New Austrian Residency Act
01 July 2003
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 second and third generation immigrants having to retain the nationality of their parents and grandparents. Thi