Guide to the Integration Contract and Module 1-who does it apply to and what needs to be done? (Part 1 of 2)
Guide to the Integration Contract and Module 1-who does it apply to and what needs to be done? (Part 1 of 2)
The Integration Contract (short: IC) is part of the Alien Law in Austria and specifically designed for the lawful integration of third country nationals residing in Austria
What exactly is the Integration Contract?
The Integration Contract (short: IC) is part of the Alien Law in Austria and specifically designed for the lawful integration of third country nationals residing in Austria- i.e. for migrants. In other words for people that are neither EU-citizens, EEA-citizens, nor Swiss.
The goal of this Integration Contract is, in short, the qualification to participate in the social, economic, and cultural life in Austria.
The Integration Law(IL) regulates the Integration Contract as following:
„The Integration Contract serves the integration of third country nationals legally residing in Austria and targets their empowerment to participate in the social, economic, and cultural life.
In the context of this contract, third country nationals are obligated to obtain proficiency of the German language as well as of the democratic order and basic principles derived from it.
Third country nationals are obligated, within 24 months upon receipt of the residence permit, to obtain certain proficiency.
What does Integration Contract require?
Third country nationals are obligated, within 24 months upon receipt of the residence permit, to obtain proficiency of
- the German language
- the democratic order
-and values of the legal and social order derived from it.
Who is responsible for handling the Integration Contract?
The Austrian Integration Fund is in charge for handling the Integration Contract.
Their responsibilites are:
• Certification of students to complete Integration courses
• Quality control (course substitution and evaluation of integration exams)
• Provision & handling of integration exams on level A2 (= Module 1) and B1 (= Moduel 2) as well as
• Billing of the blau Federal Voucher
The Integration Contract applies to third country nationals that have received their first residence permit as of October 1, 2017.
Who does the Integration Contract apply to?
The following third country nationals, are obligated to complete Module 1, upon receipt of their first residence permit,:
• "Red-White-Red – Card" ex lege completed
• "Red-White-Red – Card plus"
• "Settlement permit"
• "Settlement permit – without employment"
• "Settlement permit – Family member"
• "Family member"
• "Settlement permit– artist“
• "Settlement permit– special cases of depedant employment"
The Integration Contract applies to third country nationals that have received their first residence permit as of October 1, 2017.
Upon signing receipt of their first residence permit third country nationals enter Module 1.
There are a few people groups that are exempted from completing Module 1 of the IC.
Who is exempted from completing Module 1 of the Integration Contract?
There are a few people groups that are exempted and are therefore not obligated to complete the Module 1:
1. Underage minor (people under 14), who till the end of the duration of their fulfillment duty will still be minors.
2. People, who due their mental or physical health cannot be expected to fulfill the module (verified by a report of a publich health officer).
3. People that can confirm in writing that they will spend more than 24 months out of next three years in Austria, (this includes an irrevocable waiver of the submission of an application for extension following the initial application for renewal).
If you are not sure whether the rule of exception applies to you, then you can contact me.
Concerning the details of Module 1 of the Integration Contract's „in depth elementary speech application“
The Module 1 is the first of two successive modules that serve to attain proficiency in the German language at A2 level according to the Mutual European Reference Framework for Language and Transmission of Values of a social and legal order.
Please note: simple German language skills "for the elementary language application" (on Level A1) are already required before immigration, and are therefore not to be attained in the timeperiod of "Module 1". Proof of this cannot be older than one year upon submission of the initial application.
The fulfillment duty begins upon receipt of the residence and has to completed within two years (Module 1 of the Integration Contract).
An extension of the deadline for completing the module is possible under certain conditions
Can the deadline for the completion of the Module 1 of the Integration Contract be extended ?
Yes, an extension of the deadline is possible under certain condition. The time period can be extended for up to 12 months in consideration of the personal life circumstances.
The Module 1 can be completed in different ways.
In which ways can the Module 1 of the Integration Contract be completed?
1. Through submission of a transcript of the Integration exam (minimum Language Level A2) of the Austrian Integration Fund (ÖIF),
2. Through proof the successful completion of the integration exam (minimum Language Level A2) of the „Austrian Association Language Diploma“ (ÖSD); however only till 30. May 2021,
3. Through a highschool diploma that meets the requirements of university entrance qualifications according to § 64 Abs 1 University Law 2002 or the completion of middle vocational school; however only till 30. May 2021,
4. Through the issuance of the a "Red-White-Red Card" according to § 41 Residence Law.
5. By engaging in artistic work according to § Par. 2 Z 1 till 3 of the Art Promotion Law's art sections als holder of a residenc permit "Settlement permit – artits“ according to § 43a Residence Law or simply by
6. Completion of Module 2
Persons that have received a residence before 01. October 2017 are obligated to complete Module 1 of the Integration Contract, before 30. September 2020.
Which transitional provisions apply to Module 1 der Integration Contract?
As mentioned earlier the Integration Contract applies to people that have received a residence pemit as of 01.10.2017.
Persons that have received a residence before 01. October 2017 (so according to the old Integration Contract 2011), are also obligated to complete Module 1 of the Integration Contract, however due to transitional provisions, they can complete Module 1 until the 30. September 2020.
The current Integration Contract is valid after 30. September 2020.
Next you can read part 2 of this two-part article : „Guide to Module 2 fo the Integration Contract – who does it apply to and what needs to be done ?“
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Hopefully this summary gave you an overview of the existing legal situation.
Are you in need of support concerning questions of integration in Austria? When in doubt please contact a competent lawyer as myself.
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