[excerpt]

FEDERAL LAW CONCERNING THE ENTRY, RESIDENCE AND SETTLEMENT OF ALIENS (1997 ALIENS ACT), amended 2002

Date of entry into force 01 January 2003

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Integration Agreement

Article 50a(1) Third-country nationals who settled in Austria under a first settlement permit after January 1, 1998 or who are granted a first settlement permit after January 1, 2003 shall be required to enter into, and comply with, an integration agreement. The period for compliance with the integration agreement shall start on the day of issuance of the first settlement permit; for third-country nationals who settled in Austria after January 1, 1998 and before January 1, 2003 this period shall start on the date on which subsequent settlement permits relevant for the integration agreement are issued (Article 14, paragraph 3b).

(2) The integration agreement serves the purpose of integrating permanently settled aliens. It has the objective of motivating aliens to acquire a basic knowledge of German (Article 10a of the Austrian Constitutional Act) and the skills that will enable them to participate in the social, economic and cultural life of Austria. This can be achieved through attendance of a German-language integration course.

Exemptions from the Integration Agreement

Article 50b(1) the below-listed categories of aliens shall not be required to enter into an integration agreement:

1.third-country nationals enjoying preferential status who are dependants of EER citizens or Austrian nationals (Article 30, paragraph 2, Articles 47 and 49);

2.infants and school children

3.key professionals (Article 2, paragraph 5 of the Foreign Nationals Employment Act, Article 25 of the same act) and their family members if the latter settle in Austria for less than 24 months;

4.key professionals employed by international groups or research institutions and their family members who intend to settle for more than 24 months, provided that the competent regional advisory council as set forth in Article 12 of the Foreign Nationals Employment Act of the competent province directorate of the Labour Market Service, in accordance with Article 24 of the Foreign Nationals Employment Act, have found that employment of such key professional is of macroeconomic interest.

5.third-country nationals who, because of their advanced age or poor state of health, cannot be reasonably expected to comply with the integration agreement. In such cases the competent medical health officer shall submit an expert opinion to this effect.

6.Third-country nationals who, upon their application for a first residence permit or subsequent residence permits, submit a language diploma (frame of reference A1, Article 50d, paragraphs 1 and 2) as evidence of their capability to participate in the social, economic and cultural life of Austria;

7.Third-party nationals who, taking into account their life circumstances, furnish proof of an adequate knowledge of German (Article 10a of the Administrative Criminal Act (StBG).

8.Third-country nationals and their family members who are exempted from the provisions of the Foreign Nationals Employment Act pursuant to Article 1, paragraph 2, letters i and j of the Foreign Nationals Employment Act and who settle in Austria for a period of less than 36 months.

(1)Integration agreements concluded with third-country nationals who, after conclusion of the agreement, satisfy the preconditions of paragraph 1, numbers 1, 4, 5 or 7, shall become null and void as soon as they do so.

Evidence of Compliance with the Integration Agreement

Article 50c

(1)Aliens who undertook to comply with the provisions of the integration agreement (Article 50a) shall be required to furnish proof of their compliance with the agreement at the latest within four years after issuance of the first settlement permit or within four years of entering into the integration agreement. Aliens exempted from the requirement of entering into an integration agreement (Article 50b) shall furnish proof of their compliance with its provisions.

(2)In view of their circumstances, aliens may be granted a period of grace for complying with the integration agreement into which they entered; however, this period of grace mustnot exceed two years.

(3)For aliens who immigrate after January 1, 2003, the federal state will bear 50% of the costs of a German-language integration course if the alien completes such course within the first year following the issuance of the first residence permit or within an additional period of six months thereafter (Article 14, paragraph 3a). The federal state will bear 25% of the costs if the alien completes the course after the 18^th, but before the end of the 24^thmonth after issuance of the first settlement permit. In the event that the course is not completed until the third year following the issuance of the first settlement permit, the alien shall pay the full costs him or herself, unless a period of grace for compliance with the integration agreement was granted in view of particular personal circumstances.

(4)For aliens who immigrated after January 1, 1988 and prior to January 1, 2003, the federal state will bear 50% of the costs of a German-language integration course if completion of such course occurs within the first year after issuance of a subsequent residence permit or within an additional six-month period of grace , i.e. after 18 months following the issuance of a subsequent residence permit (Article 14, paragraphs 3a and 3b). The federal state shall bear 25% of the costs if the alien completes the course after 18 months but before the end of the 24^thmonth after issuance of a subsequent settlement permit (Article 14, paragraphs 3a and 3b) If the alien attends does not attend such a course until the third year following the issuance of a subsequent settlement permit, he or she shall be required to pay all costs, unless he or she was granted a period of grace for compliance in view of specific circumstances of his or her life situation.

(5)For key professionals in gainful employment the cost contribution of the federal state as set forth in paragraphs 3 or 4 above shall be made by the employer.

(6)For aliens who furnish proof of their compliance with the integration agreement pursuant to Article 50b, paragraph 1, number 6 or 7, the cost contributions of the federal state to such courses shall be governed by paragraphs 3 and 4 above. Paragraph 5 shall apply.

Courses

Article 50d

(1)All courses must have the following contents

1.Simple basic German for communication and the reading of simple texts.

2.Everyday topics including elements of Austrian studies and civics.

3.Topics relating to fundamental European democratic values.

(2)The Fund for the Integration of Refugees (Article 41, paragraph 2, number 6 of the Austrian Asylum Act) shall be responsible for the certification of such courses and the evaluation of teaching contents. Courses shall be certified for a period of between one and three years; upon application the certification period can be repeatedly extended by three years each time.

(3)In the certification procedure, consideration shall be given to the readiness of provinces and local authorities which carried out, and financed courses pursuant to paragraph 1 prior to the entry into force of this Federal Act, and which are prepared to offer such courses in the future as well. Cost contributions made by the provinces or local authorities shall not diminish the contributions of the federal state as defined in Article 50c, paragraph 3, 4, 5 or 6.

(4)The Federal Minister of the Interior is empowered to determine the teaching contents in accordance with paragraph 1 with regard to learning objectives, methodology, the qualifications of teaching staff and the number of teaching units, as well as the format and wording of certificates and the maximum burden-sharing contribution of the federal state.

(5)The Fund for the Integration of Refugees may withdraw certification during the period of validity if the learning objectives, teaching methods or qualifications of teaching staff fail to satisfy the provisions set forth in paragraph 1.