Corporate migration to Austria Avenues of immigration for (highly) skilled third country nationals 9th CIS Local Counsel Forum, Vienna Elmar Drabek 28 June 2014

DORDA BRUGGER JORDIS page 2 Austria's self-perception as an immigration country "We urgently need immigrants, about 100,000 by 2030." Michael Spindelegger, July 2010 (then Austrian Minister of Foreign Affairs, now Austrian Minister of Finance)

DORDA BRUGGER JORDIS page 3 Austria's self-perception as an immigration country ■ Austrian Welcome Culture – a paradigm change? ■ Highly diversified immigration schemes ■ Transparency and procedural safeguards ■ Specialization (expert clusters) and streamlined proceedings ■ A new generation of immigration officers?

DORDA BRUGGER JORDIS page 4 Corporate migration to Austria: a success story? Residence-related permits issued to main applicants seeking (self-)employment Source: Immigration Statistics 2006, 2008 and 2013 provided by the Austrian Ministry of the Interior These figures do not inlcude stay permits issued to applicants who are exempt from the scope of application of the Austrian Aliens Employment Act

DORDA BRUGGER JORDIS page 5 Corporate migration to Austria in a nutshell ■ EU Blue Card ■ Red-White-Red Cards ("RWRCs") for highly skilled employees skilled workers in shortage professions other key employees third country national graduates from an Austrian university or technical college self-employed key persons ■ Stay permits for assignees, rotation employees, researchers/scientists, special executives etc ■ Work visas (valid for up to six months) ■ Job-seeker visas (for highly skilled employees)

DORDA BRUGGER JORDIS page 6 Recent developments Prospective EU Blue Card / RWRC holders exempt from the principle of personal application Long-term resident perspective for several groups of stay permit holders Privileged regime for researchers/scientists Shorter processing deadlines for EU Blue Card / RWRC proceedings Specialized Labor Market Service units Judicial review at appellate level

DORDA BRUGGER JORDIS page 7 EU Blue Card and RWRCs at a glance I ApplicantHighly qualifiedHighly skilledKey employeeSkilled worker Initial permitEU Blue CardRWRC Period of validityup to two yearsup to one year "German prior to immigration" no Preceding job-seeker visa (for applicants who need a visa to enter Austria) noyesno Application in Austria (for applicants who need a visa to enter Austria) yes Quotano Labor market test yesnoyesno Qualification chart noyes

DORDA BRUGGER JORDIS page 8 EU Blue Card and RWRCs at a glance II ApplicantHighly qualifiedHighly skilledKey employeeSkilled worker Initial permitEU Blue CardRWRC Minimum salaryyesnoyesno Processing deadline eight weeks "Integration Agreement" (part 1) fulfilled "Integration Agreement" (part 2) not fulfilled Second permit RWRC plus (up to three years) RWRC plus (up to one year) RWRC plus (up to one year) RWRC plus (up to one year) Third permit Long-term resident status RWRC plus (up to three years) RWRC plus (up to three years) RWRC plus (up to three years)

DORDA BRUGGER JORDIS page 9 EU Blue Card and RWRCs at a glance III Family members of applicants who are Highly qualifiedHighly skilledKey employeesSkilled workers Initial permitRWRC plus Period of validityup to two yearsup to one year "German prior to immigration" no yes Quotano "Integration Agreement" (part 1) not fulfilled Second permit RWRC plus (up to three years) RWRC plus (up to one year) RWRC plus (up to one year) RWRC plus (up to one year) Third permit Long-term resident status RWRC plus (up to three years) RWRC plus (up to three years) RWRC plus (up to three years)

DORDA BRUGGER JORDIS page 10 Elmar Drabek, B.A., LL.M. Partner T: F: E: Contact DORDA BRUGGER JORDIS Rechtsanwälte GmbH Universitätsring 10 A-1010 Vienna IFLR European Awards - Austrian Law Firm of the Year 2013 International Law Office - Austrian Client Choice Awards 2013 and 2012