Austria has a common frontier with former communist countries in eastern and central Europe that runs for nearly 1,300 kilometers, and large numbers of would-be immigrants attempt to get into Europe illegally across these frontiers. When Austria signed the Schengen Agreement, in 1995, the government was aware that the major condition to enable it to be effective was an effective control on the external borders.

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Austria has a common frontier with former communist countries in eastern and central Europe that runs for nearly 1,300 kilometers, and large numbers of would-be immigrants attempt to get into Europe illegally across these frontiers. When Austria signed the Schengen Agreement, in 1995, the government was aware that the major condition to enable it to be effective was an effective control on the external borders. Before joining the Schengen Area, Austria had spent nearly seventeen million dollars on equipment and increased manpower to patrol its eastern borders, and still takes part in common projects with other EU Member States to improve Border Guard efficinecy through joint training and other measures.

To enter Austria, citizens from EU and EEA countries, Switzerland and Liechtenstein only need a valid traveling document, since they benefit from rules on freedom of movement and do not have to fulfill further visa requirements. Nevertheless they have to possess enough means to cover their maintenance and the costs of a valid health insurance. Citizens from other foreign countries need a visa or a residence permit issued according to the duration and purpose of their stay: Visa requirements are determined by lists of so-called “positive list States” (whose nationals do not require a visa) and so called “negative list States” (whose nationals do require a visa). Article 6 of the Aliens Act sets the different kinds of visa which can be issued. Two of them are specific for tourist or business trips:

Visa C, which allows a maximum stay of three months in Austria; within this time, the holder may move freely within Austria and the Schengen States

Visa D, which covers a stay only in Austria and is valid for a maximum of six months.

The visa must be requested before entering Austria at the Austrian embassy or consulate of the country of origin, or a third country. Some embassies/consulates also require proof that the person wishes to enter Austria only temporarily and does not intend to settle permanently.  It is not possible to apply for the visa once in Austria

If border officials forget to stamp the date of entry into the passport, the length of the stay and date of entry must be proven by other means, e.g. a plane ticket, a witness’s evidence or a residents’ registration form.

It is not possible to obtain a work permit during a stay on a tourist visa.

In accordance with Section 17(2) of the Asylum Act, aliens who apply for asylum at a land border point will not be allowed to enter the country, unless they have the required documentation to do so. Land border applicants are required to seek protection in a third country, or to fill an application for asylum with an Austrian diplomatic representation abroad. Nevertheless, an alien who seeks to lodge an asylum claim at a border point will be given the opportunity of completing an application form and a questionnaire. These documents will then be forwarded to the Austrian Federal Asylum Office by the border police. The alien will be required to wait for the Office's decision abroad, and he/she will be notified of the date set for the decision on entry. The alien is also issued with a certificate proving that he/she has applied for asylum in Austria, which he/she may use in his/her country of current residence pending decision on entry.

Border police are entitled to refuse entry to persons trying to enter the country illegally.

If a non EU, EEA or Swiss national has already entered the country illegally, it is up to the relevant agency implementing the Aliens Act to impose sanctions. In severe cases the Fremdpolizei (Aliens Police) may order the expulsion of a foreigner and may impose a residence ban.

Austria used to be a transit and final destination country for women trafficked from Bulgaria, Romania, Ukraine, the Czech Republic, Slovakia, Hungary, and the Balkans; the women were trafficked into Austria and other western European countries, primarily for the purpose of sexual exploitation. In March 2001, in response to a marked increase of illegal border crossings at Austria's eastern borders in the first half of that year, the Government set up a special task force to address trafficking. However, many victims of trafficking continued to migrate legally.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

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