Studies

This study sheds light on detention pending removal and alternatives to detention in Austria. In Austria, detention pending removal can only be imposed on individuals where the purpose of detention (i.e. securing the procedure for issuing a measure to terminate a residence permit) cannot be achieved by means of an alternative. The brief report explains the legal basis for the alternatives, analyzes current statistics, and addresses benefits as well as challenges. It also looks at health care, support services, consideration of vulnerable groups, and the complaint process.

This study focuses on the types of data that are collected on asylum seekers in Austria, from the moment when an application is lodged and until a first-instance decision is issued, and how the data are managed. Recent developments and trends relating to data management are described and the challenges and good practices that have previously emerged in Austria in the area of data collection and management are discussed.

This study sheds light on the phenomenon of long-term irregular staying persons in Austria. Even though the topic of irregular migration regularly recurs in political and media debates, Austrian policymakers only have selectively focussed on the issue. The report examines the approaches taken by the responsible authorities to avoid and mitigate situations of irregularity and the social consequences for the third-country nationals concerned. In addition, the measures taken for irregular staying persons in relation to the COVID-19-pandemic are analyzed.

This EMN-report highlights Member States' progress in implementing the EU Communication on the Protection Children in Migration. The 2017 Communication sets out measures to strengthen the protection of children at all stages of migration at national and EU level. The report focuses on progress in 2019 in areas such as identification, accommodation and procedural safeguards.

This study provides an overview of Austria’s experience with the admission and employment of seasonal workers from third countries since 2016. The first part of the study describes in detail the Austrian seasonal workers model and related data. The study begins with the question of the extent to which seasonal workers are needed to meet Austria’s labour demands. The second part describes the rights and duties of seasonal and harvest workers, while also discussing the corresponding means of upholding and implementing these in Austria. In view of the current situation, the study finally addresses the impact of the COVID-19 pandemic on the employment of seasonal workers from third countries.

This study aims to examine the acquisition of citizenship by foreigners in Austria. The focus lies on the naturalization of “new migrants”, i.e. the foreigners who have no pre-existing ties to Austria . Amongst others, the study looks at the naturalization requirements and the procedure for determining whether these requirements are met. Temporally, the study focuses on the present, although political and legal developments in the past five years are also considered.

The subject of this study compromises those national protection statuses that have not been harmonized through EU-legislation but are based on provisions of national law. At first, discretionary grounds and humanitarian considerations, on the basis of which a national protection status can be granted, are examined with regard to practices and the legal situation in Austria. Moreover, possible statuses in the context of admission programmes are specifically dealt with. The study also provides an overview of the provisions, practices and rights relating to the “Residence Title for Particularly Exceptional Circumstances”, a non-EU-harmonized protection status that exists in Austria. Finally, the study takes a look at the public debates and key challenges in this area.

The study examines in detail the migratory pathways open to third-country start-up founders and innovative entrepreneurs who wish to become established in Austria. The main focus is on identifying the various conditions and factors influencing the success of efforts to attract and retain such businesses as well as describing the migratory pathways. We also address the challenges and good practices as well as public debates and the existing evaluations of this issue. The period under study spans 2014–2018.

The study examines the legal and political framework as well as concrete measures for attracting and retaining international students in Austria. The analysis focuses particularly on the conditions of entry and residence, concrete rights and the higher education system regarding international students in Austria. Moreover, the study looks at residence options for international graduates and their subsequent labor market integration. Finally, the study explores transnational cooperation in the higher education sector.

The study deals with the question whether international protection may be withdrawn in Austria after a person who has been granted international protection travelled to their country of origin or established contact with the authorities of their country of origin. The study therefore covers the precise legal provisions applying to the withdrawal of both asylum status as well as subsidiary protection status; these provisions set out the specific conditions for withdrawing either status and also specify the consequences resulting from withdrawal. In addition, the national report presents one case example as well as specific examples relating to withdrawal of protection status, illustrating official decisions in practice and court rulings.