Austria: Decree of the Federal Minister of the Interior No. 418 of 1997 Concerning the Implementation of the Aliens Act (1997 Aliens Act Implementing Regulations - FrG-DV) (not in force)

The following regulations are issued pursuant to the 1997 Aliens Act, Federal Law Gazette (FLG) No. 75/1997 (with regard to articles 1, 2 and 4 below, in agreement with the Federal Minister for Foreign Affairs):

Article 1.          Exceptions to the visa requirement in the public interests

(1)        Third-country nationals shall be exempt from the visa requirement for the duration of any journey which they have been invited to undertake as guests of the Federal President, a President of the National Council, the President of the Federal Council, the Federal Government, a member of the Federal Government or the Head of a Provincial Government, such exemption applying also to persons accompanying such guests during that journey.

(2)        Border control officials who are third-country nationals shall be exempt from the visa requirement for the duration of any stay required for the performance of official duties in the federal territory.

(3)        Exemption from the visa requirement shall be granted, for the duration of any transit, to third-country nationals:

1.         Who, owing to temporary blockage of a route outside Austria, make use of the nearest route within the federal territory in order to continue their journey from one foreign country to another via the federal territory;

2.         Who participate in sports events encompassing more than one State, if in connection with any such event they pass through the federal territory;

3.         Who pass through the federal territory as crew members or passengers of vessels, provided that they do not disembark from the vessel during its stay in the federal territory;

4.         Who pass through the federal territory as crew members or passengers of trains, provided that it is not possible to alight from the train during its passage through the federal territory.

(4)        The following persons shall further be exempt from the visa requirement:

1.         Nationals of the United States of America;

2.         Nationals of Venezuela;

3.         Holders of diplomatic or official passports of the Holy See, and holders of ordinary passports of the Vatican City State;

4.         Holders of diplomatic passports of the Sovereign Order of the Knights of Malta;

5.         Holders of United Nations laissez-passer;

6.         Holders of European Community identification documents.

(5)        Aliens who are exempt from the visa requirement by reason of a ministerial ordinance issued in accordance with article 28 (3) of the Aliens Act, except in the cases referred to in subparagraphs 6 and 7 of paragraph (4) above, shall, however, for a period of one year following a rejection at the border, forcible return, or expulsion pursuant to subparagraph 3 of paragraph 2 of article 52 of the Aliens Act, require a visa for entry into and residence in the federal territory.

Article 2.          Residence authorization following visa-exempt entry

Residence authorizations may be granted following visa-exempt entry to:

1.         Nationals of the United States of America;

2.         Third-country nationals who as frontier workers have been issued with an assurance attestation (i. e. attestation indicating the type and number of aliens having a prospect of being granted a work permit if the requirements are met; annotation of the translator) or an employment authorization pursuant to the Aliens Employment Act (AuslBG).

Article 3.          External form of visas and residence authorizations

(1)        Visas shall be issued in the form of a visa stamp in accordance with Council Regulation (EC) No. 1683/95 of 29 May 1995 laying down a uniform format for visas, Official Journal of the European Communities No. L 164/1995.

(2)        Residence authorizations shall be issued in the form of a sticker in accordance with the joint action of 16 December 1996 adopted by the Council of the European Union concerning a uniform format for residence permits, Official Journal of the European Communities No. L 7/1997.

Article 4.          Purposes of residence granted under residence authorizations

(1)        A residence permit may be issued solely for the following purposes of residence:

1.         Student

2.         Joining the household of a family member who is a student

3.         Schoolchild

4.         Joining the household of a family member who is a schoolchild

5.         Person employed under a rotation system

6.         Joining the household of a family member who is a person employed under a rotation system

7.         Unpaid trainee

8.         Frontier worker

9.         Commuter

10.        Seasonal worker

11.        Person on business assignment

12.        Self-employed person without an established residence

13.        Residence on humanitarian grounds

(2)        A settlement permit may be issued solely for the following purposes of residence:

1.         Any purpose of residence

2.         Joining the household of a family member who is an EEA citizen

3.         Joining the household of a family member who is an Austrian national

4.         Any purpose of residence except for the pursuit of a gainful occupation in a non-self-employed capacity

5.         Joining the household of a family member except for the pursuit of a gainful occupation in a non-self-employed capacity

6.         Joining the household of a family member except for the pursuit of a gainful occupation

7.         Private residence

8.         Media employee in the service of a foreign media organization

9.         Performing artist

10.        Pursuit of a gainful occupation in a non-self-employed capacity excluded from the scope of the Aliens Employment Act

(3)        Residence authorizations shall be designated as residence permits or settlement permits , and the corresponding purpose of residence shall be indicated thereon.

Article 5.          Air transit visas

(1)        Nationals of the following States, and third-country nationals whose travel documents have been issued by any of the following States, shall require an air transit visa for transit through an Austrian airport, unless they are already in possession of another visa or a residence authorization:

(2)        Third-country nationals as referred to in paragraph (1) above shall not require an air transit visa if, for the duration of their stay in transit, they are in possession of:

1.         A residence authorization from Andorra, Japan, Canada, Monaco, San Marino, Switzerland, the Vatican City State or the United States of America guaranteeing unconditional right of return;

2.         A visa or residence authorization of a contracting State (article 1, paragraph (8), of the Aliens Act), or

3.         A residence authorization of an EEA member State.

Article 6.          Carriers obligations in connection with expulsion security measures

(1)        The particulars to be communicated by the carrier in connection with a measure ensuring the rejection at the border (article 53, paragraph (3), of the Aliens Act) are as follows:

1.         The name, date and place of birth, address and nationality of the alien,

2.         The type, period of validity, issuing authority and date of issue of the travel document,

3.         The type, period of validity, issuing authority and date of issue of the visa or residence authorization.

(2)        The particulars specified in paragraph (1) above shall be communicated without delay, and at the latest within three days of request. They may be communicated by the submission of photocopies of the documents or by the use of a printed form made available to the carrier.

Article 7.          Information for carriers

(1)        The Federal Minister of the Interior shall inform a carrier, upon request, of those States whose nationals require a visa for entry into Austria.

(2)        The Federal Minister of the Interior shall inform a carrier, upon request, of an office to which the particulars may be communicated at any time.

(3)        The authority shall, at the request of the carrier, issue and present to the carrier a document in respect of an alien's entry refusal in accordance with international practice.

Article 8.          Alien's identity cards with photograph

(1)        Alien's identity cards with photograph shall be issued in conformity with the specimen appearing in appendix A.

(2)        EEA citizen's identity cards with photograph shall be issued in conformity with the specimen appearing in appendix B.

Article 9.          Authorization to issue visas and visa invalidity declarations at specified border crossing points

The locally competent authorities shall be empowered to issue visas and to declare visas invalid at the following border crossing points:

Article 10.Costs

(1)        The following shall, in particular, be regarded as costs incurred by the authority or the Federal Government in connection with the enforcement of a residence ban, expulsion order or forcible return (article 103, paragraph (1), of the Aliens Act):

1.         Costs in respect of the use of conveyances (e. g., rail, bus or air tickets),

2.         Costs in respect of escort by officials of the public security service,

3.         Costs in respect of out-patient medical care during detention pending expulsion, and

4.         Costs in respect of expenditure in kind (e. g., provision of meals).

(2)        As a contribution to the costs relating to the execution of an order for detention pending deportation (article 103, paragraph (1) of the Aliens Act), the amount payable for each day (or part thereof) shall be that payable by detainees held in administrative custody in respect of the execution of administrative penalties of imprisonment. As a contribution to the costs of accommodation in premises specified by the authority (article 66, paragraph (2), of the Aliens Act), the amount payable for each day (or part thereof) shall be that incurred by the authority in respect thereof.

(3)        Costs of transit shall be determined by the applicable transit agreement.

Article 11.Final provisions

(1)        The present Decree shall enter into force on 1 January 1998. Articles 1 to 7 and 9 to 12 of the Decree of the Federal Minister of the Interior concerning the Implementation of the Aliens Act, FLG No. 121/1995, last amended by Decree FLG No. 517/1996, shall simultaneously cease to be in force. The abbreviated title of that Decree shall, with effect from the aforementioned date, read: FrG-DV 1994.

Schlögl

APPENDIX A

(Specimen of Alien's identity card)

[not reproduced here]

APPENDIX B

(Specimen of EEA citizen's identity card)

[not reproduced here]