China News Service, June 10, according to the "Europe Times" report, recently, it was reported that when several Chinese holding Austrian five-year residence visas took a flight from China to Austria, because they had lived in China for more than one year. Austria’s “five-year residence permit” was therefore invalidated and denied entry to Austria.
"Europe Times" interviewed a number of Austrian lawyers to consult relevant legal regulations and countermeasures.
Austrian lawyer Paul Kebinger introduced that when talking about the "visa" or "right of residence" for foreigners living in Austria, we usually ask each other "How many years are you on a visa? One year, three years, or five years." Years or permanent residence?” However, the right of residence in Austria is not based on the length of time the holder is allowed to stay in Austria, but based on the purpose of stay (such as self-employment, employment, artist, salary, etc.) There are currently 12 different types of residence permits.
The duration of a residence permit in Austria is usually 12 to 36 months. If the applicant continues to meet the requirements of the residence permit, he can apply for an extension.
The restrictions on residence permit holders depend on the purpose of the residence permit.
For example, stay in Austria can only be used for the intended purpose, for example, holders of "settlement permit-not including paid work" may not engage in paid work in Austria.
However, the purpose of the residence permit can be changed, and the applicant needs to apply to the relevant agency in the place of residence.
According to Article 10(2) of the Austrian Residency Law (NAG), if the authorities determine that the residence permit holder (except for “EU permanent residence” holders) whose focus of life is no longer in Austria, their residence permit will be considered invalid , Cannot continue to live in Austria.
In particular, if one year of residence in the registered residence in Austria is less than six months, or if it is considered that the focus of life is no longer in Austria, the residence permit will be judged to be invalid.
In addition, Austria’s “quota immigrant” residence permit holders allow them to settle in Austria but cannot engage in paid work. This type of residence permit, like most other residence permits, must live in Austria for more than 6 months each year. Or the focus of life must be in Austria.
When the authorities judge whether the residence holder’s focus of life is in Austria, the length of residence of the holder’s registered address in Austria is a very important determining factor.
Although this is not a necessary prerequisite for judging living in Austria, it is not the only determining factor.
A short-term stay outside of Austria will not interrupt the residence time of the residence holder in Austria or become a factor in changing the focus of life.
If you have to stay abroad for a longer time due to force majeure (such as the epidemic) or personal reasons (you must temporarily take care of relatives living outside of Austria), is it equivalent to insufficient residence time in Austria or a shift in the focus of life and the residence permit is invalidated? Each different case is evaluated.
Paul Keblinger suggested that if the long-term resident holder of Austria is currently in China and intends to return to Austria, and has lived in Austria for less than 6 months in the last year, he should contact the Austrian authorities in advance to explain the time of his absence in Austria. And the reason.
If the residence holder has arrived in Austria and the residence permit is declared invalid, he recommends seeking legal help immediately and discussing with his lawyer whether he can appeal the decision of the authorities under his current circumstances.
The Austrian residence permit is deemed invalid, and a new residence permit can be applied for, but the requirements corresponding to the purpose of the residence must be met.
If the quota immigrant residency is unable to engage in paid work, once it is cancelled, you must wait for the new quota again. As this takes a long time and is costly, if the quota immigrant residency permit is deemed invalid, Paul Keblinger suggests , If there is a possibility of victory, you should appeal to the authorities.
The specific situation should be evaluated by a lawyer.
An attorney from the Austrian Sun Law Firm also stated that the holder’s right of residence in Austria can be revoked and visas can also be cancelled due to various reasons, but all revocation and cancellation decisions can in principle be taken through legal means. Remedial measures.
The most important first step in defending yourself is to contact the relevant authorities. Possible security measures include sending follow-up applications through the Austrian post office.
Sun Law Firm recommends that those involved should contact the relevant authorities before leaving Austria, because some preventive measures cannot be implemented after leaving Austria.