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    Guideto Residence and Employmentof Foreign Researchers in Austria

    Version: January, 2011

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    Guide to Residence and Employment of Foreign Researchers in Austria

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    Editor:Federal Ministry of the Interior, 1014 Vienna, Herrengasse 7, PO Box 100,phone +43(0)/53126-0, fax +43(0)1/53126-108613Austrian Agency for International Cooperation in Education and Research (OeAD-GmbH)1010 Vienna, Ebendorferstrae 7,

    phone +43(0)/53408-201Cover-Illustration: iStockphoto.com / Michael MonuLayout and print: AV+Astoria Druckzentrum GmbHDate of publication: November 2010

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    Guide to Residence and Employment of Foreign Researchers in Austria

    Table of Contents

    1. Foreword ........................................................................................................... 3

    2. What is meant by research? Who is a researcher? ............................................. 5

    3. Information for the employer .......................................................................... 6

    4. EEA and Swiss citizens ...................................................................................... 10

    5. Residences of third-country nationals for up to 6 months .............................. 11 5.1. Researchers without letter of guarantee by research institution ............................. 11

    5.2. Researchers with letter of guarantee by research institution ................................... 11

    6. Residences of third-country nationals for more than 6 months ...................... 14

    6.1. Residence Permit Researcher ...................................................................................... 166.2. Residence Permit Special Cases of Paid Employment .............................................. 216.3. Settlement Permit Key Worker .................................................................................. 28

    7. Services .............................................................................................................. 31

    8. The Austrian Integration Fund ......................................................................... 32

    9. Points of contact ............................................................................................... 33

    10. List of EU, EEA and Schengen states ................................................................ 34

    11. Glossary and list of links .................................................................................... 35

    12. List of abbreviations ........................................................................................ 38

    The male form is generally used for reasons of easier readability.However, any terminology related to persons refers to persons

    of both genders.

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    Guide to Residence and Employment of Foreign Researchers in Austria

    1.ForewordBased on an amendment to the Aliens Employment Act (AusIBG), effective as of January

    2008, Austria has opened up its labour market completely to foreign researchers. Anyoneintending to conduct scientic work in research and teaching in Austria, including the artssector, is able to do this under signicantly easier framework conditions. In January 2010a revision of this law came into force that brought essentials improvements for researchers.

    The aim of the new regulation is to strengthen Austrias position when competing inter-nationally for the most capable minds, and to make it even more attractive for employ-ment of researchers from all over the world. The regulation applies equally to employmentat public as well as private institutions and enterprises.

    In order to additionally facilitate the decision to take up an employment in Austria,accompanying spouses and children of researchers are also granted free or simplied ac-cess to the labour market.

    The purpose of this brochure is to present an overview of the various options, and provideassistance in the steps required.

    Terms:The terms highlighted in the text are explained in the glossary and list of links onpages 35 to 37.

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    Guide to Residence and Employment of Foreign Researchers in Austria

    Overview of Entry and Residence Rights / Regulations for Researchersand their Family Members

    EU/EEA citi-zens Third-country nationals

    No right of entry or resi-dence

    required

    Residingfor up to 6months

    Residing for more than 6 months

    EEA:no rightrequired

    Third-countrynationals:permanent

    residence card

    Visa D

    ResidencePermitFamily

    Community

    ResidencePermitFamily

    Community

    SettlementPermit

    Restricted

    If residing formore than 3

    months: Con-rmation

    of Registration

    Visa DResidence

    PermitResearcher

    ResidencePermit

    Special Casesof

    PaidEmployment

    SettlementPermit

    Key Worker

    F a m i l y M e m b e r s

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    Guide to Residence and Employment of Foreign Researchers in Austria

    2.What is meant by research? Who is a researcher?The following denitions provide orientation for the authorities in charge:

    Research and experimental development (R&D) comprises creative work undertaken on a sys-tematic basis in order to increase the stock of knowledge, including knowledge of man, cultureand society, and the use of this stock of knowledge to devise new applications. (ProposedStandard Practice for Surveys on Research and Experimental Development, Frascati Manual,OECD, 2002)

    Accordingly and within the meaning of the Frascati Manual, researchers areprofessionalsengaged in the conception or creation of new knowledge, products, processes, methods and sys-tems, and in the management of the projects concerned.

    Within the meaning of the Settlement and Residence Act (NAG), researchers are personswith whom a research institution has concluded aHosting Agreement. The research in-stitution must verify the qualication of the relevant researcher for the concrete researchproject prior to concluding such aHosting Agreement. In general, it is thus the intentionthat in any case the research institutions should decide who is to be considered aresearcher.

    The following activities are not considered to be scientic nor research work (includingthe arts sector):

    purely pedagogical and administrative activities in scientic institutions;

    activities related to the arts in enterprises of industrial art or during arts events, such asvariety theatre, dance and circus shows or similar, or the soliciting of artists;

    pure laboratory activities without any scientic requirements.

    Additional requirements apply to the Residence Permit Special Cases of Paid Employ-ment as well as the Settlement Permit Key Worker, which are explained separatelyunderrights of residence.

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    Guide to Residence and Employment of Foreign Researchers in Austria

    3.Information for the employer3.1. Who can employ researchers?

    Universities and equivalent research institutions; equivalent are all public or non-protmaking private institutions (e.g. universities of applied sciences, private universities,private scientic institutes) serving the purpose of further developing science and re-search in Austria.

    Any private enterprise, if the employment of the foreign citizen is dedicated to scien-tic research within the scope of the operational purpose; the enterprise is not requiredto have its own research department.

    3.2. What must the employer of researchers observe during the residence proce-dure?

    1. Generally, the choice of theright of residenceis determined by the researchers intend-ed period of stay.

    2. As under certain circumstances the procedure may have to be conducted from abroadby the researcher, the planned duration, the employment contract and the accommo-

    dation must be claried as soon as possible. An expiry of deadlines must be avoided,particularly if staying within the country.

    3. Suffi ciently reliable communication with the researcher when abroad is important, aswell as with the respectiveAustrian representation authority.

    4. A Hosting Agreementis required in order to obtain aResidence Permit Researcher(see page 8).

    5. Applications for issuance of a Residence Permit Researcher are submitted by re-

    searchers in person, depending on the relevant regulations applicable to them withinAustria or abroad (page 16). The same applies to theirfamily members.

    6. Applications for issuance of a Settlement Permit Key Worker (researcher) are sub-mitted exclusively by the employer.

    7. Private enterprises who wish to employ researchers must be certied as research insti-tutions (see next paragraph) if a simpliedright of residenceprocedure is planned(Residence Permit Researcher, see also page 16).

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    Guide to Residence and Employment of Foreign Researchers in Austria

    3.3. In which cases must the research institution be certied?

    The issuance of a Residence Permit Researcher is only possible if documentation of aHosting Agreement(see also page 8) between the research institution and the researcheris provided. However, onlycertied research institutionsand research institutions which,

    to an extent of at least 50 %, are operated by apublic bodyare permitted to concludeHosting Agreementswith researchers.

    For this reason, a certication of the research institution is only required if the researchinstitution wishes to conclude aHosting Agreementwith foreign researchers so that thesecan obtain a Residence Permit Researcher.

    3.4. What does the certication procedure look like?

    Research institutions not operated by a public body may apply for certication of the re-search institution with the Federal Minister of the Interior.

    The following must be observed when applying for certication:

    A well-founded application must be submitted to the Federal Ministry of the Interior,Department III/4, PO Box 100, 1014 Vienna.

    An expert opinion on the research purpose of the institution issued by sterreichi sche

    Forschungsfrderungsgesellschaft, an Austrian organisation for research grants, mustbe enclosed with the application. The application form for issuance of the survey can bedownloaded from www.ffg.atand contains all information required to apply for expertopinion. A decision on applications for expert opinion submitted in full can be madewithin a fortnight.

    It must be evident in particular from the application and the documents enclosed that

    the research purpose of the institution exists (see expert opinion) the liability for researchers is declared on the basis of Hosting Agreementsto be

    entered the funds for the conclusion of Hosting Agreementsare available (documenta-

    tion e.g. by presentation of the nancial statement of the previous year, protand loss account and company prole standard of the Association for the Pro-tection of Creditors of 1870).

    the requirements of other federal or provincial regulatory constraints for opera-tion of research institutions are fullled.

    Furthermore, it should be specied in the application how many foreign researchers areexpected to work at the research institution per year.

    If all the above requirements are fullled, the certicate is issued for a period of veyears.

    http://www.ffg.at/content/rechtliches-service-gutachten-nach-dem-niederlassungs-und-aufenthaltsgesetz-naghttp://www.ffg.at/content/rechtliches-service-gutachten-nach-dem-niederlassungs-und-aufenthaltsgesetz-naghttp://www.ffg.at/content/rechtliches-service-gutachten-nach-dem-niederlassungs-und-aufenthaltsgesetz-nag
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    Guide to Residence and Employment of Foreign Researchers in Austria

    3.5. Information for research institutions that do not require certication

    Research institutions operated by apublic bodydo not require certication for the conclu-sion of Hosting Agreements. The Federal Ministry of the Interior has published researchinstitutions which do not require certication and have approached the Federal Ministry

    of the Interior on its homepagewww.bmi.gv.at/niederlassung/zertizierungen_forsc-hungseinrichtungen.asp. Research institutions that do not require certication and wish to be published on this website are therefore invited to submit an extract from theBusiness Register or a similar document to the Federal Ministry of the Interior, DepartmentIII/4,[email protected], which indicates that the research institution is operated by apublic body to an extent of at least 50 %.

    3.6. Information for research institutions that do not wish to be certied

    Research institutions that do not wish to be certied are of course also permitted to em-ploy foreign researchers. In such a case, researchers would have to apply for a Residence Permit Special Cases of Paid Employment from the respective Austrian representation authority abroad (researchers entitled to enter without the need for a visa are permitted to submit the application to the competent settlement authority in Austria during thelegal term of their stay). Further details regarding thisright of residencecan be found onpage 21.

    3.7. What is a Hosting Agreement?

    The research institution must verify the qualication of the researcher for the concreteresearch project prior to the conclusion of aHosting Agreement.

    TheHosting Agreementmust contain

    the contractual partners,

    the purpose, duration, scope and nancing of the concrete research project as well as

    a liability declaration towards all territorial bodies for the costs of residence and repa-triation (the liability ceases six months after expiry of theHosting Agreement, unlessfraudulently obtained).

    By presenting aHosting Agreementduring theright of residenceprocedure, the exami-nation and proof of suffi cient maintenance means, of accommodation and of a healthinsurance become obsolete.

    http://www.bmi.gv.at/cms/BMI_Niederlassung/zertifizierung/start.aspxhttp://www.bmi.gv.at/cms/BMI_Niederlassung/zertifizierung/start.aspxhttp://www.bmi.gv.at/cms/BMI_Niederlassung/zertifizierung/start.aspxhttp://www.bmi.gv.at/cms/BMI_Niederlassung/zertifizierung/start.aspxhttp://www.bmi.gv.at/cms/BMI_Niederlassung/zertifizierung/start.aspx
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    Guide to Residence and Employment of Foreign Researchers in Austria

    3.8. Example of a Hosting Agreement

    Hosting Agreement(in accordance with 68 Settlement and Residence Act)

    concluded between represented by

    and

    regarding the participation of the researcher named above in the following research projectduring the period from ............................. to .............................:Project title: ................................................................................................................................Objective of project: ..................................................................................................................Duration of project: ....................................................................................................................Scope and nancing of project: .................................................................................................Organisational unit/institute: ....................................................................................................

    Project manager: ........................................................................................................................It is recommended that a copy of the employment contract, the scholarship conrmation or similar is enclosed.

    herewith declares that it shall be liable towards all territorial bodiesfor the costs of residence and repatriation of the researcher named above in accordancewith 68 Settlement and Residence Act (NAG). The liability shall cease six months afterexpiry of theHosting Agreement, unless fraudulently obtained.For, ,

    Seal,

    Notes:Legalisation or notarial attestation of the signatures is not required.The research institution must verify the qualication of the researcher for the concrete research project prior tothe conclusion of aHosting Agreement.Aside from funding of the residence, an appropriate health insuranceas well as accommodation in accordance with local standards must be ensured in order to avoid an availment of the liability.The research institution must notify the locally competent authority immediately of any premature terminationof aHosting Agreement, of any circumstance related to the person of the researcher making his/her further par-ticipation within the scope of the research project unlikely, or of the termination of the research project and theagreed termination of theHosting Agreementwithin a period of two months. Source: OeAD (V2)

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    Guide to Residence and Employment of Foreign Researchers in Austria

    4.EEA and Swiss citizensEEA citizens and citizens of Switzerland who have theright of free movementwithin

    member states are free to enter and settle in Austria without requiring a permit. How-ever, they require aConrmation of Registrationfor documentation of their right of set-tlement if they reside in Austria for more than three months. The Conrmation of Regis-tration must be applied for at the locally competentsettlement authorityat the latest after expiry of four months after the foreign citizens settlement.

    Researchers from thenew EU Member States are also free to enter and settle in Austriawithout requiring a permit and do not need a settlement permit, but merely a Conrma-tion of Registration. An employment permit is not required for work in scientic teaching and research. If, however, they aim for full mobility of labour (= free access to the labourmarket in Austria) after one year, they require an employment permit as key worker fromthe employment services AMS.

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    Guide to Residence and Employment of Foreign Researchers in Austria

    5.Residences of third-country nationals for up to 6 months5.1. Researchers without letter of guarantee by research institution

    The researcher applies for avisaat the competentAustrian representation authority.Evenin the case of a generalright to enter without the need for a visa(based on citizenship), avisais required due to the planned commencement of work.

    The work may be taken up immediately after entering the territory of Austria. The docu-ments required for the visa application are listed on page 12.

    Thevisais free of charge.

    An application for a visa may be submitted exclusively to an Austrian representation au-thority. The representation authority of a different Schengen state representing Austria is only permitted to grant a Schengen visa with a maximum length of stay of three months.However, thisvisadoes not entitle to take up work in Austria.

    5.2. Researchers with letter of guarantee by research institution

    Under the premise that

    the future employer is either acertied research institutionor a research institutionowned to an extent of at least 50% by a public body, and

    this research institution presents aletter of guaranteefor the future employee,the following procedure applies for the purpose of entry, residence within the territory of Austria and a prompt commencement of work: The research institution contacts the competentAustrian representation authorityand

    presents theletter of guarantee, the employment contract and the contact address of the foreign researcher.

    Due to this notication, the researcher receives an interview date (active notication)directly from theAustrian representation authorityand submits an application for is-suance of avisa(free of charge), which provides a right to reside with simultaneous startof work.

    The documents required for the visa application are listed on page 12.

    Family members: In case of use of the simplied procedure, theletter of guaranteemustalso include thefamily members.

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    Guide to Residence and Employment of Foreign Researchers in Austria

    5.3. Letter of guarantee for foreign researchers planning to start work within theterritory of Austria

    Text of the letter of guarantee :(research institution)invites ..................., born on ..............., resident in ................., to a

    visit for the period of .................. .Mr. / Ms. will be working as a researcher in ................... .

    (research institution)undertakes to bear the costs for maintenance and accommodationof the person(s) invited.

    Furthermore,(research institution)undertakes to pay to the Republic of Austria, the prov-inces, the municipalities and otherpublic bodiesany costs incurring in connection withthe entry, the residence (even if the same exceeds the term of the invitation for whateverreason) and the departure from the country as well as any actions related to the Foreign-ers Offi ce within a period of 14 days from payment request on pain of assertion incourt.

    Notes:

    Costs of care services and expenses for medical treatment, for example, are also includ-ed via thisletter of guarantee.

    Theletter of guaranteemust be signed by an authorised signatory. Theletter of guaranteemust be issued on offi cial stationery.

    5.4. Checklist for Visa

    A. Residence with a planned length of stay for up to six months

    1. Personal application for a visa at the competentAustrian representation authority. Note: The processing times may vary regionally or seasonally (e.g. due to periods of strong demand). As an orientation, it is recommended to apply for the visa at leastfour weeks before the planned entry.

    2. Documents:a. valid travel document with two empty pages (at least valid for three months

    beyond the visa applied for), not older than 10 yearsb. ICAO-tting passport photos, (criteria onwww.passbildkriterien.at/oesterreich.

    html)c. completed and signed visa application (retrievable onwww.bmeia.gv.at/leadmin/

    user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_ap-plication.pdf or available from the Austrian representation authority)

    d. contract or preliminary contract with the employer in Austria (salary, plannedlength of research stay, accommodation if applicable, etc)

    e. proof of accommodation (unless regulated in the contract with the employer)

    http://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdf
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    Guide to Residence and Employment of Foreign Researchers in Austria

    f. documentation of an accident and health insurance covering the start of work(valid for the entire Schengen area with an insurance cover of at least 30,000.).In the case that a compulsory insurance already exists, this must be documentedduring application. Otherwise, a short-term insurance is required in any case untilthe insurance cover based on the compulsory insurance becomes effective.

    g. proof of family and business ties in the home country, e.g. proof of employment,study record, family ties in the home country (married, widowed, parents, children,etc)

    3. The visa is free of charge.

    4. Family members: Also receive a visa under the abovementioned conditions after personal application,but not free of charge.

    B. Simplied procedure for residences with a planned length of stay for up to sixmonths, but not free of charge:

    1. As a rst step, the research institution contacts the competent embassy and submitsthe letter of guarantee, the employment contract and the contact details of the re-searcher.

    2. The Austrian representation authority contacts the researcher and invites him to aninterview date and to submit the application.

    3. Application in person for a visa at the competent Austrian representation authority.4. Documents:

    a. valid travel document with two empty pages (at least valid for three monthsbeyond the visa applied for), not older than 10 years

    b. ICAO-tting passport photos (criteria onwww.passbildkriterien.at/oesterreich.html)

    c. completed and signed visa application (retrievable onwww.bmeia.gv.at/leadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_ap-plication.pdf or available from the Austrian representation authority)

    d. letter of guarantee from either a certied research institution or a research institu-tion owned to an extent of at least 50 % by a public body

    5. The visa is free of charge.

    6. Family members:Also receive avisaupon application in accordance with the abovementioned require-ments, but not free of charge.

    http://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdf
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    Guide to Residence and Employment of Foreign Researchers in Austria

    6.Residences of third-country nationals for more than 6 monthsResearchers from third countries who wish to work at a research institution or a research-

    ing company in Austria may choose from three rights of residence, depending on the in-tended period of stay and activity. Although a change to a differentright of residenceiispossible, it is easier for researchers and the Austrian employer if they have claried thelength of stay before submitting the application, as this will result in direct consequencesin the choice of theright of residence.

    Accordingly, the following rights of residence are available forthird-country nationals wishing to work in research and teaching in Austria:

    Residence Permit Researcher (quota-free)

    Residence Permit Special Cases of Paid Employment (quota-free)

    Settlement Permit Key Worker (subject to quotas)

    Researchers must specify a concrete employer who is planning to employ them when ap-plying for the relevantright of residence.

    Employers can be:

    Universities and equivalent academic or non-academic research institutions. Equivalentinstitutions are all public or non-prot making private institutions (e.g. universities of applied sciences, private universities, competence centres, private scientic institutes)serving the purpose of further developing science and research in Austria.

    Any private enterprise, if the employment of the researchers is dedicated to scienticresearch or experimental development within the scope of the operational purpose. Theenterprise is not required to have its own research department for this purpose. How-ever, it must document representable research activities and projects.

    A comparison of the different rights of residence for researchers can be found on the fol-lowing page.

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    Guide to Residence and Employment of Foreign Researchers in Austria

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    c o t r a c t / p r e

    l i m i n a r y c o n t r a c t ( f o r

    m a i n t e n a n c e , e

    m p

    l o y e r s c e r t i c a t e

    ,

    c e r t

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    i t u

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    )

    h e a

    l t h i n s u r a n c e

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    f a r a s

    t h e r e

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    i n s t

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    a n d a c c o m m o d a t i o n

    ( e . g . r

    e n t c o n

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    l s o r y

    i n s u r a n c e

    )

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    i r e c e r t

    i c a t

    i o n

    o r c o n

    r m a t

    i o n

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    d e n

    t h o s t e l

    )

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    l a s p o l i c e c l e a r a n c e c e r t i c a t e

    ( n o

    d o c u m e n

    t a t i o n o

    f a c c o m m o

    d a t

    i o n

    ,

    a s w e l

    l a s p o

    l i c e c l e a r a n c e c e r t i c a t e

    ( i f d e m a n

    d e d

    b y

    t h e a u

    t h o r i

    t y )

    m a i n

    t e n a n c e a n

    d h e a

    l t h i n s u r a n c e r e q u

    i r e d

    )

    ( i f

    d e m a n

    d e d

    b y

    t h e a u

    t h o r i

    t y )

    T e r m

    o f v a l i d i t y

    2 4 m o n t h s * *

    1 2

    m o n t h s * *

    1 8 m o n t h s * *

    S u b j e c t t o q u o t a s

    N o

    N o

    Y e s

    E x t e n s i o n

    p o s s

    i b l e w

    i t h i n

    A u s t r i a

    p o

    s s i b l e w

    i t h i n A u s t r i a

    p o s s

    i b l e w

    i t h i n A u s t r i a

    F a m i l y M e m

    b e r s

    F a m

    i l y m e m

    b e r s m a y a p p

    l y f o r a

    F a m

    i l y m e m

    b e r s m a y a p p

    l y f o r a

    F a m

    i l y m e m

    b e r s m a y a p p

    l y f o r a

    q u o

    t a - f

    r e e R e s i

    d e n c e P e r m i t

    q u o

    t a - f

    r e e R e s i d e n c e P e r m i t

    S e t t l e m e n t P e r m i t

    R e s t r i c t e d

    F a m i l y C o m m u n i t y

    F a m i l y C o m m u n i t y

    *

    I n a d

    d i t i o n

    t o b i r t h c e r t

    i c a

    t e , p

    a s s p o r t

    , p h o

    t o g r a p

    h a n

    d a n y c o u n

    t r y - s p e c

    i c

    d o c u m e n

    t s .

    * * S h o r t e r

    t e r m

    o f v a

    l i d i t y o

    f r i g

    h t o

    f r e s i

    d e n c e

    i f s h

    o r t e r

    t e r m

    w a s a p p

    l i e d f o r o r

    t h e

    t r a v e l

    d o c u m e n

    t d o e s n o

    t h a v e

    t h e a p p r o p r i a

    t e t e r m

    o f v a

    l i d i t y .

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    Guide to Residence and Employment of Foreign Researchers in Austria

    6.1. Residence Permit Researcher

    1) Who can receive a Residence Permit Researcher?

    The Residence Permit Researcher is intended for third-country nationals who can pro-

    vide proof of aHosting Agreementwith acertied research institutionor a research insti-tution that does not require certication. Details regarding the certication of researchinstitutions can be found on pages 7 and 8.

    2) Which requirements must be fullled?

    The application for issuance of aResidence Permit Researcher must be accompaniedby aHosting Agreementconcluded between the research institution and the researcher.

    All other documents required to obtain theresidence permitcan be found on the checklist

    on page 19.3) To whom must the application be submitted?

    Researchers may submit the application for issuance of a Residence Permit Research-er to the locally competentsettlement authorityin Austria following entry without theneed for a visa or entry with a visa or theright of residenceof a different Schengen state,or

    they may submit the application to the competentAustrian representationauthorityin the home country.

    Researchers with aHosting Agreementby an Austrian state university may submit theapplication in person at the Austrian university. The university will forward the applica-tion to the competentsettlement authority.

    The application must always be submitted to the relevant authority by the researcher inperson. Submission of an application by the employer or a legal representative is not per-mitted.

    Important Information:

    Researchers are advised to submit the application for issuance of a Residence Permit Researcher to the competent authority at least two to three months prior to theplanned commencement of work, in order to ensure due processing of the applica-tion.

    If the application is submitted within Austria, it is recommended to submit the applica-tion to the locally competentsettlement authorityas soon as possible after entry, sothat the authority is able to make a decision within the period of stay permitted withoutthe need for a visa or enabled by avisaand/or theright of residenceof a different Schen-gen state, as otherwise the researchers must return to thecountry of origin.

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    Guide to Residence and Employment of Foreign Researchers in Austria

    It must be observed that it is not permissible to take up any employment activity untilthe Austrianright of residencehas been received and that a residence without the needfor a visa and/or a residence enabled by a visa or theright of residenceof a differentSchengen state do not entitle to pursue any form of employment. If the start of work isplanned immediately after entry, researchers would have to apply for a resident visa (=visa)in advance (whether they are entitled to enter without the need for a visa or not)from the competentAustrian representation authoritybefore entering. An immediatestart of work after entry in Austria is not permitted until thevisahas been received (seealso 8).

    4) Which authority decides on the application?

    The decision is made by the locally competent state governor in Austria and/or the ad-ministrative district authorities authorised by him (district administration or magistrate).The local competence depends on the (planned) place of residence of the third-country national in Austria.

    5) Is this right of residence subject to quotas?

    TheResidence Permit Researcher is quota-free.

    6) How long is the right of residence valid and can it be extended within Austria?

    In the case that the requirements for issuance are satised, the Residence Permit Re-searcher will be issued for a period of 24 months, unless a shorter term was applied foror the travel document does not have the appropriate term of validity.

    TheResidence Permit Researcher may be extended within Austria. Researchers whowere in possession of a residence permit - Researcher for at least 24 month are eligibleto change tosettlement permit- unrestricted, this means an unrestricted (without work-ing permit) access to the labour market. A change to any otherright of residence(e.g.Settlement Permit Key Worker) is permitted prior to expiry of theresidence permitis-sued last.

    7) Which right of residence do family members receive?Spouses of researchers who are in possession of aResidence Permit- Researcher as wellas their unmarried under-age children may apply for a quota-free Residence Permit Fam-ily Community. Spouses of researchers, who are in possession of a Settlement permit-unrestricted as well as their unmarried under-age children may apply for Settlement permit - restricted if they are in possession of a residence permit for not longer than 12 month. If they are in possession of a residence permit for more than 12 month they areeligible to apply for Settlement permit- unrestricted too. The application has to be ledpersonally at the competentAustrian representation authorityor, during the permittedperiod of stay in Austria (without the need for a visa, based on a visa or on the basis of avalid right of residence of a different Schengen state), at the competent settlement au-thority in Austria or at the university.

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    Guide to Residence and Employment of Foreign Researchers in Austria

    8) How do researchers with a Hosting Agreement obtain visas for an entry toAustria?

    The simplied procedure described on page 13 applies if aHosting Agreementis available.Theletter of guaranteebecomes obsolete.

    Once the visa has been issued free of charge, the entry to Austria may follow and the oc-cupational activities be taken up immediately on the basis of the visa. An application fora Residence Permit Researcher must be submitted to the competent Austrian author-ity as soon as possible.

    The documents required for application for theResidence Permit Researcher are listedon page 19.

    Family members:

    Visas with a six-month length of stay are also issued to spouses and unmarried under-agechildren upon application. These persons may immediately upon entry apply for a resi-dence permit (quota-free) deriving from the researcher within Austria. If these persons are entitled to enterwithout the need for a visa, they may submit the applications for aresidence permiteven without avisa andwithin Austria after entering. It must be observedthat any residencewithout the need for a visais generally limited to three months.

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    Guide to Residence and Employment of Foreign Researchers in Austria

    9) Checklist for Residence Permit Researcher

    1. Application by the researcher in person at the competent Austrian representation au-thority in the country of origin or at the competent settlement authority in Austria or the state university (in the case of research work at a state university).

    2. Researchers must enclose the following documents with the completed application form:a. Copy of valid travel documentb. Birth certicate or equivalent document (only in the case of initial applications)c. Recent photographd. Hosting Agreementby acertied research institutionor a research institution that

    does not require certication3. The issuing fee is EUR 100. EUR 80 have to be paid when ling the application, EUR 20

    are due after the application has been approved. However, additional fees may arise(e.g. for offi cial translations).

    Procedure for family members :

    1. Application byfamily membersin person (children up to the age of 14 by the legal rep-resentative) either at the competentAustrian representation authorityin the countryof origin or at the competentsettlement authorityin Austria or at the state university

    2. Theright of residenceto be applied for is calledResidence Permit Family Commu-

    nity (an application must be submitted for each family member);3. The following documents must be enclosed with the completedapplication form:

    a. Copy of valid travel documentb. Birth certicate or equivalent document (only in the case of initial applications)c. Recent photographd. Documentation of legal entitlement to accommodation in Austria according to lo-

    cal standards (e.g. rent or subtenancy contracts, legally valid preliminary contractsof husband/wife).

    e. Documentation of suffi cient maintenance (e.g. by presentation of employmentcontract of wife/husband).f. If no legal compulsory insurance exists or will exist, documentation of a health in-

    surance protection liable to benets in Austria and covering all risks (generally, aco-insurance exists).

    g. Marriage certicateh. Police clearance certicate from thecountry of origin(if demanded by the authority)i. However, additional fees may arise (e.g. for offi cial translations). The issuing fee is

    EUR 100. (EUR 80 have to be paid when ling the application, EUR 20 are due after

    the application has been approved)It is recommended that all foreign documents are presented as certied German translations and all certicatesand documentations as certied versions in accordance with the regulations as amended, and that at all timesa copy of the original document is enclosed with the application form.

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    Guide to Residence and Employment of Foreign Researchers in Austria

    10) Checklist for combination of visa and Residence Permit Researcher

    1. The research institution contacts the competentAustrian representation authorityandpresents theHosting Agreementand the contact details of the researcher.

    2. The embassy contacts the researcher immediately and treats him/her in timely prefer-ence.

    3. Application by the researcher in person for a visa at the competent Austrian represen-tation authority.

    4. Documents:

    a. a valid travel document with two empty pages (at least valid for three monthsbeyond thevisaapplied for), but not older than 10 years

    b. ICAO-tting passport photo (criteria onwww.passbildkriterien.at/oesterreich.html)

    c. completed and signed visa application (retrievable onwww.bmeia.gv.at/leadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_ap-plication.pdf or available from the representation authority)

    d. Hosting Agreement

    5. Thevisais free of charge.6. The application for aright of residencemust be submitted after entry in Austria.

    7. Documents needed to apply for Residence Permit Researcher: see checklist on pre-vious page.

    8. Family members Also receive visas with a six-month length of stay after application in person. Thesepersons may immediately upon entry apply for aresidence permit(quota-free) deriv-

    ing from the researcher within Austria. If these persons are entitled to enter without the need for a visa, they may submit the applications for aresidence permitat the com-petent settlement authorityeven without avisaand within Austria after entering. Itmust be observed that any residencewithout the need for a visais generally limited tothree months.

    http://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdf
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    Guide to Residence and Employment of Foreign Researchers in Austria

    6.2. Residence Permit Special Cases of Paid Employment

    Internationally recognised researchers and other researchers who do not have a Hosting Agreement with a research institution require a Residence Permit Special Cases of Paid Employment for their residence in Austria.

    1) Who can receive a Residence Permit Special Cases of Paid Employment?

    a. All internationally recognised researchers (see next paragraph)b. All other researchers, if the research institution has not concluded a Hosting Agree-

    ment with the researcher (see page 22)a. Internationally recognised researchers 1

    Researchers known internationally due to their works or their publications or are of out-standing importance amongst experts are deemed as internationally recognised research-ers. In general, they have an international reputation amongst the scientic communityand can boast a scientic oeuvre.

    Internationally recognised researchers

    whose intended employment in Austria serves the development or extension of sus-tainable economic relationships or the creation or protection of qualied jobs, and

    who receive a monthly gross payment of currently at least EUR5,040 2 for this (=120 % of the maximum contribution basis under the General Social Insurance Act

    [ASVG]),are exempted from the scope of application of the Aliens Employment Act [AusIBG] andpermitted to work without an employment permit.

    They are also permitted to bring along their spouses and children (up to the age of 18) toAustria. These persons are also exempted from the AusIBG and permitted to pursue anyoccupation without an employment permit, as long as the nature of the relationship re-mains upright.

    In addition, internationally recognised researchers may also bring along their foreign em-ployees (e.g. secretary, household staff, etc), if they have already been in their employmentfor at least one year, and continue to employ them in Austria without an employmentpermit.

    Members of the executive and supervisory board of a stock corporation are not consideredas employees/workers a priori, and are therefore not governed by the Aliens EmploymentAct.

    1 Under Austrian law, the denition internationally recognised researcher is a legal and not a qualitative/evaluative denition.

    2 This amount is adjusted annually.

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    Guide to Residence and Employment of Foreign Researchers in Austria

    b. Other researchers

    Researchers wishing to pursue an employment activity with scientic and/or research-related duties in public or private institutions and companies in Austria are exempted fromthe Aliens Employment Act [AusIBG] and permitted to work without an employment per-

    mit.Spouses andunder-age childrenare also exempted and permitted to pursue any occupa-tion in Austria without an employment permit, as long as the nature of the relationshipremains upright.

    In any case, all activities serving research and development, scientic, including research-driven academic teaching and dedicated to the discovery of new scientic knowledge areconsidered as scientic activities in research and teaching, the enhancement and develop-ment of arts as well as in the teaching of art.3

    The term research comprises all scientic activities in basic research, in applied researchas well as in experimental development and the teaching associated therewith.

    2) Which requirements must be fullled?

    The employment contract/preliminary contract underlying the research-related or scien-tic work must be enclosed with the application for issuance of a Residence Permit Spe-cial Cases of Paid Employment.

    All other documents required to obtain theresidence permitcan be found on the checkliston page 25.

    3) To whom must the application be submitted?

    Researchers must submit the application for issuance of aResidence Permit SpecialCases of Paid Employment in person at the locally competent Austrian representation authority in the country of origin.

    If they are entitled to enter without the need for a visa or hold aright of residenceof a dif-ferent Schengen state, researchers may also submit the application to the competent set-tlement authority within Austria.

    Important Information:

    Researchers are advised to submit the application for issuance of a Residence Permit Special Cases of Paid Employment to the competent authority at least two to threemonths prior to the planned commencement of work, in order to ensure due processingof the application.

    If the application is submitted within Austria after entry without the need for a visa or

    3 See for example 1 of the Universities Act of 2002

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    Guide to Residence and Employment of Foreign Researchers in Austria

    on the basis of aright of residenceof a different Schengen state, then it is recommend-ed to submit the application to the locally competentsettlement authorityas soon aspossible after entry, so that the authority is able to make a decision within the period of the allowed 3 month stay, as otherwise the researchers must return to the country of origin.

    It must be observed that it is not permissible to take up an employment activity untilthe Austrianright of residencehas been received and that a residence without the needfor a visa does not entitle to pursue any form of employment. If taking up work is plannedimmediately after entry, researchers entitled to enter without the need for a visa orholding aright of residenceof a different Schengen state would have to apply for aresident visa (=visa) in advance at the competentAustrian representation authority before entering. An immediate start of work after entry in Austria is not permitted un-til the visa has been received. However, it is pointed out explicitly that this regulationdoes not apply to persons who are subject to the need for a visa. These persons mustawait the outcome of theright of residenceprocedure abroad.

    4) Which authority decides on the application?

    The decision is made by the locally competent state governor in Austria and/or the ad-ministrative district authorities authorised by him (district administration or magistrate).The local competence depends on the (envisaged) place of residence of the third-country national in Austria.

    5) Is the right of residence subject to quotas?

    TheResidence Permit Special Cases of Paid Employment is quota-free.

    6) How long is the right of residence valid and can it be extended within Austria?

    If the requirements for issuance are satised, theResidence Permit Special Cases of PaidEmployment is issued for a period of 12 months, unless a shorter term was applied for orthe travel document does not have the appropriate term of validity.

    The residence permit may be extended within Austria. A change to any other right of residence (e.g. Settlement Permit Key Worker) is permitted prior to expiry of the resi-dence permit that was issued last.

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    Guide to Residence and Employment of Foreign Researchers in Austria

    7) Which right of residence do the family members receive?

    Spouses of researchers as well as their unmarried under-age children must apply in personfor a quota-free Residence Permit Family Community at the locally competent Aus-trian representation authority or, insofar as they are entitled to enter without the need for

    a visa or hold a validright of residenceof a different Schengen state, at the competentsettlement authorityin Austria.

    8) Embassy procedure for residences with an intended length of stay for more thansix months (Residence Permit Special Cases of Paid Employment scien-tic personnel)

    As mentioned already on page 22, the application for issuance of a Residence PermitSpecial Cases of Paid Employment must be submitted to the locally competent Austrian representation authority abroad and the decision be awaited abroad.

    Following the decision by the settlement authority, the Austrian representation author-ity issues the entry visa for obtainment of theright of residencewithin Austria.

    The documents required for the application for issuance of a Residence Permit SpecialCases of Paid Employment (scientic personnel) are listed on page 25.

    Third-country nationalsentitled to enter without the need for a visa are exempted fromthe regulations governing an application abroad during their legal period of stay. Any startof work is not permitted during the period of stay without the need for a visa and may nottake place until theright of residencehas been received within Austria. Therefore, research-ers entitled to enter without the need for a visa, who are planning to start work immedi-ately, also require avisa.However, they are permitted to nalise the residence permitprocedure within Austria.

    Family members:

    Spouses and unmarried under-age children receive a derivative (quota-free) residence permit. All other regulations related to an application within Austria / abroad apply ac-

    cordingly.

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    Guide to Residence and Employment of Foreign Researchers in Austria

    9) Checklist for Residence Permit Special Cases of Paid Employment

    1. Application by the researcher in person at the competent Austrian representation au-thority in the country of origin or, insofar as he/she is entitled to enter without the need for a visa or holds a validright of residenceof a different Schengen state, at the com-

    petent settlement authorityin Austria.2. Researchers must enclose the following documents with the completed application

    form:a. Copy of valid travel documentb. Birth certicate or equivalent document (only in the case of initial applications)c. Recent photographd. Documentation of legal entitlement to accommodation in Austria according to lo-

    cal standards (e.g. rent or subtenancy contract, legally valid preliminary contracts)e. Employment contract/preliminary contract underlying this workf. Optional: offi cial clearance certicate from thecountry of origin

    3. The issuing fee is EUR 100. EUR 80 have to be paid when ling the application, EUR 20are due after the application has been approved. However, additional fees may arise(e.g. for offi cial translations).

    Procedure for family members :

    1. Personal application byfamily members(children up to the age of 14 by the legal rep-resentative) at the competentAustrian representation authorityin the country of ori-

    gin or, insofar as they are entitled to enter without the need for a visa or hold a validright of residenceof a different Schengen state, at the competent settlement author-ity in Austria.

    2. Theright of residence tobe applied for is called Residence Permit Family Commu-nity (an application must be submitted for each family member);

    3. The following documents must be enclosed with the completedapplication form:a. Copy of valid travel documentb. Birth certicate or equivalent document (only in the case of initial applications)c. Recent photographd. Documentation of legal entitlement to accommodation in Austria according to lo-

    cal standards (e.g. rent or subtenancy contracts, legally valid preliminary contractsof husband/wife)

    e. Documentation of suffi cient maintenance (e.g. by presentation of employmentcontract of wife/husband)

    f. Documentation of a health insurance protection liable to benets in Austria andcovering all risks (generally, a co-insurance exists)

    g. Marriage certicate

    h. Police clearance certificate from thecountry of origin(if demanded by the authority)

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    Guide to Residence and Employment of Foreign Researchers in Austria

    4. The issuing fee is EUR 100. EUR 80 have to be paid when ling the application, EUR 20are due after the application has been approved However, additional fees may arise(e.g. for offi cial translations).

    It is recommended that all foreign documents are presented as certied German translations and all certicates

    and documentations as certied versions in accordance with the regulations as amended, and that at all timesa copy of the original document is enclosed with the application form.

    10) Checklist for combination of Visa and Residence Permit Special Cases of Paid Employment

    Persons without the need for a visa:

    1. Entry requirements for Austria:www.bmeia.gv.at/leadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/

    ReiseGrenzverkehr/Einreisevoraussetzungen_nach_OEsterreich.pdf 2. The application for issuance of a Residence Permit Special Cases of Paid Employment

    can be submitted to the competentsettlement authorityin Austria by the researcherin person following entry without the need for a visa within the period of stay permit-ted without the need for a visa.

    3. Documents required for theresidence permit: see checklist on page 25

    4. If taking up work is planned immediately after entry, avisamust be applied for at the

    Austrian representation authority, since a start of work is not permitted until after is-suance of theResidence Permit Special Cases of Paid Employment:

    Personal application for avisaat the competentAustrian representation authority

    Documents:

    a. valid travel document with two empty pages (at least valid for three monthsbeyond thevisaapplied for), not older than 10 years

    b. ICAO-tting passport photos, (criteria onwww.passbildkriterien.at/oesterreich.

    html)c. completed and signed visa application (retrievable onwww.bmeia.gv.at/lead-min/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdf or available from the Austrian representation authority)

    d. contract with the employer in Austria (salary, planned length of stay, accommo-dation if applicable, etc)

    e. proof of accommodation (unless regulated in the contract with the employer)f. documentation of an accident and health insurance covering the start of work

    (valid for the entire Schengen area with an insurance cover of at least 30,000.). In the case that a compulsory insurance already exists, this must be document-ed at the application stage. Otherwise, a short-term insurance is required in anycase until the insurance cover based on the compulsory insurance becomes ef-fective.

    http://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Einreisevoraussetzungen_fuer_OEsterreichische_Staatsbuerger.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Einreisevoraussetzungen_fuer_OEsterreichische_Staatsbuerger.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Einreisevoraussetzungen_fuer_OEsterreichische_Staatsbuerger.pdf
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    g. proof of family and business ties in the home country, e.g. proof of employment,study record, family ties in the home country (married, widowed, parents, children, etc)

    5. Thevisais free of charge.

    6. Family members: Receive a derivative (quota-free)residence permitafter personal application; they mayeither enter without the need for a visa or apply fora visaunder the conditions men-tioned above, but not free of charge.

    Persons requiring a visa, but not free of charge:

    1. The application for theright of residencemust be submitted abroad and the outcomemust be awaited abroad.

    2. The embassy informs the researcher about the issuance of theright of residenceandissues avisaD for obtainment of the right within Austria.

    3. The documents required for application for aright of residenceare listed on page 25.

    4. Family members: Receive a derivative (quota-free)residence permitafter personal application.

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    6.3. Settlement Permit Key Worker

    1) Who can receive a Settlement Permit Key Worker?In many cases, researchers also meet the requirements for key workers with regard to theirqualications and the payment offered to them.

    If researchers together with their family wish to live and work in Austria permanently, theymay obtain asettlement permitwithin the scope of the quota for key workers.

    2) Which requirements must be fullled?Criteria for key workers:Particular qualication demanded on the Austrian labour market or special expertiseand capabilities with work experience;minimum payment of currently EUR 2,520 4 gross/month (= 60 % of the maximum contribution basis under the General Social Insurance Act

    [ASVG]).In addition, at least one of the following criteria: Particular importance for a region or a partial labour market, Creation of new or protection of existing jobs; Signicant inuence on management (executive); Transfer of investment capital; University education or education at university of applied sciences or other qualica-

    tions particularly recognized.Anemployers certicatemust be enclosed with the application.

    All other documents required to obtain thesettlement permitcan be found on the check-list on page 30.

    3) To whom must the application be submitted?The application for issuance of asettlement permitfor residence purposes as Key Work-er (for researchers) must be submitted to the competent state governor in accordancewith the (envisaged) place of residence by the potential employer.

    4) Which authority decides on the application?The admission is performed within a simplied one-stop-shop procedure. The decision onthe application for issuance of aSettlement Permit Key Worker is made by the locallycompetent state governor in Austria and/or the administrative district authorities author-ised by him (district administration or magistrate). A labour-market policy survey is pre-sented by the employment services, in which the applicability of the criteria for key work-er, the framework conditions of the planned employment and the possibilities for provisionof an alternative working capacity out of the existing manpower potential are assessed.

    4 This amount is adjusted annually.

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    5) Is this right of residence subject to quotas?The Settlement Permit Key Worker is subject to quotas. This means that the settlement permit cannot be issued unless an appropriate quota place is available.

    6) How long is the right of residence valid and can it be extended within Austria?If the requirements above are satised, the key worker researcher receives a Settlement Permit Key Worker out of the quota for key workers for a period of maximum 18 months, and is permitted to work with this without any further permit related to labour marketlaw.After 18 months, the key worker researcher receives a Settlement Permit Unrestrictedfor 12 months, if the key worker researcher was employed as key worker for twelve monthsduring this period of time (inspection by the employment services offi ce). The Settlement Permit Unrestricted provides unlimited access to the labour market.

    After settlement in Austria for a period of ve years in total, researchers may obtain theright of residenceLong-Term Residents EC Residence Permit.

    7) Which right of residence do the family members receive?Spouses of key worker researchers as well as their unmarried children up to the age of 18must apply personally for a Settlement Permit Restricted subject to quotas at the com-petent Austrian representation authorityor, insofar as they are entitled to enter withoutthe need for a visa or hold a valid right of residence of a different Schengen state, at thecompetent settlement authorityin Austria.Initially, the f amily membersof key worker researchers receive a Settlement Permit Re-stricted subject to quotas for the period of 18 months, with which they are able to obtainan employment permit more easily in accordance with the new regulation effective as of 1 January 2008.

    After 18 months, thesefamily membersreceive a Settlement Permit Unrestricted (nolonger subject to quotas) for 12 months, if the key worker researcher was employed as keyworker for twelve months during this period of time (inspection by the employment serv-ices). TheSettlement Permit Unrestricted provides unlimited access to the labour mar-ket. The respective application must be submitted by thefamily memberspersonally tothe competentsettlement authority.Aftersettlement in Austria for a period of ve years in total, thefamily membersof theresearcher may obtain theright of residenceLong-Term Residents EC Residence Per-mit.

    8) Change from (limited) residence permit to settlement permitIf researchers and theirfamily membershave at rst worked in Austria on the basis of theexemption rule and a residence permit and do not decide in favour of a permanent settle-ment until later, they are able to change to asettlement permitat any time. In this case, the points specied on pages 28 to 29 apply. This regulation also applies to any foreignstudents holding a valid Residence Permit Student.

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    9) Checklist for Settlement Permit Key Worker1. Application by the potential employer at the competentsettlement authorityin Aus-

    tria.2. The following documents must be enclosed with the completedapplication form:

    a. Copy of valid travel document of key workerb. Birth certicate or equivalent document (only in the case of initial applications) of

    key workerc. Recent photograph of key workerd. Documentation of legal entitlement to accommodation of key worker in Austria

    according to local standards (e.g. rent or subtenancy contracts, legally valid pre-liminary contracts)

    e. Employers certicatef. Optional: offi cial clearance certicate from thecountry of origin

    3. The issuing fee is EUR 100. EUR 80 have to be paid when ling the application, EUR 20are due after the application has been approved. However, additional fees may arise(e.g. for offi cial translations).

    Procedure for family members :1. Personal application byfamily members(children up to the age of 14 by the legal rep-

    resentative) at the competentAustrian representation authorityor, insofar as they areentitled to enter without the need for a visa or hold a validright of residenceof a dif-ferent Schengen state, at the competent settlement authority in Austria.

    2. Theright of residenceto be applied for is called Settlement Permit Restricted (anapplication must be submitted for each family member);

    3. The following documents must be enclosed with the completedapplication form:a. Copy of valid travel documentb. Birth certicate or equivalent document (only in the case of initial applications)c. Recent photographd. Documentation of legal entitlement to accommodation in Austria according to lo-

    cal standards (e.g. rent or subtenancy contracts, legally valid preliminary contracts

    of wife/husband)e. Documentation of a health insurance protection liable to benets in Austria andcovering all risks (generally, a co-insurance exists)

    f. Marriage certicateg. Police clearance certicate from thecountry of origin(if demanded by the author-

    ity)4. The issuing fee is EUR 100. EUR 80 have to be paid when ling the application, EUR 20

    are due after the application has been approved. However, additional fees may arise(e.g. for offi cial translations).

    It is recommended that all foreign documents are presented as certied German translations and all certicatesand documentations as certied versions in accordance with the regulations as amended, and that at all times

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    a copy of the original document is enclosed with the application form.

    7.ServicesThe Researchers Mobility Portal and the network of mobility centres

    The Austrian mobility centres provide researchers who are planning to reside in Austria aswell as theirfamily memberswith information about the Austrian research landscape scholarships and research grants vacant positions in the area of scientic research entry and employment regulations social insurance and taxes practical issues of daily life (e.g. accommodation, childcare, language courses, etc)

    Additional information can be found on the Websitewww.euraxess.at.

    The two Austrian mobility centres can be contacted directly in case of any further ques-tions:

    Austrian Agency for International Cooperation in Education and Research (OeAD):[email protected](in particular for questions related to entry and employment

    regulations in Austria) sterreichische Forschungsfrderungsgesellschaft (FFG):[email protected](in par-ticular for questions related to social insurance and taxes)

    The mobility centres are supported by local service centres within the network located innumerous Austrian cities (addresses and contacts on the Website). Enquiries related toany regionally specic information will be forwarded accordingly.

    The OeAD also offers areminder service for the extension of the researchers right of residence (insofar as this is not performed by the respective research institution): For this

    purpose, researchers may provide the following details by e-mail [email protected]: rst name and family name his/her e-mail address his/her research institution in Austria term of validity of theright of residenceobtained last

    The OeAD also offers a reminder service for the extension of the researchers right of resi-dence 4 weeks ahead of expiry of their right of residence. (It must be observed that visas cannot be extended.)

    The Austrian mobility centres are a member of the European Network of Mobility Centres (Euraxess;www.ec.europa.eu/euraxess ).

    http://ec.europa.eu/euraxess/index.cfm/general/index?CFID=3958037&CFTOKEN=47ce73165d5f6ad5-2D4FC74A-0052-3E84-BD9AB5312E2A01FF&jsessionid=b10250bc096306389f2169777ab1369286f1TRhttp://ec.europa.eu/euraxess/index.cfm/general/index?CFID=3958037&CFTOKEN=47ce73165d5f6ad5-2D4FC74A-0052-3E84-BD9AB5312E2A01FF&jsessionid=b10250bc096306389f2169777ab1369286f1TRhttp://ec.europa.eu/euraxess/index.cfm/general/index?CFID=3958037&CFTOKEN=47ce73165d5f6ad5-2D4FC74A-0052-3E84-BD9AB5312E2A01FF&jsessionid=b10250bc096306389f2169777ab1369286f1TRhttp://ec.europa.eu/euraxess/index.cfm/general/index?CFID=3958037&CFTOKEN=47ce73165d5f6ad5-2D4FC74A-0052-3E84-BD9AB5312E2A01FF&jsessionid=b10250bc096306389f2169777ab1369286f1TRhttp://ec.europa.eu/euraxess/index.cfm/general/index?CFID=3958037&CFTOKEN=47ce73165d5f6ad5-2D4FC74A-0052-3E84-BD9AB5312E2A01FF&jsessionid=b10250bc096306389f2169777ab1369286f1TRhttp://ec.europa.eu/euraxess/index.cfm/general/index?CFID=3958037&CFTOKEN=47ce73165d5f6ad5-2D4FC74A-0052-3E84-BD9AB5312E2A01FF&jsessionid=b10250bc096306389f2169777ab1369286f1TR
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    8.The Austrian Integration FundThe inux of researchers to Austria represents a signicant element of the migration of

    highly-qualied experts to Austria as well as an important contribution in order to standones ground in the international competition for the most capable minds.

    The Austrian Integration Fund, which was founded in 1960 by the United Nations HighCommissioner for Refugees (UNHCR) and the Federal Ministry of the Interior (BM.I), sup-ports the linguistic, occupational and social integration of asylum beneciaries and mi-grants in Austria. On the basis of a comprehensive integration programme, the Fund en-sures that asylum beneciaries are able to become integrated in Austria rapidly andpermanently.

    We promote research and knowledge!

    The scholarly debate of the issue of migration and integration of migrants is gaining moreand more importance for the purpose of analysing migration and integration processesin a sustainable manner. The Austrian Integration Fund promotes the theoretical analysisof this issue by means of publication projects, scholarships for diploma theses and subject-specic training modules.

    Scholarships for diploma theses: The Austrian Integration Fund (IF) specically pro-motes the scholarly debate on this core issue of society by granting scholarships for di-ploma theses in the eld of integration of refugees and migrants.

    Managing Migration study course: In cooperation with Salzburg University and St. Vir-gil Salzburg, the Austrian Integration Fund has drawn up the university study course Man-aging Migration. The analytical capabilities and competences to act, which are requiredfor a successful leadership, management and organisational function within migrationmanagement, are conveyed in this study course on an interdisciplinary and scientic ba-sis.

    Managing Intercultural Conict: The study course Managing Intercultural Conict wascalled into life with the objective of de-escalation, prevention of violence and promotionof respect as well as the mutual understanding of foreign cultures. This is an initiative bythe Austrian Integration Fund (IF), the Federal Ministry of the Interior (BM.I) and theFederal Ministry of Health and Womens Issues.

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    9.Points of contact for questions related torights of residence(residences for more than 6 months), certi-

    cation procedure,Hosting Agreement:Federal Ministry of the Interior, Department III/4:phone +43 (0)1/53126-0, e-mail:[email protected], www.bmi.gv.at

    for questions related to visas,entry without the need for a visa(residence shorter than6 months):

    Federal Ministry of the Interior, Department II/3:phone +43 (0)1/53126-0; e-mail: [email protected], www.bmi.gv.at

    Federal Ministry of European and International Affairs, Department IV.2:phone +43 (0)50 11 50-0; e-mail:[email protected], www.bmeia.gv.at

    for questions related to employment activity, employment:

    Federal Ministry of Economics and Labour, Department II/7:phone +43 (0)1/71100-5555, e-mail:[email protected], www.bmwa.gv.at

    for questions related to research projects and residences in Austria, etc:

    sterreichische Forschungsfrderungsgesellschaft:phone +43 (0)5 7755-0, e-mail:offi [email protected], www.ffg.at

    Austrian Agency for International Cooperation in Education and Research (OeAD):phone +43 (0)1/53408-201, e-mail:[email protected], www.oead.at

    Austrian Chamber of Economics:phone +43 (0)5 90 900-0, e-mail:[email protected], www.wko.at/innovation

    abroad:

    Austrian embassies and consulates general:www.bmeia.gv.at/aussenministerium/buergerservice/oesterreichische-vertretungen

    scholarships and research grants:

    www.grants.at

    http://www.bmi.gv.at/cms/bmi_niederlassung/http://www.bmi.gv.at/cms/bmi_fremdenpolizei/http://www.bmi.gv.at/cms/bmi_fremdenpolizei/http://www.bmeia.gv.at/en/foreign-ministry/foreign-ministry.htmlhttp://www.bmsk.gv.at/cms/site/liste.html?channel=CH0690http://www.ffg.at/http://www.ffg.at/http://portal.wko.at/wk/startseite_ch.wk?dstid=0&chid=8http://portal.wko.at/wk/startseite_ch.wk?dstid=0&chid=8http://www.ffg.at/http://www.bmsk.gv.at/cms/site/liste.html?channel=CH0690http://www.bmeia.gv.at/en/foreign-ministry/foreign-ministry.htmlhttp://www.bmi.gv.at/cms/bmi_fremdenpolizei/http://www.bmi.gv.at/cms/bmi_niederlassung/
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    10.List of EU, EEA and Schengen states10.1. EU states (European Union)

    Austria Germany MaltaBelgium Great Britain NetherlandsBulgaria* Greece Poland*Cyprus Hungary* PortugalCzech Republic* Ireland Romania*Denmark Italy Slovakia*Estonia* Latvia* Slovenia*Finland Lithuania* SpainFrance Luxembourg Sweden

    All citizens from the states marked with* require an employment permit as key worker if they are aiming forpermanent settlement and/or free access to the labour market in Austria; otherwise they do not require an em-ployment permit for their work within research.

    10.2. EEA states (European Economic Area)

    All member states of the European Union plusIceland, Liechtenstein and Norway

    10.3. Schengen states 5

    Austria Greece NetherlandsBelgium Hungary PolandCzech Republic Iceland PortugalDenmark Italy SlovakiaEstonia Latvia SloveniaFinland Lithuania SpainFrance Luxembourg SwedenGermany Malta SwitzerlandSwitzerland Norway

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    11.Glossary and list of links1. Conrmation of Registration: serves for documentation of the right to reside and

    settle for EEA citizens under Community law.2. Application form: forms for the purpose of application for a right of residence and/

    or a documentation (e.g.Conrmation of Registrationfor EEA/Swiss citizens) can befound onwww.bmi.gv.at/cms/BMI_Niederlassung/formulare/Antragsformulare.aspx,forms for the purpose of application for a visa can be retrieved onwww.bmeia.gv.at/leadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdf

    3. Employers certicate: the employers certicate must be completed by the employ-er of the key worker; this represents an integrated part of the application for issuanceof a Settlement Permit Key Worker and must be submitted to the settlement au-thority by the employer. The employers certicate can be found onwww.bmi.gv.at/downloadarea/niederlassung/NiederlassungsbewilligungSchlues-selkraft/Arbeitgeber.pdf

    4. Employment services: responsible for the issuance of documents related to labourmarket law (e.g. employment permit). Further information can be found on:www.ams.or.at

    5. Residence permit: for a temporary/time-limited residence within the territory of

    Austria for a specic purpose, with the option of obtaining asettlement permitafter-wards6. Rights of residence: entitle athird-country nationalto a permanent stay in Austria

    for more than 6 months; the following rights of residence are available especially forresearchers:a. Settlement permit: for time-limitedsettlementwithin the territory of Austria for

    a specic purpose and which is not just temporary, with the possibility of obtain-ing a right of residence Long-Term Residents EC Residence Permit (see c.) after-wardsI. Settlement permit for the residence purpose as key worker (Settlement Per-

    mit Key Worker)II Settlement permitfor the residence purpose unrestricted (Settlement Permit

    unrestricted)b. Residence permit: for a temporary time-limited residence within the territory of

    Austria for a specic purpose, with the option of obtaining asettlement permit afterwardsI. Residence permitfor the residence purpose as researcher (Residence Permit

    Researcher)II.Residence permitfor the purpose special cases of employment activity(Residence Permit Special Cases of Paid Employment)

    c. Right of residence Long-Term Residents EC Residence Permit: for documenta-

    http://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmeia.gv.at/fileadmin/user_upload/bmeia/media/5-Buergerservice_Zentrale/ReiseGrenzverkehr/Visa_application.pdfhttp://www.bmi.gv.at/cms/BMI_Niederlassung/formulare/files/NL_schluessel/Arbeitgeber.pdfhttp://www.bmi.gv.at/cms/BMI_Niederlassung/formulare/files/NL_schluessel/Arbeitgeber.pdfh