Settlement and Residence Act

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Basic data
Title: Settlement and Residence Act
Long title: Federal law on settlement and residence in Austria
Abbreviation: NAG
Type: Federal law
Scope: Republic of Austria
Legal matter: Aliens Law ( Aliens Law )
Reference: BGBl. I No. 100/2005
Date of law: August 16, 2005
Effective date: January 1, 2006
Last change: BGBl. I No. 14/2019
Legal text: NAG
Please note the note on the applicable legal version !

The Settlement and Residence Act  (NAG) is an Austrian federal law that regulates the issuing, refusal and withdrawal of residence permits from foreigners who want to stay in Austria for more than six months . It also regulates the documentation of the right of residence of citizens of the European Economic Area under Union law . Stays of less than six months are regulated across Europe by Regulation (EU) 2018/1806 (EU Visa Regulation) . The Aliens Police Act 2005 (FPG), on the other hand, does not deal with residence permits, but with the procedure: It regulates the exercise of the aliens police, the issuing of entry permits, the rejection, the issuing of measures to terminate the residence, the deportation, the tolerance, the enforcement of return decisions of EEA countries and the issuing of documents to foreigners.

The original version of the NAG came into force on January 1, 2006.

History of origin

The NAG was enacted as Article 4 of the 2005 Aliens Law Package , with which not only the right of settlement and residence but also the right of asylum ( Asylum Act 2005 ) was redesigned. It replaced the Aliens Act 1997 (Art. 5 Aliens Law Package 2005).

structure

The law is divided into a general part (sections 1 to 40) and a special section (sections 41 to 76) as well as a final section with penal, final and transitional provisions (sections 77 to 83).

general part

The general part contains information on the scope and definitions (Sections 1 and 2), authority responsibilities (Sections 3 to 7), information on residence and settlement permits (Sections 8 to 10), general requirements for a residence permit (Sections 11 to 16 ), Statements on integration promotion and the integration advisory board (Sections 17 and 18), procedural regulations (Sections 19 to 33) and regulations on the use of personal data (Sections 34 to 40).

special part

The special section regulates the individual residence permits for third-country nationals and their requirements (Sections 41 to 46). A second main part deals with family reunification (§ 47). A third main part (Sections 49 to 50 a) regulates the settlement of long-term residents or highly qualified third-country nationals from other Member States and their family members. The fourth section deals with the right of residence under Union law and the documents issued for this purpose (Sections 51 to 57). The fifth main section (Sections 58 to 69) regulates residence permits for different purposes of residence. A sixth main part deals with the certification of non-school and research institutions (§§ 70 to 71).

Final part

The final part (§§ 77 to 83) provides criminal provisions and sanctions for administrative offenses (§ 77). Section 81 contains transitional provisions for the continued validity of residence rights.

Implementing regulation

The Settlement and Residence Act Implementation Ordinance (NAG-DV) has been issued for the NAG.

See also

literature

  • Norbert Kutscher, Nora Poschalko, Christian Schmalzl: Settlement and Residence Act , Manz'Sche Publishing and University Bookstore, March 2006
  • Rudolf Feik: Aliens Law , in: Susanne Bachmann, Gerhard Baumgartner, Rudolf Feik, Karim Giese, Dietmar Jahnel, Georg Lienbacher (editors): Special Administrative Law (Springer's short textbooks on law), Springer Vienna; 8th updated edition, 2010

Web links