Austria's Open Door Policy: Refugees Welcome?

Austria is a signatory to the Geneva Convention on Refugees, which requires countries to recognise people as refugees if they have fled their country due to a well-founded fear of persecution based on their ethnicity, religion, nationality, political beliefs, or membership of a particular social group. As a result, Austria does accept refugees, and in 2022, the country received the fourth-highest number of asylum applications among EU member states. However, the process of seeking asylum in Austria is complex, and asylum seekers face numerous challenges and restrictions on their rights and freedoms.

Asylum-seekers' rights and obligations

Austria does accept refugees, and asylum seekers do have rights and obligations.

Rights of Asylum Seekers in Austria:

• Asylum seekers have the right to receive information about their asylum application, rights, and duties in a language they understand.
• They have the right to access basic assistance, including shelter, food, and primary health care.
• Asylum seekers are allowed to legally reside in Austria until the asylum authority and court have reached a decision. This means they cannot be returned to another country against their will while awaiting the final decision.
• Children of asylum seekers can attend school until at least the age of 15.
• Asylum seekers can visit other Austrian provinces but cannot take up residence in a province other than the one assigned to them.

Obligations of Asylum Seekers in Austria:

• Asylum seekers must respect and follow Austrian laws. Non-compliance may result in the suspension of their rights and criminal proceedings.
• They are obliged to cooperate fully with the Austrian authorities and appear for all meetings and interviews.
• Asylum seekers must disclose cash money exceeding 120€ upon application, up to a maximum of 840€, which will be used to cover accommodation costs. Any remaining amount will be returned.
• They must allow the Austrian authorities to take and process data storage devices, such as mobile phones, to determine their identity and travel route to Austria. These devices will be returned as soon as possible after data processing.
• Asylum seekers must immediately inform the asylum office of any address changes.
• They are required to remain in Austria during the application process. Leaving the country without permission may result in their return to Austria by the authorities of the visited country.
• Asylum seekers cannot permanently move to another Austrian province, even if granted subsidiary protection, until their refugee status appeal is finalized.
• If leaving their accommodation for more than 48 hours, they may be required to inform the staff or owner.

Border controls and entry into Austria

Austria is part of the Schengen area, meaning you can enter the country without a visa in some cases. However, entry and exit conditions can change at short notice, so it is important to check the latest information before travelling.

Entry Requirements

Austria follows Schengen area rules. Your passport must:

• Have a 'date of issue' less than 10 years before the date you arrive.
• Have an 'expiry date' at least 3 months after the day you plan to leave the Schengen area.

You can travel without a visa to the Schengen area, which includes Austria, for up to 90 days in any 180-day period. This applies if you travel:

• To visit family or friends.
• To attend business meetings, cultural or sports events.
• For short-term studies or training.

If you are travelling to other Schengen countries as well, make sure your whole visit is within the 90-day limit. Visits to Schengen countries within the 180 days before you travel count towards your 90 days. If you overstay the 90-day visa-free limit, you may be banned from entering Schengen countries for up to 3 years.

Make sure you get your passport stamped on entry and exit.

At Austrian border control, you may need to:

• Show proof of your accommodation, for example, a hotel booking confirmation or proof of address for a second home.
• Show proof of your travel insurance.
• Show a return or onward ticket.
• Prove that you have enough money for your stay.

Border Controls

Austria has implemented temporary border controls at its internal borders with Hungary, Slovenia, Slovakia, and the Czech Republic. These controls have been extended until May 11, 2023.

There are also temporary border controls in place to travel into Germany.

COVID-19 Entry Requirements

Austria has lifted all COVID-19 travel restrictions. Travellers are not required to provide proof of vaccination, recovery from COVID-19, or a negative test result. However, persons fleeing armed conflict are exempt from COVID-19 travel entry rules.

Other Entry Requirements

There are strict rules about goods that can be brought into and taken out of Austria. You must declare anything that may be prohibited or subject to tax or duty. You cannot take meat, milk, or products containing them into EU countries. There are some exceptions, such as powdered baby milk, baby food, and special foods or pet feed required for medical reasons.

Declare cash or travellers' cheques if the value is €10,000 or more. You will get a certified declaration to show that you brought it with you. If you do not, your money could be seized when you leave.

Social benefits and welfare

Austria's welfare system covers a broad range of social risks, most of which are covered by a compulsory social insurance system. The system is employment-based, with eligibility usually tied to current or former legal employment. Nationality is of minor importance once legal employment has been achieved, and for tax-financed benefits, legal residence in Austria can be proven.

Asylum Seekers

Asylum seekers in Austria have the right to "basic care", which includes health insurance, food, pocket money, money for clothing, and accommodation. This is significantly lower than the needs-based minimum benefit to which recognised refugees are entitled. Asylum seekers are entitled to basic care immediately after lodging their asylum application until a final decision is made.

Refugees

Refugees are entitled to the needs-based minimum benefit, which is significantly higher than the basic care provided to asylum seekers. However, there are differences in the implementation of this policy across federal provinces. For example, Burgenland, Lower Austria, Salzburg, and Styria do not provide needs-based minimum benefits to beneficiaries of subsidiary protection but only provide "core benefits" under their Basic Care legislation.

In Lower Austria, refugees receive lower amounts of needs-based benefits than nationals. Nationals receive €889.84, while refugees receive €522.50, including a bonus of €155 granted when they take part in integration measures such as language courses.

Migrants

Migrants' access to social protection in Austria depends on their legal employment status and residence permit. While reforms under the previous government restricted migrants' access to full benefits, it is unclear if the coalition formed in January 2020 will continue this approach.

Language Requirements

In 2019, the Austrian government passed a welfare reform that reduced benefits for foreigners who could not prove intermediate German or advanced English skills. This was criticised by opposition parties and the UNHCR as unjustified discrimination that violated the Geneva Refugee Convention of 1951 and the EU Qualification Directive (2011/95/EU).

Education and employment

Education

Austria's education system is open to refugee children, but there are some barriers to access. School attendance is mandatory for all children living permanently in Austria until they have finished 9 study cycles, usually completed at age 15. Asylum-seeking children can attend primary and secondary school, but only after their asylum application has been admitted to the regular procedure. While residing in an initial reception centre, school attendance in public schools is not provided. However, preparatory classes are usually set up for children with poor knowledge of the German language.

Access to education for asylum seekers older than 15 can be difficult, as schooling is not compulsory for this age group. Special courses are available for unaccompanied children who have not finished the last mandatory school year, but these are often not free for children who are accompanied by their family.

In Vienna, the youth college provides an educational opportunity for young people and young adults aged 15-25, supporting those who are no longer in compulsory schooling.

Advanced language skills are required for access to higher education. Refugees and those with subsidiary protection have access to public funding for language courses, but these are often provided by for-profit organisations. The Austrian Integration Fund (ÖIF) supports recognised refugees and those with subsidiary protection through funding for literacy and elementary and advanced courses.

Employment

The Aliens Employment Act (AuslBG) states that an employer can obtain an employment permit for an asylum seeker 3 months after the asylum application is admitted to the regular procedure. However, asylum seekers' access to the labour market is restricted by a labour market test, which requires proof that the vacancy cannot be filled by an Austrian citizen, an EU citizen, or a legally residing third-country national.

Asylum seekers may also face challenges due to their lack of resources, such as travel costs for job interviews. They are not registered at the Public Employment Service as unemployed persons, so access to the labour market depends largely on their own initiative and proactivity in job hunting.

Asylum seekers can carry out non-profit activities and receive remuneration, with a monthly income limit of €600. They are also allowed to do unpaid voluntary work for companies and complete practical experience and internships within the framework of their training in vocational or secondary schools.

Asylum seekers with valid work permits can work in private households, performing tasks such as gardening, cleaning, or childcare. They can also be self-employed, but they lose their entitlement to basic services when they register a trade.

While Austria provides some access to education and employment for refugees, there are still significant challenges and restrictions in place. Language barriers, financial constraints, and complex bureaucratic processes can hinder refugees' ability to fully integrate into Austrian society through education and employment opportunities.

Austrian citizenship

Austria does accept refugees, as it is a signatory to the Geneva Convention on Refugees, which makes it compulsory for countries to recognize people as refugees if they have fled their country due to a justified fear of persecution for ethnic, religious, or political reasons, or due to their nationality or membership of a certain social group.

Now, here is some detailed information about acquiring Austrian citizenship:

• Descent: Children automatically become Austrian citizens if their mother is an Austrian citizen. If the parents are married and only the father is an Austrian citizen, the child acquires citizenship at birth. If the parents are not married and only the father is Austrian, he must recognize his parenthood within eight weeks of the child's birth or have his fatherhood determined by a court. In this case, the child may be granted citizenship through a simplified procedure. If the parents are of different nationalities and the non-Austrian parent's country also foresees jus sanguinis (like Austria), the child will have dual citizenship.
• Award: For citizenship by award, the general requirements for naturalization must be fulfilled, and an application must be filed. These requirements include:
• At least 10 years of legal and continuous residence in Austria, with a minimum of 5 years holding a residence permit.
• No criminal record or pending criminal actions in Austria or abroad.
• Sufficient financial means and secure income.
• Sufficient knowledge of the German language and Austrian history and political system.
• A positive attitude towards the Republic of Austria and no close relationship to extremist or terrorist groups.
• Extension of Award: This category includes situations where individuals may have a legal claim to citizenship or where the authorities use their discretion. For example:
• Marriage: A non-Austrian spouse of an Austrian national may obtain citizenship if they have lived in Austria for at least six years and have been married for at least five years. The spouse must renounce their previous citizenship.
• Long-Term Residence: Aliens have the right to obtain citizenship if they have lived in Austria permanently for at least 30 years or at least 15 years with successful personal and professional integration.
• Victims of the National Socialist Regime: In 2019, Austria amended its citizenship law to allow victims of the National Socialist regime and their descendants to acquire citizenship by declaration without giving up their current citizenship.

It is important to note that the process of acquiring Austrian citizenship can be complex, and specific requirements may vary depending on individual circumstances. For detailed information, it is recommended to contact the relevant Austrian authorities or seek legal advice.

Frequently asked questions