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The Austrian government has lifted all COVID-related entry requirements for those traveling to the country.
Key Points:
Additional Information: In case of new virus variant, an “emergency brake” can be applied to the lifting of entry requirements. More information regarding the Austria’s decision to lift entry requirements is available here.
BAL Analysis: COVID-19 entry requirements no longer apply to those traveling to the Austria. The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.
This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – MEDIUM
The Austrian government has eased its COVID-19 entry requirements.
Additional information: Children under the age of 12 are exempt from Austria’s COVID-19 entry requirements. More information regarding Austria’s COVID-19 entry and health requirements is available here.
BAL Analysis: The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.
Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
The Austrian government has increased EU Blue Card salary requirements for 2022.
Additional information: Individuals who hold an EU Blue Card and have worked for at least 21 months in the last 24 months under the EU Blue Card criteria can apply for a Red-White-Red Card plus. More information on the Red-White-Red Card plus is available here.
BAL Analysis: Employers must meet the new salary minimums for both first-time and renewal EU Blue Card applicants. The new salary thresholds will not apply to workers who received their existing EU Blue Card before Jan. 1, 2022. Applications that were filed but not processed before Jan. 1 may be affected by the new salary requirements. Austrian employers should take note of the change and adjust their budgets accordingly.
Italian authorities have eased restrictions on travel from Austria, Israel and the United Kingdom and implemented new quarantine procedures for travel from within the European Union.
Analysis & Comments: While authorities have eased restrictions on travel from Austria, Israel and the United Kingdom, testing and quarantine requirements from these and other “List C” countries will remain in place at least until the end of the month. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available.
Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States, which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? Austria has introduced an integration exam for non-EU/EEA nationals who are required to complete an integration agreement.
What does the change mean? The integration exam has been added to Module 1 and Module 2 of the integration agreement requirements, and tests for basic knowledge of Austria’s legal and social system at a certain German language level.
Background: Most non-EU/EEA nationals who apply for a residence permit and intend to stay in Austria for more than 24 months must sign an integration agreement to ensure that they have basic German language skills, enabling them to integrate into social, economic and cultural life in Austria. Module 1 is compulsory for those who are granted Red-White-Red cards and RWR cards plus, several categories of settlement permits and family member permits. Module 2 is generally required for long-term resident applicants and citizenship applicants. There are exemptions for each module.
BAL Analysis: Non-EU/EEA nationals should factor in this additional step, which requires evidence by the Austrian Integration Fund that they have successfully completed an integration exam (Integration Exam Certificate at least at A2 level for Module 1 and at B1 level for Module 2, according to the Common European Framework of Reference for Languages), or equivalent evidence as issued by institutions that have been certified by the Integration Fund. Fines may be imposed if an applicant has not fulfilled Module 1 of the integration agreement.
This alert has been provided by the BAL Global Practice group and our network provider located in Austria. For additional information, please contact your BAL attorney.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Austria’s new right-wing coalition government has proposed plans to impose monetary sanctions on immigrants who maintain their own culture and do not integrate into Austrian society.
What does the change mean? Foreign nationals should expect new requirements regarding their knowledge of Austrian culture and participation in the mainstream society.
Background: The newly formed government is a coalition between the conservative People’s Party and the hard-right anti-immigration Freedom Party, with the latter taking control of the Defense Ministry, the Ministry of Interior and the Foreign Ministry. Both parties agreed to a plan that seeks to prevent “parallel societies” and would impose “sanctions” on foreign nationals who “refuse to integrate”
The plan would also reduce support payments to asylum seekers unless they earn bonus points for integrating into Austrian society, accelerate deportations of undocumented immigrants, and end illegal migration.
BAL Analysis: While details of the plan are not concrete at this point, employers and foreign nationals should anticipate tighter immigration controls in Austria under the new government and new rules on the integration of expatriate workers.
This alert has been provided by the BAL Global Practice group and our network provider located in Austrian. For additional information, please contact your BAL attorney.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Austria has increased its minimum salary requirements for 2017 for foreign workers employed under EU Blue Cards and Red-White-Red Cards.
What does the change mean? The following gross monthly salary minimums are applicable for 2017:
BAL Analysis: Employers should make sure they comply with the new salary thresholds for high-skilled foreign workers coming to Austria in 2017 on Red-White-Red Cards or EU Blue Cards.
When traveling to Austria, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.
As a business visitor to Austria, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:
Nationals of the European Union, the United States and many other select countries are eligible for a visa waiver and are not required to obtain a visa in order to enter and conduct business activities in Austria.
Austria is a member of the Schengen Area, a free-travel zone comprised of 29 European countries. If your nationality is not eligible for a visa waiver in the Schengen Area, you will be required to obtain a Schengen Visa prior to travel. Visa-waivered nationals, as well as those who are required to obtain a visa, are authorized to travel to Austria and throughout the Schengen Area. Please note that travelers may not spend more than 90 days within any 180-day period inside the Schengen Area.
The activities below, whether paid or unpaid, generally constitute work under Austrian law. This list is not exhaustive, and many other professional activities are considered work in Austria, even if conducted for a short duration.
In limited circumstances, foreign nationals may engage in certain professional activities without obtaining work authorization while on assignment under the Van der Elst rules, although strict preconditions must be met. An individual assessment is required before deciding whether an assignment exemption is applicable.
The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in Austria. The most common types of work authorization for Austria are:
Nationals from the European Union, the European Economic Area, and Switzerland and third-country nationals who are dependents of an EU/EEA/Swiss national, are not required to obtain work authorization in order to work in Austria. Additional groups, including scientific researchers, foreign media correspondents, and select exchange students may be eligible for work authorization exemptions. However, registrations or other formalities may be required prior to working or residing in Austria. Please consult your immigration counsel prior to travel to determine your eligibility for an exemption.
The Trade and Cooperation Agreement (TCA), which governs post-Brexit relations between the EU and the U.K., has altered immigration regulations in the affected countries. Please be sure to contact your immigration representative for full details regarding the TCA’s impact in Austria.
Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.
What is the change? Effective Jan. 1, Austrian officials will begin checking to ensure that EEA- and Swiss-based employers are making remuneration, holiday and overtime payments to foreign employees if collective bargaining or other legal agreements require those payments. The government will also require that company documents such as employment agreements and pay records be kept in German.
What does the change mean? EEA- and Swiss-based employers should ensure that they are in compliance with agreements on remuneration, holiday and overtime pay and that copies of employment agreements and pay records are in German.
Background: The changes are a result of a Dec. 16 amendment to a 2011 law, which was designed to prevent companies from paying foreign employees lower salaries than Austrian employees. The amendment is aimed at making sure that employers are providing required remuneration, holiday and overtime pay in addition to meeting base salary requirements. It is also designed to make it easier for government officials to inspect for compliance by requiring that company documents be kept in German, as opposed to other languages.
BAL Analysis: Employers should conduct compliance checks now. The fines for noncompliance are stiff, ranging from €500 to €10,000 for first-time offenses. Violations include paying foreign employees less than is required, refusing to provide documents for inspection, and refusing to admit control officers onto company property.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.