New Austrian Residency Act (1)
01 January 1991
New Austrian Residency Act
artdoc August=1993
A month after the Austrian Residency Act came into effect (1 July
1993) it is becoming clear which groups of non-nationals will be
most adversely effected by the new law. The law was ostensibly
passed to facilitate the immigration of up to 20,000 `guest
workers' per year in line with the government's policy of
`compensatory migration'. In practice the Residency Act is being
used mainly to remove newly unemployed non-nationals and their
families.
Under the Act any non-national wanting to emigrate to Austria
must apply in their native country - citizens of the new European
Economic Area countries (EEA), consisting of all EC and EFTA
countries (with the exception of Switzerland), are excluded. The
Social Attache at Austrian embassies checks to see if there is
any need for additional labour in the particular industry and
province in which the applicant wishes to work. The availability
of housing is also taken into account. If work and housing are
available and the annual quota has not been filled, the applicant
will be given a one year work permit and residency visa which
allows them to enter Austria as a `guest worker'. `Guest workers'
will only be able to bring their families with them after they
have been employed in the country for at least two years and have
to be able to provide accommodation and financial support for
them. Non-EEA nationals entering Austria on students and tourist
visas and those applying for asylum will not be able to convert
their status to that of `guest worker'. Seasonal workers in the
tourism, agricultural and construction industries do not receive
this status either.
The Ministries of Social Affairs, the Interior, and Education
(all headed by Social Democrats) hope the new law will
`compensate' any lack of workers in future years and enable them
to direct applicants to the industry and locality where they are
most needed. At the same time the intention is strictly limit
immigration and the costs placed on the welfare state. The policy
of `compensatory migration' was developed in the late 1980s by
a group of Viennese social scientists close to the Social
Democratic Minister of the Interior, Franz Loschnak. The idea is
strongly supported by trade union leaders, the university
establishment and large sections of the Social Democratic and
Green parties.
Effects of the Act
In practice, the Residency Act is now being used to remove
unwanted `guest workers' from the country who have, according to
the government, overstayed their welcome. Paragraph 8 of the new
law allows officials not only to periodically check the
availability of housing and work for prospective immigrants but
also to assess the incomes and housing conditions of `guest
workers' already resident in the country prior to the law coming
into effect. Within days of the Act becoming law the first cases
of pending deportation were documented. `Guest workers' whose
incomes or housing conditions are under a federally determined
`regional norm' must be deported. This is estimated to effect
over 100,000 non-nationals living legally in Austria. The fact
that hundreds of thousands of Austrian citizens also live under
the `regional norms' seems to have no bearing.
The rationale behind the new policy seem to stem from Austria's
membership of EEA. Whereas non-EEA nationals comprise 93% of the
`guest worker' population in Austria, the percentage in the other
countries ranges between 30-60%. The Minister of Social Affairs,
Joseph Hesoun, hopes to reduce the non-EEA population - made up
of Serbs, Bosnians, Turks, Croats and Kurds - by 20% over the
next few months. By reducing the present largely Muslim and
Eastern Orthodox immigrant populations the Austrian government
intend to make room for `culturally acceptable' nationalities
such as Spanish and Italians.
It is almost impossible for `guest workers' to get Austrian
citizenship with se