+43 699 1700 2131    24H Sofort Hilfe vom Anwalt office@lackner-law.at

Are you and your family seeking Austrian residence?

Undergoing the questioning by authorities is an unfamiliar stressful situation. With me as your lawyer and immigration law expert, you can relax, knowing that you are well prepared.

Call me for a non-binding conversation
Hotline: +43 699 1700 2131

 

Immigration and asylum law, more than any other area of law, is subject to the populist zeitgeist. This leads to constant and, frankly, unacceptable, tightening of the relevant laws. These measures prejudice the rights of the vulnerable, people in need of urgent protection. With me, you have a lawyer and immigration law expert who takes your needs seriously and advises you in the best possible way.

Immigration Law

While EU and EEA-citizens (including Liechtenstein, Iceland and Norway) and Swiss citizens do not need a residence permit, third country nationals (TCNs) have to apply for one.

There are various residence permits for third country nationals, which confer different rights depending on their needs. Residence permits are issued for a specific purpose (e.g. gainful employment) and for a specific duration.

The following residence permits are available in Austria:

  • Residence Permit
  • Austria Settlement Permit
  • Settlement Permit – artist
  • Settlement Permit – researcher
  • Settlement permit – gainful employment excepted
  • Settlement Permit – family member
  • Family member Red-White-Red Card
  • Red-White-Red Card Plus
  • EU Blue Card
  • Permanent Residence – EU

Asylum Law

A refugee is a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, unwilling, to avail himself or herself of the protection of that country.

Are you such a person, seeking necessary life-preserving protection? Are you feeling overwhelmed, overburdened and at a loss as to how or where you can apply for asylum? Do you realise that misunderstandings can occur due to language barriers, leading to omissions in recording the full list of reasons for fleeing your home country?

Accurate and complete interpretation and translation is of intrinsic importance for an ultimately positive asylum procedure. If, therefore, you have any questions about the correct procedure or application for asylum, or if you simply wish to obtain a specific overview of the legal possibilities, I am here for you. If necessary, I can draw on a pool of excellent interpreters.

What does a positive asylum outcome allow you to do?

Once the asylum procedure has been completed, you are initially granted temporary asylum for a period of 3 years. Following this period, the asylum is converted into an unlimited right of asylum, provided there are no grounds for withdrawing it.

Asylum seekers whose asylum application have been accepted and are officially persons entitled to asylum have full access to the labour market. In the event that asylum status is withdrawn, for example due to a criminal conviction, residence-terminating measures, i.e. deportation, are usually initiated.

In some circumstances, deportation is not possible for legal or factual reasons. In this case, the person in need of protection can apply for ‘tolerated status’ in the federal territory or for a right of residence for reasons worthy of special consideration.

In the case of people for whom asylum is not possible in Austria for legal reasons, subsidiary protection can also be sought under certain conditions, namely if life and/or integrity cannot be guaranteed in the home country.