2.1.1. Introduction

This metadata information is provided by Austrian authorities to ensure compliance with the requirements of Article 6 of Regulation 862/2007 on Community Statistics on Migration and International Protection.

As required by Article 9 of the Regulation 862/2007, Member States must report to Eurostat on the data sources used, the reasons for the selection of these sources and the effects of the selected data on the quality of the statistics. Member States shall provide it with all the information necessary to evaluate the quality, comparability and completeness of the statistical information.

The reference terms for the assessment of quality compliance are provided by Eurostat in the Residence permit statistics technical guidelines applied for 2022 reference period (See section 3.4 Statistical concepts and definitions from the Residence permits statistics ESMS file).

Annex 1 presents the quality assessment for more recent data collections:

- Seasonal Workers data collection under Article 26 of Directive 2014/36/EU;
- Intra-Corporate Transfers data collection under Article 24 of Directive 2014/66/EU;
- Students, Researchers, Trainees, Volunteers, Pupils and Au Pairs data collection under Article 38 of Directive (EU) 2016/801.

2.1.2. General description of the statistical domain at national level

National system for compilation of residence permits statistics (level of development, main changes that affected the system in the last years and further development)

Data on residence permits (containing personal information as well as status information) are processed by the competent authorities of first instance for Settlement and Residence (Governor of Federal Länder). They are transmitted in due course by file transfer to the Central Foreigners Register (Zentrales Fremdenregister - IZR).
The department responsible for statistical analysis at the Federal Ministry of the Interior receives data extracts from IZR on a daily basis for evaluation purposes. These are stored in a separate database, of which Statistics Austria receives extracts of individual data for data processing of European RESPER statistics.

Prior to 2014 data has been stabled in a different database called Foreigners Information System (Fremdeninformationssystem - FIS). The main advantage of moving data to the IZR is that this database will, when fully developed, contain all relevant administrative information on foreigners in a single database - stretching from possible asylum applications via asylum decisions to any residence permit issued and also possible information of the foreign police.

2.1.3. European and national legal framework relevant for Residence permits statistics

Include information on Applicable/Not applicable European legal acts at national level

• Regulation (EC) No 862/2007 on migration and international protection

            Applicable

• Council Directive 2003/86/EC on the right to family reunification

            Applicable

• Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States

            Applicable

• Council Directive 2004/114/EC on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service;

            Applicable

• Council Directive 2009/50/EC on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment;

            Applicable

• Council Directive 2005/71/EC on a specific procedure for admitting third-country nationals for the purposes of scientific research;

            Applicable

• Council Directive 2004/81/EC on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities

            Applicable

• Council Directive 2003/109/EC concerning the status of third-country nationals who are long-term residents;

            Applicable

• Council Directive 2009/50/EC on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment;

            Applicable

• Directive 2011/98/EU on a single application procedure for a single permit

            Applicable except for students according to Art. 3 paragraph 3

2.1.4. Institutional infrastructure

List of the institutions involved in managing the registers related to Residence permits statistics and the institutions involved in the compilation of the Residence permits statistics

Competent authorities for Settlement and Residence of First Instance (Provincial Governor, district commission or magistrate).

Federal Ministry of the Interior – managing Central Foreigners Register (IZR) and compiling residence permit statistics on national level.

Statistics Austria – compiling residence permit statistics for Eurostat.

2.1.5. General procedure for issuing first residence permits at National level

Applications for residence permits have to be submitted at the Austrian representative authority abroad. Certain groups of persons may also file first applications in Austria (e.g. family members of nationals or EU-citizens, children with foreign citizenship born in Austria, researchers etc. - for an exhaustive list please refer to §21 (2) of the Austrian Residence Act [NAG]). The applications are inserted in a centralised database (IZR) by the competent authorities in charge of residence. The permits are granted by the competent authorities in charge of residence in Austria after the person has entered Austria by visa or, if enabled, without visa (as specified in regulation EC 539/2001). The number of applications for and the number of granted residence permits may be drawn from the database.

2.1.6. General procedure for recording change of status or reason to stay of the permit (reason)

Applications for change of status of the residence purpose have to be submitted at the Provincial Governor, district commission or magistrate. The applications are inserted into IZR by the competent authorities in charge of residence. The permits are issued by the competent authorities in charge of residence in Austria. (see 2.2 and 2.5)

2.1.7. General procedure for recording all valid residence permits at the end of the year

Include information on all permits valid in the end of the year and long term permits

All issued permits are stabled in the IZR. Data records include the expiry of the permit. At the end of February of each year the Federal Ministry of the Interior receives a database extract containing information on all valid permits at the end of the previous year. This is forwarded to Statistics Austria, but containing only statistically relevant variables for data-protection reasons.

2.1.8. General procedure for recording residence permits for Highly Skilled Workers and EU Blue Cards

Include information for first permit data collection and EU Blue Cards data collection

 same as described under 2.1.5. In addition, applications for EU Blue Cards may also be filed by an Austrian employer wishing to employ a third country national.

2.1.9. General procedure for recording single permits

 same as described under 2.5.

2.1.10. Type of residence permits counted for Residence permits statistics (e.g. residence permits, long-term visas, authorisation to stay, work permit, education permit, etc) referirng to all applicable tables

2.1.11. Main problems that affect the quality of the data and what tables are concerned including the compliance status with the definitions from Residence permits statistics Technical Guideline

The definitions of first permits and requests of extension/change of status are different from the technical guidelines: In Austria a permit is counted as an extension/change of application, if the application is made during the duration of validity of the last permission. Applications that are made after this period are counted as applications for first permits. And the issued permission is also counted as a first permit.

Changes according to the guidelines (only a change between the Resper categories) are only changes between the major categories. In Austria a change is on hand every time the purpose of the permission shall be different from that one before. So this definition is wider than that one mentioned in the guidelines.

First permits issued for remunerated activities

5.1.1. General aspects

Include information on main users of Residence permits statistics at national level, European and International level.

The statistics collected under the Regulation 862/2007 are widely used in official publications and by a wide range of users at national, European and International level. The Residence permits statistics produced are regularly used by national administrations, academic researchers and civil society groups working on a wide range of topics including the integration of immigrants, the development and monitoring of national asylum and immigration procedures, and the projection of the future population and labour force.

At European level, the main users of Residence permits statistics are Eurostat and DG Migration and Home Affairs. These statistics are used in several publications of the Commission, as well as in the preparation of regular reports, policy proposals and analysis. These statistics also provide an input to the European Migration Network (EMN) studies and reports that address specific issues of current policy importance.

Main users at national level are government bodies and NGOs. Data is however published on the website of the Ministry of the Interior and thus accessible to the general public.

5.1.2. Residence permits statistics data publication at national level

Include information on residence permits statistics published at national level and differences between the data provided to Eurostat and the data published at national level (first permits, all valid permits at the end of the year, long term permits at the end of the year, single permits, single permits and EU Blue Cards)

National RESPER statistics are published monthly on the website of the Federal Ministry for the Interior. Aggregate Data for previous years is equally available on the website.

The definitions of first permits and requests of extension/change of status are different from the technical guidelines: In Austria a permit is counted as extension / change of reason, if the application is made before expiry of the current permit. Applications made after expiry of permits are counted as applications for first permits. Permits issued in due course are also counted as first permits.

Changes according to the guidelines (only a change between the Resper categories) are only changes between the major categories. In Austria a change is on hand every time the purpose of the permission shall be different from that one before. So this definition is wider than that one mentioned in the guidelines.

Provide information if the residence permit can be issued for the principal applicant only and if all the family members are counted for residence permits statistics

Unknown age is not possible, as database requires date of birth as mandatory information.

Unknown sex for only in cases, where people that cannot be identified due to lacking documents.

List of categories of permits included in the "Other remunerated activities" subcategory

• special Cases of Paid Employment
• rotational workers
• artists
• seconded employees
• self-employed persons
• cases of mobility

List of categories of permits included in the "Other" subcategory

• people who held a residence permit “long term resident EU”, have lost it due to absence from the EU and now wish to return to Austria
• people whose stay was “downgraded” from a residence permit “long term resident EU”, because they pose a threat to public order and security
• former asylum seekers with subsidiary/ temporary protection with prolonged stay
• former Austrian citizens, having lost citizenship
• people switching form a humanitarian stay in the Asylum Law to a regular residence permit
• minors granted a right to stay in the best interest of the child

List of categories of permits included in the "Other" subcategory

Establishing the reason according to codes for administrative proceedings in Central Foreigners Database (IZR).

The definition of "First permit" is applied as provided by Residence permits Techincal guidelines except for one important point:

Applications for the extension of a permit made only after the expiry of the permit are counted as applications for a new first permit. If issued, these are counted as new first permits as well.

Please list the categories of long-term permits available at national level (under national legal framework).

Please indicate if "comparable definition" was applied.

Please provide details on national programmes facilitating the admission of highly-skilled workers counted for the data sent to Eurostat for this category. Include also details on 'Highly skilled workers' category reported in another main table from first permits data collection than the table related to occupation reasons (“family reason”, “education reason” or “other reasons”)

Highly skilled workers may apply for a so-called Red-White-Red-Card as a residence permit for Austria. Applications are evaluated by the Austrian Public Employment Service (AMS) on the basis of documents submitted. According to the criteria for granting such permits points are awarded to individual applications. On the basis of this evaluation, authorities in charge of residence decide if a residence permit will actually be granted.

The "Red-White-Red – Card" shall be issued to:

 •Very highly qualified workers

 •Skilled workers in shortage occupations

 •Other key workers

 •Graduates of Austrian universities and colleges of higher education

 •Self-employed key workers

 •Holders of a residence title “Long-term Resident – EU” of another EU Member State fitting one of the criteria above

In Austria a permit is counted as extension / change of reason, if the application is made before expiry of the current permit. Applications made after expiry of permits are counted as applications for first permits. Permits issued in due course are also counted as first permits.

In Austria change of status/reason is on hand every time the purpose of the permit shall be different from the one before. So this definition is wider than that one mentioned in the guidelines.

Coverage of specific subcategories relate to the "reason" of issuing the residence permit

see definitions from Eurostat Statistics Explained glosary: http://ec.europa.eu/eurostat/statistics-explained/index.php/Glossary:Coverage

Coverage of specific subcategories relate to EU Blue Cards data collection

see definitions from Eurostat Statistics Explained glosary: http://ec.europa.eu/eurostat/statistics-explained/index.php/Glossary:Coverage

Coverage of specific subcategories relate to the "length of validity" of the residence permit

see definitions from Eurostat Statistics Explained glosary: http://ec.europa.eu/eurostat/statistics-explained/index.php/Glossary:Coverage

 Not applicable for Austria, as family members have to separately apply for Asylum at Austrian embassies abroad and get Visa for legal entry to Austria.

 Applications of family members are counted as applications (no separate category).

 No permits are issued for Family members.

 is a subset of RP7 containing all permits having been issued during the reference year.

8.3.1 Links between the Residence permits statistics and Asylum statistics and details related to the asylum applicant(s) case(s) included in Residence permits statistics in First residence permits

Please cover the differences between the Residence permits statistics and Asylum statistics reported to Eurostat

Since 2014 asylum data and resper data is collected via a unified database (Central Foreigners Register). Thus people switching from one domain to the other (e.g. asylum seekers with subsidiary/temporary protection gaining an extension of their stay by means of a residence permit) may be identified in the system by a unique PIN.

Table RP4 for Austria includes asylum seekers, who received a positive asylum decision, a decision on humanitarian grounds or subsidiary protection. They undergo the same procedures for issuing a residence permit and are matched to the national asylum statistics.

8.3.2 Links between the Residence permits statistics and special short-term study on "trafficking in human beings" collected by Eurostat for statistics on crime and criminal justice.

Please cover the differences between the Residence permits statistics and the statistics reported for short-term study on "trafficking in human beings"