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 . 14TU U14T Effective: 1st January 2016 sozialministerium.at 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 14TU U14T 14TU U14T 14TU 14TU U14T U14T 14TU U14T 14TU U14T 14TU 14TU U14T U14T 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 14TU U14T 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. U 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 . U U Effective: 1st January 2016 sozialministerium.at 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 . U U 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 14TU Effective: 1st January 2016 U14T sozialministerium.at