Update of the list of residence permits referred to in Article 2(16) of Regulation (EU) 2016/399 of the European Parliament and of the Council on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (1)

(2018/C 345/06)

The publication of the list of residence permits referred to in Article 2(16) of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (2) is based on the information communicated by the Member States to the Commission in conformity with Article 39 of the Schengen Borders Code.

In addition to publication in the OJ, a monthly update is available on the website of the Directorate-General for Home Affairs.

AUSTRIA

Replacement of the list published in OJ C 269, 31.7.2018.

LIST OF RESIDENCE PERMITS ISSUED BY MEMBER STATES

Residence permits pursuant to Article 2(16)(a) of the Schengen Borders Code:

I. Residence permits issued in accordance with the uniform format set out in Council Regulation (EC) No 1030/2002 (3)

— Residence permit with ‘proof of establishment’ in the form of the ID1 card in accordance with the joint actions based on Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (issued in Austria between 1 January 2003 and 31 December 2005).

— Residence permit in the form of a sticker in accordance with the joint actions based on Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (issued in Austria between 1 January 2005 and 31 December 2005).

— Residence permits falling under ‘authorisation of establishment’ (Niederlassungsbewilligung), ‘family member’ (Familienangehörige), ‘permanent residence — EU’ (Daueraufenthalt-EG), ‘permanent residence — family member’ (Daueraufenthalt-Familienangehöriger) and ‘authorisation of residence’ (Aufenthaltsbewilligung), in the form of the ID1 card in accordance with the joint actions based on Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (issued in Austria since 1 January 2006). The ‘authorisation of residence’ (Aufenthaltsbewilligung) permit indicates the specific purpose for which it was issued. An ‘authorisation of residence’ permit (Aufenthaltsbewilligung) may be issued for the following purposes: intra-corporate transfer (ICT), posted worker, self-employed person, special cases of employment, school pupil, social service provider, family reunification. ‘Authorisation of residence’ (Aufenthaltsbewilligung) permits for the purpose of intra-corporate transfers (‘ICT’ and ‘mobile ITC’) have been issued since 1 October 2017. ‘Student’ (‘Student’), ‘volunteer’ and ‘researcher mobility’‘authorisation of residence’ (Aufenthaltsbewilligung) permits have been issued since 1 September 2018. ‘Student’ (‘Studierender’), ‘authorisation of residence’ (Aufenthaltsbewilligung) permits were issued until 31 August 2018. The ‘authorisation of establishment’ (Niederlassungsbewilligung) residence permit may be issued without further details or for the following purposes: no gainful activity and dependant. Since 1 October 2017, ‘authorisation of establishment’ (Niederlassungsbewilligung) permits can also be issued for the categories ‘researcher’, ‘artist’ or ‘special cases of employment’. ‘Authorisation of establishment’ (Niederlassungsbewilligung) residence permits were issued in Austria until 30 June 2011 for the categories ‘key worker’, ‘unlimited’ and ‘limited’. ‘Permanent residence — EU’ (Daueraufenthalt-EG) and ‘permanent residence — family member’ (Daueraufenthalt-Familienangehöriger) permits were issued in Austria until 31 December 2013. ‘Authorisation of residence’ (Aufenthaltsbewilligung) permits for the purposes of Section 69a of the Establishment and Residence Act (NAG) were issued in Austria until 31 December 2013. ‘Authorisation of residence’ (Aufenthaltsbewilligung) permits were also issued for job rotation workers, artists and researchers until 30 September 2017.

— The ‘red-white-red card’ (Rot-Weiß-Rot-Karte), the ‘red-white-red card plus’ (Rot-Weiß-Rot-Karte plus) and the ‘blue EU card’ (Blaue Karte EU) in the form of the ID1 card in accordance with the joint actions based on Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (issued in Austria since 1 July 2011).

— ‘Permanent residence — EU’ (Daueraufenthalt- EG) permits in accordance with the joint actions based on Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (issued in Austria since 1 January 2014).

— ‘Right of residence plus’ (‘Aufenthaltsberechtigung plus’) permits issued in accordance with Section 55(1) or Section 56(1) of the Asylum Act as set out in Federal Law Gazette I No 100/2005 are in line with the former provisions of Sections 41(a)(9) and 43(3) of the Establishment and Residence Act (NAG) as set out in Federal Law Gazette I No 38/2011. Issued in Austria from 1 January 2014.

— The ‘right of residence’ (Aufenthaltsberechtigung) permit issued in accordance with Section 55(2) or Section 56(2) of the Asylum Act as set out in Federal Law Gazette I No 100/2005 corresponds to the former ‘authorisation of establishment’ (Niederlassungsbewilligung) permit issued in accordance with Section 43(3) and (4) of the Establishment and Residence Act (NAG) as set out in Federal Law Gazette I No 38/2011. Issued in Austria from 1 January 2014.

— The ‘right of residence on the grounds of special protection’ (‘Aufenthaltsberechtigung aus besonderem Schutz’) permit issued in accordance with Section 57 of the Asylum Act as set out in Federal Law Gazette I No 100/2005 further transposes the provisions of Council Directive 2004/81/EC of 29 April 2004 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. The predecessor provision was Section 69(a)(1) of the Establishment and Residence Act (NAG) as set out in Federal Law Gazette I No 38/2011. Issued in Austria from 1 January 2014.

II. Residence permits which, pursuant to Directive 2004/38/EC of the European Parliament and of the Council (4) , do not have to be issued in the uniform format

— The residence permit according a right of residence in the Union of more than three months for family members of EEA citizens pursuant to Directive 2004/38/EC does not correspond to the standard format in Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals

— The permanent residence card to document a Community right of permanent residence of more than three months for a family member of an EEA citizen pursuant to Directive 2004/38/EC does not correspond to the standard format in Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals

Other documents entitling the holder to reside in Austria or to re-enter Austria (pursuant to Article 2(16)(b) of the Schengen Borders Code:

— Identity document with photograph in card format for persons entitled to privileges and immunities in red, yellow, blue, green, brown, grey and orange, issued by the Federal Ministry for Europe, Integration and Foreign Affairs.

— Identity document with photograph in card format for persons entitled to privileges and immunities in light grey with a reference to the categories red, orange, yellow, green, blue, brown and grey, issued by the Federal Ministry for Europe, Integration and Foreign Affairs.

— ‘Person entitled to asylum status’ pursuant to Section 3 of the 2005 Asylum Act or the provisions that were its predecessors — usually documented by a Convention travel document (issued in Austria since 28 August 2006) or by a card for persons entitled to asylum pursuant to Section 51(a) of the 2005 Asylum Act (issued for foreign nationals who applied for international protection from 15 November 2015 and to whom this status was granted from 1 June 2016).

— ‘Person holding subsidiary protection status’ pursuant to Section 8 of the 2005 Asylum Act or the provisions that were its predecessors — generally documented by a card for persons holding subsidiary protection status pursuant to Section 52 of the 2005 Asylum Act.

— List of participants on a school trip within the European Union within the meaning of the Council Decision of 30 November 1994 on a joint action concerning travel facilities for school pupils from third countries resident in a Member State.

— ‘Confirmation of legal residence pursuant to Section 31(1)(5) of the Aliens Police Act (FPG)’/‘Application for an extension pursuant to Section 2(4)(17a) of the Aliens Police Act (FPG)’, in conjunction with a valid travel document.

— Indefinite residence permit — issued in the form of an ordinary visa under Section 6(1)(1) of the 1992 Aliens Act (FrG) (issued until 31 December 1992 by the Austrian domestic authorities and representative offices abroad in the form of a stamp).

— Residence permit in the form of a green sticker up to No 790.000.

— Residence permit in the form of a green and white sticker from No 790.001 onwards.

— Residence permit in the form of a sticker in accordance with Council Joint Action 97/11/JHA of 16 December 1996, Official Journal L 7 of 10.1.1997, concerning a uniform format for residence permits (issued in Austria between 1 January 1998 and 31 December 2004).

— ‘Confirmation of the right to enter Austria pursuant to Section 24 of the Establishment and Residence Act (NAG) or Section 59 of the Asylum Act’ in the form of a green and blue sticker.

List of previous publications

(1) See the list of previous publications at the end of this update.

(2) OJ L 77, 23.3.2016, p. 1.

(3) OJ L 157, 15.6.2002, p. 1.

(4) OJ L 158, 30.4.2004, p. 77.