Alien Law
Alien Law
Oftentimes getting oriented in Alien Law is a difficult task: foreigners do not speak the native language and also do not know whom they can ask. This is why we have a special offer, which wil provide simple and prompt assistance: the practical "Alien Law Check"
You are in an ongoing asylum proceeding and want to know how things are going?
You need an assessment as to whether it makes sense to obtain a residence permit for your wife.
We will review your documents in our consultation and tell you if your case is going well and what your next step is.
This is certainly the initial assessment, which you will still benefit from.
Especially when you have to make a decision if an appeal/high court appeal against a second negative is the right way, we will examine your documents and assist you in your decision making. In our initial consultation we can give you a reliable assessment.
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Our Expertise
Asylum and Alien Law is most definitely the focus of our law firm. Here we can look back at decades of experience and thereby make the right decisions in difficult situations.
Asylum Law
We will consult you and represent you in your asylum proceeding from the time of applicaton till the conclusion of your case. Of course we can take over and manage your proceeding at any stage.
We will prepare you very well for interviews at the FAO and the FAC. If you have already received a negative decision from the FAC, we will take up the case at the SAC and CC (High Courts) and enforce your rights with all of our might.
Long waiting periods in asylum proceedings. What now?
You have been waiting for a decision from the Federal Asylum Office (FAO) or the Federal Asylum Court (FAC) for months?
You have already lodged an asylum application and nothing has happened for some years?
You have received a negative decision (first negative) from the FAO three years ago, lodged an appeal, and still there is no invitation?
You have renewed your subsidiary protection and up till this day do not have a decision?
You have already had a hearing at the FAC and are awaiting a decision for more than two years?
You ask yourself, " What can I do now?"
If a proceeding is extended and there no decision in sight, a lawyer can help. At our consultation we can present you with different options, i.e., complaint, and together a solution can be found.
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Employment possibilities in asylum proceedings
You are in an asylum proceeding and are tired of killing time and want to finally work?
You are receiving money from the basic goverment primary care and ask yourself if you are allowed to work?
You are volunteering. Does paid work help your asylum proceeding?
In the media you ofentimes hear of asylum seekers coming to Austria to receive benefits from the government. Actually also educated people come to Austria having left behind well-paying jobs as they had to flee from their countries. After they enter Austria, they, of course, ask themselves, what possibilites of employment exist in asylum proceedings.
Several asylum seekers have to come to my office and asked me, which employment opportunites they currently have in their asylum proceeding. If you have similar questions, I hope this article will remove anything unclear.
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Family allowance and childcare money- when am I entitled?
You are in an asylum proceeding or have applied for a residence permit, have just gotten a child and ask yourself if you can apply for childcare money or family allowance. Only when I and my child received our residence permits did the Tax Office or the insurance office grant me the payment and send me the money.
What about the timeperiod where my child did not have a residence permit but already submitted one?
Just because you do not have a decision in the asylum or residence proceeding, does not mean, that you are not entitled to benefits.. Also in social law cases a lawyer can be useful and helpful to enforce your rights towards the authorities.
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Stay
(especially students)
(especially students)
We will consult you regarding all short- or medium term and time limited residence permits.
We can demonstrate our expertise in the area of residence permits for students. We also know the practical side on how a residence permit can be acquired.
Guide to a student residence permit
Would you like to study in Austria and want get more information?
You already have a residence permit and want to know whether you can switch to a student residence permit?
What documents are required for the residence permit and how does the procedure work?
These questions are answered in the articles below.
We will also be dealing with questions such as, "Why was my application for a student visa rejected? I provided all the documents."
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Residence in Austria
You are still abroad and want to live in Austria, as you might have family members here or have found work? We can consult you concerning your options and help you choose the right residence permit. We will submit the right application at the MA35 and manage the visits to the authority. The possibilites regarding residence are diverse: please write us concerning this matter.
Long waiting periods in residence proceedings. What now?
You have been waiting for a decision from the MA35/district authorityfor months?
You have submitted an application and nothing has happened for more than a year?
You have received a negative decision from the authority more than a year ago, lodged an appeal, and still there is no invitation?
You have renewed your residence permit and up till this day do not have a decision?
You have already had a hearing at the Administrative Court (AC) and are awaiting a decision for more than several monthgs?
You ask yourself, " What can I do now?"
If a proceeding is extended and there no decision in sight, a lawyer can help. At our consultation we can present you with different options, i.e., complaint, and together a solution can be found.
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European Law including Dublin proceedings
The European Law perspective is becoming increasingly more important in Alien Law. Especially as authorities at the first level are oftentimes not informed about the most recent European High Court case law, competent legal counsel is necessary in the early stages of the proceeding, so that your rights can be respected.
Dublin proceedings, which determine which EU country is reponsible for the asylum applicaton, are also gaining relevance. Here we also have successfully completed proceedings.
Important information regarding Dublin proceedings
An asylum application has been lodged in Austria, but fingerprints have been found in Sweden? What' next? Can you still get asylum here in Austria?
What if the husband and children already have asylum in Austria and the wife comes to Austria, but has already applied for asylum in Hungary before entering Austria. Can she now acquire asylum in Austria?
What if you enter Austria with a Czech visa and have never been to the Czech Republic before? Can you still be deported to the Czech Republic?
Some asylum seekers are concerned with these questions, especially those whose family members have come to Austria via detours. Dublin proceedings are often associated with great uncertainty and perplexity, which is why clarification by a lawyer is required.
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Marriage and family reunification
Your loved one is in Austria, but marriage is not possible due to the papers. You are already married and do not know how your spouse can come to Austria or which residence permit they can receive?
We have comprehenseve expertise concerning these questions and are glad to help! We also look forward to assisting practically to enable a timely marriage.
Marrying in Austria
Finally found the right woman to spend your life with and want to tie the knot.
However you have heard differnent people say things like:
„I don't know which documents I need for marriage. The one marriage office tells me A, B, and C, while another one tells me D and E. I don't know what is going on. What should I do now?“
„I've already had to go to the Marriage office fours for them to review my documents. The next date to marry is in four months.“
„One stamp is already expired and now it the certificate has to sent back to Nigeria. That will cost me several weeks. Why did nobody tell me this earlier? “
Now you are confused, discouraged, and do not know what your next steps are.
Even in such a matter a lawyer can help you to arrive at your destination and can finally marry.
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Guide to family reunification
YYou are finally married! But how should your spouse get a residence permit?
The marriage took place abroad and now you ask yourself, "How can my spouse come to Austria now?"
You have already been to the Austrian Embassy or the immigration office in Austria and you were informed that your spouse cannot apply for a residence permit in Austria. What now?
You submitted an application several months ago and the authority has not done anything?
If you have already asked yourself these questions, we encourage you to keep reading. In this article we will deal with exactly these questions. A lawyer can support you in matters of family reunification, inform you about your rights and take the necessary steps so that your application for family reunification will hopefully be decided positively and your loved one will receive his/her residence permit.
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Withdrawal proceedings
Recently more withdrawal proceedings have become prominent: The FAO revokes asylum or subsidiary protection on spurious grounds.
Here we can help to avert withdrawal. Due to our experience we know what points are important.
My subsidiary protection was withdrawn. What should I do?
„I have been in Austria for more than six years, have always had subsidiary protection, why was it suddenly withdrawn?"
„Since I came to Austria eight years ago, I have not engaged in criminal activity, have always worked up until now, and suddenly instead of getting the new subsidiary protection, I've received an invitation to an interview at the Federal Asylum Office (FAO)? Why?"
„My subsidiary protection was withdrawn by a decision of the FAO and I appealed in time. Am I still allowed to work?"
„…Am I still allowed to get family allowance/child support/governemnt primary care?“
What a few years ago rarely occured is taking place, all too ofte, today : subsidiary protection was withdrawn by the FAO.
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Citizenship
Citizenship proceedings are becoming increasingly difficult and time consuming these days. Patience is often required - but also good preparation to bring the process to a quick end. A lawyer can help in these case: We can take over the management of the documents, make entries to the authorities, and also fight for you at the Administrative Court if you have received a negative decision.
Path to citizenship
You are tired of having to renew your residence permit every year and ask yourself when you can receive citizenship?
You have received asylum more than ten years ago and want to finally apply for the Austrian citizenship?
You have just gotten a child from an Austrian and now want to apply for the citizenship for your child?
Your Austrian citzenship was revoked by the authorities and now you want to get it back?
If you are facing a similar situation and are need of clear, concrete, and easy to understand information regarding the topic of citizenship, you have come to the right place.
Protection against deportation
Have you received a return decision unlawfully or was pre-deportation detention issued against you? We are certifited experts in Alien Law, that will fight for your rights till the very end. If you were placed in detention unlawfully, we will also obtain compensation for you.
Pre-deportation detention-What now?
"My friend is in detention? What should I do now?"
"My husband is in detention and will be deported next week. Can that still be prevented?"
"The police came to my place night and took my boyfriend in custody? Why can the police simply do that?"
"I'm illegal. If the police find me, will I be put in custody right away?"
If you have already asked yourself such questions and are looking for answers, a lawyer can help you, even in seemingly hopeless situations. A lawyer can inform you about your rights - these also apply to detention pending deportation- enforce them and cause you to hopefully come out of detention.
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Illegal in Austria. What now?
Unfortunately, not all asylum and residence proceedings in Austria are positive.
Suddenly you are faced with a negative decision from the Federal Asylum Court (FAC) or Administrative Court (AC), and various questions come to mind:
… I have been in Austria for more than eight years, have never committed a crime, speak German, and still received a negative decision ?.
… .I have family here and everyone has a residence permit. Why didn't I get one? ...
... .. my roommate told me that the police were here yesterday looking for me? ...
… .Am I going to be put in detention right now? ...
…. Do I still have opportunities in Austria? ...
If you have already asked yourself such questions, we advise you to immediately seek out a lawyer, receive advice and, together with him, take the next steps.
Even if you have already received a negative decision and are now illegal, it does not automatically mean that you are deported immediately.
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