Criteria-Based Immigration to Austria (Red-White

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Criteria-Based Immigration to Austria
(Red-White-Red Card)
By focusing on personal and labour market criteria, the RWR Card model aims at the more
flexible immigration of a qualified third-country workforce and their families who wish to
settle permanently in Austria.
The most important requirements are qualifications, work experience, age, language skills,
an adequate job offer, and adequate wages.
Two different versions of the RWR Card are available for persons who meet the
requirements:
•
RWR Card: entitles to residence and employment only with one specific employer.
•
RWR Card plus: entitles to residence and unlimited labour market access.
The RWR Card is available for the following groups of applicants:
1. Very highly qualified workers
2. Skilled workers in shortage occupations
3. Other key workers
4. Graduates of universities and colleges of higher education in Austria
The RWR Card plus is available for the following groups of applicants:
5. Family members of applicant groups 1 to 4 and holders of an EU Blue Card
6. Family members of foreign citizens permanently settled in Austria
Effective: 1st January 2016
sozialministerium.at
Application and Assessment
Very highly qualified workers without an employer in Austria may apply for a jobseeker visa
with the competent Austrian representation (embassy, consulate) of their native country or
their country of residence. This visa will be issued under the condition that the Federal
Public Employment Service for Vienna (AMS Wien) confirms to the representation that the
applicant achieves the minimum amount of points required (see chapter “Very highly
qualified workers” below).
Very highly qualified workers holding a jobseeker visa may apply for an RWR Card with the
competent residence authority in Austria (Bezirkshauptmannschaft/BH, Magistrat, in Vienna
MA 35), if they submit a legally binding offer of employment (valid work contract) by an
employer based in Austria during the first six months (while the visa is still valid). The
intended employment must be adequate to the applicant’s qualifications and must be
adequately remunerated. The Federal Public Employment Service examines and confirms
whether these criteria are fulfilled.
If very highly qualified workers already have a concrete job offer, they may apply for an RWR
Card directly, without applying for a jobseeker visa first.
Very highly qualified workers, skilled workers in shortage professions, other key workers,
and foreign university graduates may apply for an RWR Card with the competent Austrian
representation abroad (embassy, consulate). Together with the application, the intended
employer’s declaration of intent to comply with employment standards must be submitted.
Applicants who are entitled to visa-free entry and foreign graduates of Austrian universities
holding a confirmation of residence may submit their application directly with the
competent residence authority in Austria (Bezirkshauptmannschaft/BH, Magistrat, in Vienna
MA 35), who will forward the application to the AMS for examination and confirmation of
the admission criteria.
Potential employers of very highly qualified workers, skilled workers in shortage
occupations, other key workers, or foreign university graduates may also apply for an RWR
Card for their prospective employees with the appropriate domestic residence authorities
(governor, competent district commission or municipal authorities).
Effective: 1st January 2016
sozialministerium.at
Family members of holders of an RWR Card may apply for an RWR Card plus with the
competent Austrian representation abroad (embassy, consulate) or, after lawful visa-free
entry, with the competent residence authority in Austria (Bezirkshauptmannschaft/BH,
Magistrat, in Vienna MA 35).The RWR Card is issued by the residence authority if all general
and special requirements according to the Act on Settlement and Residence
(Niederlassungs- und Aufenthaltsgesetz, NAG) are fulfilled.
Application forms are provided on the website http://www.migration.gv.at/en/service-andlinks/downloads.html .
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Effective: 1st January 2016
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Very highly qualified workers
Third-country citizens with very high qualifications can apply for a six-month jobseeker visa ,
if they achieve the required minimum of points according to the following list of criteria:
Admission criteria for very highly qualified persons
0T
Special qualifications and abilities
University graduation in degree with four-year minimum duration
• in the fields of mathematics, informatics, natural sciences,
or engineering (the “MINT subjects”)
• PhD or habilitation
Last year’s gross salary in a senior management position with a
company listed on the stock exchange or a company for whose
activities or field of trade the competent foreign trade office has
issued a positive report:
50 000 to 60 000 Euros
60 000 to 70 000 Euros
More than 70 000 Euros
Research and innovation activity
(patent applications, publications)
Awards (approved prize winner)
Work experience (matching the qualifications or senior
management position)
Work experience (per year)
Six months of work experience in Austria
0T
0T
Language skills
German or English language skills:
elementary use of the language on a basic level or
German or English language skills:
intensified elementary use of the language
0T
Age
Up to 35 years
Up to 40 years
Up to 45 years
0T
Studies completed in Austria
Points
Maximum of allowable points:
40
20
0T
30
40
20
25
30
20
20
Maximum of allowable points:
20
2
10
Maximum of allowable points:
10
0T
0T
5
10
Maximum of allowable points:
20
20
15
10
Maximum of allowable points:
10
0T
0T
Second part of the course or half of the required total of ECTS 5
points
Complete university course (Diplomstudium) or
10
Bachelor’s and Master’s degree studies in Austria
Maximum total of allowable points
100
Minimum of required points
70
0T
0T
0T
0T
Very highly qualified persons who hold a jobseeker visa can apply for an RWR Card (valid for
12 months) without a labour market test if, within the validity period of the visa, they find an
employer offering them employment adequate to their qualifications based on a valid work
Effective: 1st January 2016
sozialministerium.at
contract. The RWR Card entitles them to only to employment with this specific employer.
Highly qualified holders of an RWR Card may apply for an RWR Card plus, which entitles
them to unlimited labour market access, after a period of 12 months (10 months of
continued employment adequate to their qualifications with the same employer). The Public
Employment (AMS) assesses the application.
Skilled workers in shortage occupations
Shortage occupations are promulgated each year in a regulation (Fachkräfteverordnung)
issued by the Federal Minister of Labour in consultation with the Federal Minister of
Economy. Which occupations are defined as shortage occupations depends on the
development of the Austrian labour market.
For the year 2016, the following professions are considered shortage occupations.
Applications for a Red-White-Red Card can be submitted until 5 th November 2016:
P
1.
2.
3.
4.
5.
6.
P
Milling machinists
Metal turners
Technicians with a higher level of Training (engineer) for mechanical engineering
Roofers
Graduate engineers in mechanical engineering
Technicians with a higher level of training (engineer) for power engineering
technology
7. Graduate power engineers
8. Graduate nurses who started with their complementary training in Austria until the
end of 2015 and have completed it at the time of application. Persons who have not
yet received the relevant nostrification decision by the Austrian authorities are not
covered
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More detailed descriptions for the individual shortage occupations can be found here
http://www.migration.gv.at/en/types-of-immigration/permanent-immigration-red-whitered-card/skilled-workers-in-shortage-occupations.html#c2820
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Skilled workers from third countries can apply for an RWR Card valid for 12 months without
a labour market test if they
Effective: 1st January 2016
sozialministerium.at
•
•
have the required qualification in a shortage profession according to the directive (see
above)
achieve the required minimum amount of points according to the following list of criteria:
Admission criteria for skilled workers
0T
Qualifications
Points
Maximum of allowable points:
30
20
0T
Completed professional education in a shortage profession
General university entrance qualification according to § 64 Abs. 1 25
University Act 2002, BGBl. I Nr. 120
Graduation in university degree with a minimum duration of three 30
years
Maximum of allowable points:
Work experience according to qualification
10
Work experience (per year)
2
Work experience in Austria (per year)
4
Maximum of allowable points:
Language skills
15
German language skills:
elementary use of the language on a basic level or
10
English language skills:
independent use of the language
German language skills: intensified elementary use of the language
15
or
English language: intensified independent use of the language
Maximum of allowable points:
Age
20
Up to 30 years
20
Up to 40 years
15
Maximum total of allowable points
75
Minimum of required points
50
0T
0T
0T
0T
0T
0T
0T
0T
0T
0T
The RWR Card entitles its holder to employment with the employer stated in the application.
The employer is obliged to pay the card holder at least the minimum wage the worker is
entitled to according to law, directive, or collective agreement; in the case of customary
overpay, such overpay must be granted as well.
After 12 months, skilled workers holding an RWR Card may apply for an RWR Card plus with
unlimited labour market access, if they have been continually employed in a shortage
profession during (at least) the previous 10 months.
Effective: 1st January 2016
sozialministerium.at
Other key workers
Third-country citizens who are to take up employment with a company as a key worker due
to their qualifications can apply for an RWR Card valid for 12 months if they
•
achieve the required minimum amount of points according to the list of criteria
below
• receive the legally binding minimum gross salary by their employer as follows:
o
o
under 30 years of age: 50 % of the maximum assessment base under the Austrian
General Social Security Act (2016: 2,430 € gross per month, plus special payments)
over 30 years of age: 60 % of the maximum assessment base under the Austrian
General Social Security Act (2016: 2,916 € gross per month, plus special payments)
and
•
no equally qualified unemployed person registered with the Austrian Federal
Employment Service (Arbeitsmarktservice, AMS) can be recruited by the potential
employer (mandatory labour market test).
The criteria required for skilled workers basically apply for key workers, too. Key workers
with special knowledge and abilities but without formal qualifications are also eligible. In
addition to that, professional athletes and professional sports coaches can receive 20 bonus
points.
Admission criteria for key workers
0T
Qualifications
Points
Maximum
points: 30
0T
Completed professional education or special knowledge and 20
abilities regarding the intended occupation
General university entrance qualification according to § 64 Abs. 1
25
University Act 2002, BGBl. I Nr. 120
Graduation in university course of studies with a minimum duration 30
of three years
Maximum
Work experience according to qualification
points: 10
Work experience (per year)
2
Work experience in Austria (per year)
4
Maximum
Language skills
points: 15
German language skills: elementary use of the language on a basic
level or
10
English language skills: independent use of the language
0T
of
allowable
of
allowable
of
allowable
of
allowable
0T
0T
0T
German language skills: intensified elementary use of the language
15
or
English language: intensified independent use of the language
Maximum
Age
points: 20
Up to 30 years
20
0T
0T
Effective: 1st January 2016
sozialministerium.at
Up to 40 years
15
Maximum total of allowable points
75
Additional points for professional athletes and professional sports 20
coaches
Minimum of required points
50
0T
0T
0T
0T
0T
After 12 months, key workers holding an RWR Card may apply for an RWR Card plus with
unlimited labour market access if they have been continually employed as a key worker
during (at least) the previous 10 months.
Graduates of Universities and Colleges of Higher Education
in Austria
Third-country graduates who have
•
successfully completed (at least) the second part of their course (Diplomstudium) or
•
successfully completed Master’s degree studies
at an Austrian university, college of higher education, or accredited private university may,
after the expiry of their residence permit, reside for a further six months in Austria to seek
employment, if they hold a confirmation by the competent residence authority
(Bezirkshauptmannschaft, Magistrat, in Vienna: MA 35). This confirmation must be timely
applied for with the competent residence authority before the expiry of the residence
permit.
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They can apply for an RWR Card without a labour market test, if, within this period, they
find employment adequate to their qualifications based on a valid work contract and if they
prove a salary equivalent to the locally customary salary of national graduates (junior
employees), at least 45% of the maximum assessment base under the Austrian General
Social Security Act (2016: 2,187 € minimum monthly gross salary plus special payments). The
RWR Card entitles them to be employed with this specific employer only.
There is no criteria examination according to the point system.
Admission criteria for university graduates
Qualifications
Successfully completed studies (Diplomstudium) - at least second part of the course or half of the
required total of ECTS points or Master’s degree studies - at an Austrian university or college of
higher education (Fachhochschule, FH)
Employment according to qualification
0T
Effective: 1st January 2016
sozialministerium.at
Minimum monthly gross salary of 45% of the maximum assessment base under the Austrian General
Social Security Act (2016: 2,187 €, plus special payments)
Graduates holding an RWR Card may after a period of 12 months apply for an RWR Card plus
which entitles to unlimited labour market access, if they have been continually employed
adequate to their qualifications during the previous 10 months (at least).
The regulation does not apply for graduates who have completed only a Bachelor’s degree in
Austria .
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Effective: 1st January 2016
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Family reunion
All key workers, skilled workers, and university graduates holding an RWR Card, and all thirdcountry citizens already permanently settled in Austria may bring their spouses, registered
partners, and children up to 18 years (family reunion/nuclear family). Before entry, family
members have to prove successfully completed language tests in German on (at least) level
A1 of the Common European Framework of Reference for Languages CEFR (pre-departure
language tests). Furthermore, sufficient family income (means of subsistence) must be
guaranteed. Family members of very highly qualified workers or holders of an EU Blue Card
do not need to prove German language skills. Details and exemptions from this regulation
are provided on the website of the Federal Ministry of the Interior www.bmi.gv.at .
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Family members can apply for an RWR Card plus with unlimited labour market access in
order to be able to participate from the beginning in economic and social life in Austria by
the means of an own employment.
Family members of very highly qualified workers, key workers, skilled workers, and holders
of an EU Blue Card, who immigrate according to the new RWR Card scheme, are admitted
independent of a quota. For the family reunion of other foreign citizens permanently settled
in Austria, the Federal Government determines an annual quota in the Settlement Directive.
Family members of Austrians will continue to receive a “residence permit – family member”
(„Aufenthaltstitel - Familienangehöriger“) with unlimited labour market access.
Family reunion
of holders of very
of an EU qualified
Blue Card
workers
highly of skilled and
key workers
of
foreigners
of
university of
Austrian
already settled in
graduates
citizens
Austria
No quota
RWR
plus
Mandatory quota
Card RWR Card plus
unlimited
labour
market
access
Residence
RWR Card plus
permit “family
unlimited labour unlimited
unlimited
labour
unlimited labour
member”
market access
labour market market access
market access
access
unlimited
labour market
access
No mandatory
language test
RWR Card plus
RWR Card plus
pre-departure Mandatory pre-departure confirmation of German skills: minimum level A1
Effective: 1st January 2016
sozialministerium.at
Applicants for a European Union Blue Card
With the EU Blue Card regulations, Austria transforms the provisions of the European Union
Blue Card Directive (Council Directive 2009/50/EC) into national law. This directive
harmonises the conditions of entry, residence, and labour market access of highly qualified
third-country citizens and their families within the EU.
Applicants for an EU Blue Card need to
•
have completed a university course of three-year minimum duration
•
prove an annual gross salary of at least 58,434 € (2016; 150% of the average yearly
gross salary for a full-time employee)
• and no equally qualified unemployed person registered with the Austrian Federal
Employment
Service (Arbeitsmarktservice, AMS) can be recruited by the potential
employer (mandatory labour market test).
The EU Blue Card is issued for a period of two years.
Family members of holders of an EU Blue Card can apply for an RWR Card plus with
unlimited labour market access.
Holders of an EU Blue Card may apply for an RWR Card plus with unlimited labour market
access if they have been employed for at least 21 months during the previous 24 months
adequate to their qualifications.
Application and assessment: see RWR Card
Additional information on the Red White Red Card and the EU Blue Card are available on
the migration site www.migration.gv.at
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