austria; </li></ul><ul><li>5. his permit to stay does not endanger Asutrias relation to other countries and </li></ul><ul><li>6. ... </li></ul><ul><li>(3) The right to stay can be granted in case of non-compliance of any of the preconditions of paragraf 2 if it is necessary to comply with Art. 8 of the European Convention on Human Rights </li></ul>
  13. 20. <ul><li>INTEGRATION AGREEMENT </li></ul><ul><li>What? Ability to read and write (regardless which language) and acquisition </li></ul><ul><li>of basic knowledge of German </li></ul><ul><li>When? The duty of fulfilling the integration agreement arises with the grant </li></ul><ul><li>of the first or extended residence permit and has to be fulfilled within 5 years </li></ul><ul><li>How? By attending an German language integration class or by proving </li></ul><ul><li>sufficient knowledge of German (e.g. test certificate, school certificates) </li></ul><ul><li>Set-up? Consists of 2 modules – Module 1: Reading and writing; Module 2: </li></ul><ul><li>Knowledge of German (Target: ability to participate in the social, economic and </li></ul><ul><li>cultural life of Austria) </li></ul><ul><li>Costs? </li></ul><ul><li>- If module 1 is completed within one year: federal authorities absorb </li></ul><ul><li>costs up to the maximum rate </li></ul><ul><li>- If module 2 is completed within two years: 50 % of costs are absor </li></ul><ul><li>bed by federal authorities (family dependants of third-country natio </li></ul><ul><li>nals and citizens of the EER/Austrians/Swiss citizens, who are not </li></ul><ul><li>subject to unrestricted mobility) </li></ul><ul><li>Who is a third-country national?: Anyone, who does not hold a citizenship of </li></ul><ul><li>Austria or the EER (European Economic Region). </li></ul><ul><li>Who is subject to unrestricted mobility?: Citizens of the EER and Switzerland, </li></ul><ul><li>who do not reside in another EER-country (cross-border state of facts); there </li></ul><ul><li>fore a person is not subject to unrestricted mobility, if no cross-border state of </li></ul><ul><li>facts within the EER is existing. </li></ul>
  14. 21. <ul><li>Exceptions for fulfilment of the integration agreement: </li></ul><ul><li>Minors under age </li></ul><ul><li>Persons, who are exempted due to their old age or their state of health </li></ul><ul><li>in case of a written resignation for a prolongation application (such is possible, </li></ul><ul><li>if residence shall not exceed 12 months within a period of 24 months) </li></ul><ul><li>In which way the integration agreement is fulfilled? </li></ul><ul><li>By proving a sufficient knowledge of German </li></ul><ul><li>By attending a public school in Austria for at least 5 years, including a positive </li></ul><ul><li>completion of the subject “German language” </li></ul><ul><li>By passing the final apprenticeship examination in accordance with the law on </li></ul><ul><li>vocational education </li></ul><ul><li>With the positive completion of the subject “German language” at a school abroad (level: 9th grade) </li></ul><ul><li>by being a “key person” or a special executive in the meaning of section 2, </li></ul><ul><li>subsection 5a (law on the employment of foreigners), as well as their dependants </li></ul><ul><li>(is done automatically by granting a residence permit) </li></ul>
  15. 22. <ul><li>Promotion of Integration </li></ul><ul><li>§ 17. (1) Foreigners with a permit of residence shall be promoted to be integrated in order to include them in the social, economic and culural life in Austria and to secure equality in chances in all aspects . </li></ul><ul><li>(2) Means of integration are </li></ul><ul><li>1. language courses; </li></ul><ul><li>2. vocational training; </li></ul><ul><li>3. Involvement into Austrian culture and history; </li></ul><ul><li>4. mutual events to promote Understanding between foreigners and Austrians; </li></ul><ul><li>5. Information on real-estate market and </li></ul><ul><li>6. Benefits of the Austrian Integration fund. </li></ul><ul><li>(3) For the realization of the promotion of integration private, humanitarian and church institutions are to be involved. Their contribution and refunding are to be contracted. </li></ul>
  16. 23. <ul><li>The Fremdenpolizeigesetz (FPG) applies to all entries to Austria shorter than 180 days, it has regulations on visas, on the issue of documents and it also applies on measures taken by the police in accordance with the NUAG (law on the right to stay and residence) and custody prior to deportation </li></ul>
  17. 24. Statistics Asyslum Seekers
  18. 25. Foreigners in Austria
  19. 26. Opinions / Policy-Makers
  20. 27. My Job / Home for homeless people
  21. 28. Verein Wohnen und Arbeit / Winden 24 / 3390 Melk
  22. 29. Longterm-Rehabilitation of alcoholics
  23. 30. Any questions ??? <ul><li>If yes: NOW </li></ul><ul><li>If no: Thank you! </li></ul><ul><li>And if you like to visit </li></ul><ul><li>Austria after all this </li></ul><ul><li>Information: </li></ul><ul><li>You are most welcome ! </li></ul><ul><li>It is really beautiful ! </li></ul>