Austrian law on entry, exit, settlement and residence of new foreigners

FPG mainly involves entry and exit, travel documents and visas (such as issuing valid visas for less than 6 months), foreigners' documents management and foreign affairs police measures (such as prohibiting residence, deportation, repatriation, etc.). ).

NAG mainly involves the residence permit for staying in Austria for more than 6 months. The issuance of residence permits or residence permits is the responsibility of specialized agencies designated by state governors.

In order to facilitate the implementation of relevant regulations of FPG and NAG, we have also formulated:

? Detailed rules for the implementation of the foreign affairs police law (fremdenpolizegesetz-dur CHF? Hrungsverordnung (FPGDV for short);

? Detailed Rules for the Implementation of the Law on Settlement and Residence? Hrungsverordnung (NAG-DV);

? * * * Detailed Rules for the Implementation of Financial Agreement (Integration Sveinbarungs-Verdnung, IV-V for short);

? Detailed Rules for the Implementation of Settlement in 2006 (Niederlassungsverordnung 2006, referred to as NLV 2006)

The following focuses on the relevant provisions of the new law involving college students and researchers.

Visa (VISUM)

1. 1 visa type

The visa is still affixed to the applicant's passport in the form of stamp. Visa point:

? Transit visa (class A visa);

? Transit visa (B visa), transit Schengen countries and Austria, valid for 5 days;

? Tourist visa (class C visa), valid for up to 3 months, usually Schengen visa;

? Residence visa (D visa), valid for up to 180 days, Austrian national visa. It can also be used as a transit visa for other Schengen countries to reach the destination country Austria;

? Residence+tourist visa (D+C visa) is valid for the longest time 180 days in Austria and for the longest time of 3 months in other Schengen countries.

1.2 visa application

? The applicant shall apply to the representative office (embassy or consulate) in charge of residence business. The Austrian Ministry of Foreign Affairs may also instruct relevant representative offices to accept business in other regions;

? The representative office decides whether to accept the application and issue the visa.

Special note: the visa cannot be extended in Austria. You can't apply for a residence permit with a visa after entry.

Second, the residence permit (ID card) (LEGITIMATIONSKARTE)

From June 5438+1 October1day, 2006, people who have stayed in Austria for more than six months will be issued a card-type residence permit with their photos printed on it. A residence permit can also be used as an ID card.

2. 1 residence permit is divided into

? AUFENTHALTSBEWILLIGUNG (temporary or short-term residence in Austria);

? NIEDERLASSUNGSBEWILLIGUNG (settled in Austria)

2.2 Application for residence permit

? The applicant shall apply to the representative office (embassy or consulate) in charge of residence business. The Austrian Ministry of Foreign Affairs may also instruct relevant representative offices to accept business in other regions;

? The representative office will send the application form and related documents to the domestic authorities. From June 5438+ 10/2006, the approval of residence permits is the responsibility of state governors, and representative offices have no right to issue them themselves. According to the detailed rules for the implementation of NAG, the Governor may entrust the relevant departments of this district to handle it specifically;

? Notify the representative office to issue a valid visa to enter the Olympics after approval by the relevant domestic departments;

? The applicant should apply for an entry visa at the representative office within 3 months after receiving the notice, and complete the Austrian residence permit within 6 months.

2.3 Original and photocopy of materials required for residence permit.

1, travel document;

2. Birth certificate or corresponding certificate (only required at the time of initial application);

3. A recent photo of the applicant (photo size is 3.5×4.5 cm to 4.0×5.0 cm);

4. No-crime certificate valid for no more than 6 months (only required at the time of initial application);

5 proof of funds (according to Article 293rd of the Basic Social Security Law), the standards are as follows:

● Single college students under the age of 24, 38 1 euro per month.

● Single college students over 24 years old, 690 euros per month.

● Other single people, 690 euros per month.

● Both husband and wife are students, and both of them are1055,99 Euro every month.

● 72.32 euros per child per month.

Note: The above standard is calculated at the monthly rent of 250 euros. If the monthly rent exceeds 250 euros, the monthly standard will be raised accordingly.

Proof of funds includes: work contract, personal property certificate (such as deposit certificate in Austria) or scholarship certificate.

● Proof of medical insurance with the ability to pay in Austria (the minimum amount shall not be less than 30,000 euros).

● Housing certificate

College students also need to provide:

? Admission notice of institutions of higher learning (universities, higher professional colleges, private universities or university courses recognized by Austria);

? To extend the residence permit, you need to provide proof of your academic performance in the previous academic year (8 credits per academic year).

Researchers also need to provide:

? A work contract signed with a university or an acceptance agreement issued by a qualified research institution.

Family members also need to provide:

Marriage certificate, proof of kinship, proof of housing area, proof of the amount of funds.

Application forms for long-term and short-term residence permits can be downloaded from the website of the Ministry of Interior of http://www.bmi.gv.at/niederlassung..

2.4 Examination and approval time: It takes about 8 weeks from the representative office accepting the application to receiving the examination and approval notice.

2.5 Non-German or English documents shall be provided with legal translations in German, and foreign certificates shall be notarized.

2.6 health certificate

From June 5438+1 October1day, 2006, the requirement of submitting health certificate for the first time was cancelled. The Federal Minister of Health and Women will issue a circular to identify countries or regions with high risk of infectious diseases. People from these countries or regions need to submit relevant health certificates.

2.7 implementation of * * * financial agreement (Integrationsvereinbarung)

Under normal circumstances, college students or researchers from non-EU countries do not need to fulfill the * * * financial agreement, but their families need to fulfill it under the following circumstances:

? Stay in Austria for more than 12 months;

? At least 14 years old;

? Or within 5 years 14 years old.

The following situations are deemed to have fulfilled the * * * financing agreement:

? Take the German * * * integration class with qualified results;

? Can provide the corresponding German language proficiency certificate (A2 level);

? Having a university diploma or a secondary vocational school diploma as stipulated in the first paragraph of Article 64 of the University Law of 2002;

? Or have completed the apprenticeship examination according to the vocational education law.

* * * The financial agreement can be implemented three years after entry into the customs at the latest, and must be completed within five years. See? * * * Detailed rules for the implementation of financial agreements? (sections 4-5) 。

Third, issue a legal residence certificate.

When the administrative organ requests to examine the legal residence permit, the relevant personnel shall show it immediately; If you don't have it with you, you should take it out and show it at the certificate storage place accompanied by inspectors. Travel documents should be at hand. The journey time for obtaining the certificate shall not exceed 1 hour.

Fourth, apply for extension of residence permit.

The application for extension should be made before the expiration of the residence permit. At the time of audit, the competent department may issue it according to Article 24 of NAG? Have you submitted an application for extension? Prove The applicant can legally stay in Austria or enter or leave Austria with this certificate. The certificate is valid for 3 months, and other Schengen countries are invalid. If the application for extension submitted after 6 months is not accepted, it shall be treated as the initial application.

During your stay in Austria, you can apply to change the purpose of your stay in Austria, such as from? Student visa? Become? Special employment visa? .

Verb (abbreviation of verb) visa fee

? Class C visa: 35 euros;

? D and D+C visas: 75 euros each;

? Visa-free fees for students who have studied for less than 6 months; Students or researchers who have submitted residence permits to apply for entry visas are exempt from visa fees;

? Residence permit visa: 65,438+000 Euros (65,438+00 Euros is required to extract identity information in the future, such as fingerprint extraction. )

? Proof that the application for extension has been submitted: 13 Euro+attachment fee.

Six, non EU countries at their own expense student visa provisions

If you stay in Austria for 3 months, apply for a C visa (tourist visa). If you stay for 6 months, apply for a D visa (short-term residence visa). The above two visas cannot be extended in Austria.

College students (including students from approved private universities and university courses that are not aimed at teaching languages) should apply for a student residence permit (AUFENTHALTSBEWILLIGUNG F? R STUDIERENDE). The student residence permit must provide proof of financial guarantee.

Students who take the entrance examination (such as art colleges and higher professional colleges) must apply for entry visas at the representative office first. Return to China after the exam and wait for the exam results. If accepted, apply for a residence visa to the representative office.

Seven. Provisions on teaching staff (such as university teachers), researchers and Austrian scholarship personnel from non-EU countries.

● Stay for up to 6 months and apply for a C visa or a D+C visa;

● Stay for more than 6 months and apply? Employment exception? Residence visa or? Research? Residence visa.

? Employment exception? And then what? Research? Don't all scientific research work, from? Law on Employment of Foreigners? Restrict. ? Research? What is the residence visa ratio? Employment exception? Residence visa, one is to apply? Research? When issuing a visa, you only need to issue a certificate from the receiving unit? Accept the agreement? Don't need to review one by one? Sickness accident insurance? 、? Proof of funds? Wait for the file. Second, after two years, this visa can be used all over Europe.

? Employment exception? Are you serious? Law on Employment of Foreigners? (AuslBG) limited work, such as:

● Scientific research and teaching, artistic research and development and teaching;

● Work related to EU education, training or research projects;

● Providing exchange programs for foreign college students or graduates through academic groups;

It is suggested that teaching and research personnel in colleges and universities apply for such visas. When applying for a visa, in addition to providing a work contract with the university, the applicant must also provide proof of his ability to pay for life, accommodation and illness insurance.

? Research? Visa refers to a special group determined according to EU guidelines. Research institutions must carefully select researchers and sign a wide range of guarantees with them? Accept the agreement? (The acceptance agreement includes: 1, names of both parties; 2. The purpose, duration, scope and funds of the specific research project; 3, the expense guarantee statement (guarantee statement in? Accept the agreement? Automatic failure after 6 months). The procedures for such people to apply for a residence visa are relatively simple, such as the need to provide proof of funds for living, accommodation and illness insurance expenses. However, research institutions must be accredited by the Federal Ministry of the Interior. Qualification approval is valid for 5 years.

Eight. transient period

? Settlement and residence law? Residence visas issued before the entry into force shall remain valid within the validity period. But the longest validity period issued by the representative office abroad is 6 months? Employment exception? The visa cannot be extended.