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BREXIT

Why some Brits in Austria are facing delays in post-Brexit residency applications

The new residency process for British citizens in Austria is now being rolled out across the country, but in some regions Britons are facing delays.

Why some Brits in Austria are facing delays in post-Brexit residency applications
AFP
The first applications for the Article 50 EUV Card (the new residency permit) started being processed on 4 January and in Vienna more than 500 applications have already been submitted.
 
But in Tyrol, Salzburg, Vorarlberg and Styria, delays to the roll out are being reported due to the coronavirus lockdown and uncertainty surrounding the new system.
 
One British man living in Graz, Styria, who asked not to be identified, said: “The Bezirkshauptmannschaft [District Administration] said they don’t have anything set up yet and to phone back in a month. They also said there is no need to attend in person because of COVID. All I can do is wait now.”
 
A British woman living in Innsbruck, Tyrol, who also asked not to be identified, has experienced a similar situation after contacting the authorities by email to enquire about starting the application process.
 
 
She said: “I received a prompt reply that said I didn’t need an appointment, but since they were still trying to clarify a few things about the cards it was best to wait until later in January.
 
“I was happy with their answer and their honesty about wanting to understand the process before people go in. I have shared this information with the British in Austria Facebook group.”
 
However, in Kitzbühel, Tyrol, the District Administration has confirmed that it is possible to book appointments to facilitate the application process.
 
British citizens in Austria have until 31 December 2021 to submit the application. The original deadline was extended by six months following a request from the British Embassy last year.
 
British Ambassador to Austria Leigh Turner said: “Before 31 December 2020, we were under the impression that the application process would open Austria-wide from 4 January 2021.
 
“In particular, we had a number of meetings with the Ministry of Interior where we emphasised the importance of this step. We are concerned to discover that for some British people in different parts of Austria that’s not the case.
 
“I’m cautiously optimistic that now the Ministry of Interior is engaged it will be sorted out but we’re also watching it carefully.”
 
When asked about the reasons for the delay in some parts of the country, Ambassador Turner said they are receiving differing reports but the Ministry of Interior has confirmed that some regional offices were not facilitating physical appointments due to COVID restrictions.
 
This applies to Lower Austria where UK nationals are being asked to submit documents by either post or email.
 
Applicants will then receive a confirmation letter and be invited to an appointment to provide fingerprints when restrictions have eased.
 
Ambassador Turner said: “In Tyrol, applications are going ahead and according to the Ministry they had already ordered 10 to 15 cards. However, UK nationals who were calling the Tyrolean government were being advised that if it wasn’t urgent they should wait until the COVID situation had improved.”
 
With regards to concerns around the charging guidelines, he said: “If you have permanent residency documents, you should be able to exchange it for the Article 50 EUV Card without a fee. Some people are also charged €14.30 as a stamping fee, but that’s a general processing charge mandated by Austrian law.
 
 
“If people are experiencing unreasonable delays anywhere, please let us know so we can take it up with the Austrian authorities.
 
“We’re very conscious that in the UK we’ve granted 4.4 million people with the right to remain, including 17,000 Austrians. The instruction in the UK has been to find reasons to grant the right to remain and not reasons to not grant it. We hope it will be the same case here.”
 
Graham Crewe, from the British in Austria group, lives in Salzburg and said he has started the application process but it is progressing slowly.
 
He said: “I was told that I could submit my documents by email this week, which I did. But then I received an email telling me they can’t process my application because they are still waiting for information from the Ministry [of the Interior].
 
When asked about the delays being experienced by some people, he said: “British in Austria have been very impressed with the work of the Ministry of the Interior and we have had tremendous feedback about how those appointments which have taken place have gone.
 
 
“But there is clearly work to do in ensuring that everybody in local government, as well as employers, understand the current rules.”
 
British in Austria is running a feedback form on its website to keep track of people’s experience and so far they are receiving mainly positive responses (see graphic above).
 
Graham said: “The average overall score is 4.67. Admittedly, 95 of these respondents were in Vienna, so we don’t yet have a complete picture from around the provinces, but early signs are that it is going well everywhere where they are conducting face-to-face appointments.”
 
Anyone that experiences unreasonable delays to their application process is urged to contact the British Embassy at [email protected]

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RESIDENCY PERMITS

Which countries in Europe impose language tests for residency permits?

Certain countries across Europe demand foreign citizens pass a language test to qualify for certain residency permits. But how does each country compare and what level of language do they require?

Which countries in Europe impose language tests for residency permits?

Germany

Germany requires people to have a certain standard of the language to gain permanent residency (Niederlassungserlaubnis / unbefristete Aufenthaltserlaubnis).

When it comes to language skills, the current rules require German at level B1 on the six-level scale of competence laid down in the Common European Framework of Reference for Languages (CEFR).

This involves taking a test at a language school recognised by authorities. The test includes reading, listening, writing and spoken sections. B1 level on the CEFR scale is defined as being able to “understand the main points of clear standard input on familiar matters regularly encountered in work, school, leisure, etc.”

Other residency permits, such as the Blue Card, do not generally have formal language requirements.

German citizenship has a B1 language requirement. Note that both citizenship and permanent residency have several other requirements, such as living in Germany legally for a certain period of time.

READ ALSO:

France

At present there is no formal language requirement for residency permits, although for certain groups the Office français de l’immigration et de l’integration (OFII) can require people to attend French classes. The classes are provided for free in most circumstances.

This could change, however, as the Interior Minister Gérald Darmanin has outlined a plan to make French test compulsory for certain types of long-term residency permit.

At this stage his plan has little detail, so we don’t know what level of French will be required, but it seems to be targeted only at those who are seeking a long-term residency permit, so new arrivals will not be required to have mastered French in advance. The plan does not affect people applying for visas.

READ ALSO French language tests for the carte de séjour: What we know so far

Only French citizenship has a formal language requirement at present – those applying for citizenship through residency need to present a certificate, no more than two years old, to show that they have passed writing, reading, listening and speaking tests at B1 level. A previous exemption for over 60s was scrapped in 2020. 

TEST: Is your French good enough for citizenship and residency?

Spain

Spain doesn’t currently have any language level requirements to obtain residency, and there is no evidence that this is or has ever been considered. 

The country does however expect foreigners applying for Spanish citizenship to prove some command of the Spanish language by obtaining an A2 DELE qualification (Diploma de Español como Lengua Extranjera) if they’re not originally from a Spanish speaking country. 

The A2 level is still fairly basic however, it’s the second lowest and equates to being a high-level beginner capable of understanding and putting together everyday sentences.

There’s also a language requirement for foreigners from non-Spanish speaking countries who want to have their qualifications recognised to work in regulated professions in Spain (homologación) – a B2 – equal to a high intermediate.

Even though proving a good command of Spanish isn’t a requirement for residency, learning the language is a must for foreigners. Unlike in other European countries such as the Netherlands or Scandinavian nations, Spaniards don’t generally speak English, so learning at least some Spanish is essential for everyday tasks, unless foreigners only want to stay in so-called ‘expat bubbles’.

Switzerland

Whether granting permanent residency or citizenship, whether you are ‘successfully integrated’ is the major question for Swiss authorities. 

Being successfully integrated means that they “should participate in the economic, social and cultural life of society”, according to the State Secretariat for Migration, which includes speaking at least one of Switzerland’s languages. 

Reader question: What does being ‘successfully integrated’ in Switzerland mean?

However, the level of language proficiency differs depending on the type of residency permission you want: residency permit, permanent residency or Swiss citizenship. 

Fortunately for new arrivals, you do not need to show Swiss language proficiency to get a standard residency permit. 

Generally speaking, those on short-term residency permits – such as B Permits and L Permits – are not required to show proficiency in a national language. 

There are some exceptions – for instance people on family reunification permits – however by and large people who have just arrived in Switzerland for work do not need to demonstrate language proficiency. 

Permanent residents however will need to demonstrate language proficiency. 

EXPLAINED: What’s the difference between permanent residence and Swiss citizenship?

For ordinary permanent residency – which is granted after an uninterrupted stay of five years or ten years in total – you need to demonstrate A2 level of a spoken Swiss language and A1 written. 

Citizens of Austria, Belgium, Denmark, France, Germany, Greece, Italy, Liechtenstein, Netherlands, Portugal and Spain are exempt from these language requirements. 

For fast-tracked permanent residency, the language level is a little higher. 

You must demonstrate A1 written but B1 spoken. 

There are also exceptions for people who can demonstrate they have a Swiss language as their mother tongue, or that they have attended compulsory schooling for a minimum of three years in a Swiss language. 

Demonstrating language proficiency must be done through an accredited test centre. The accreditation process is handled at a cantonal level. More information is available here

More information about language requirements – including what you need for Swiss citizenship – is available at the following link. 

EXPLAINED: Everything you need to know about Swiss language tests for residency

Norway

Residence permits in Norway come in two forms, permanent and temporary. There are no language requirements or tests for temporary permits, nor are there any plans in the works to bring them in. 

Permanent residence does come with language requirements, however. Depending on where you are from, the type of temporary permit you have held, whether you were granted residency to live with somebody in Norway, and their situation, you will need to complete between 250550 hours of Norwegian language tuition and complete a social studies course.

In some situations, you can get around the language tuition by proving that you have adequate knowledge of Norwegian. For example, if you have passed all four parts of the Norwegian exam at a minimum of level A2: oral, listening, reading and written presentation, you do not need to meet the tuition requirements. 

Similarly, when applying for citizenship, you will need to meet language requirements. EU and non-EU citizens must pass an oral Norwegian language test at either A2 or B1 level. A2 refers to an elementary level of Norwegian, and B1 is considered semi-fluent. For citizenship, some residents will need to have also completed tuition in the language also.  

The change to the language requirement from A2 to B1 will apply from autumn 2022 at the earliest, according to the UDI

Italy

For most types of Italian residency permit, applicants are not required to sit a language test.

But if you’re a non-EU citizen applying for a permesso di soggiorno per soggiornanti di lungo periodo (long-stay residency permit) based on being resident for five years or more, there is a requirement to prove at least A2 level competency in Italian.

The A2 level is still fairly basic: it’s the second-lowest on the the six-level scale of competence laid down in the Common European Framework of Reference for Languages (CEFR), and equates to being a higher-level beginner able to understand and put together simple sentences.

If you’re applying for citizenship, Italy demands proof of having a slightly better command of the language: applicants must show they’ve passed an Italian language exam at the level of B1 or higher.

The B1 level is a lower intermediate level of proficiency, and equates to being able to communicate in most everyday situations. 

READ ALSO: What you need to know about Italy’s language test for citizenship

For those who simply need to pass the exam in order to get the required paperwork, and don’t need to prove their linguistic competency for any other reasons (such as study or employment), there is a simplified ‘B1 cittadinanza’ (B1 for citizenship) exam created specifically for this purpose. 

For residency and citizenship applications, certificates proving you’ve passed a language test are only valid if issued by a school (in Italy or abroad) which is accredited by one of four Italian language institutes recognised by the Interior Ministry.

Even though you don’t need a particularly high level of Italian to obtain either residency or citizenship, language skills will prove essential for foreign residents. Unlike in some parts of Europe, most Italians don’t speak English – at least outside of the more touristy areas.

Sweden

The Swedish government is currently carrying out an inquiry on a proposal that would require permanent residence applicants to prove basic Swedish proficiency. Right now, there are no language requirements for other short-term residence permits, including study permits and work permits. 

READ ALSO: TEST: Is your Swedish good enough for permanent residency?

Under the proposal, applicants would have to pass a test certifying that they can read, write, listen, and speak at an A1/A2 level on the Common European Framework of Reference for Languages (CEFR) scale. In the Swedish government’s free language classes, known as Swedish for Immigrants (SFI), this corresponds to passing course C, the third of four levels. 

This proposal is still in its inquiry stage, which will end in May 2023. 

Austria

Austria has language requirements for most of its residence permits and German knowledge is expected to increase as people need to renew their cards.

There is no language requirement for the most common work-based permit, the Red-White-Red card, though. However, there is a point-based system to be able to apply for the permit and knowing German or English will give the candidates points – how many and for what level will depend on which group they belong to.

READ ALSO: How Austria is making it easier for non-EU workers to get residence permits

For example, “very highly qualified workers” will get ten points (they need 70) if they speak German or English at an A2 level. But “skilled workers at shortage occupations” can get 15 points if they can prove German knowledge at a B1 level (ten points for A2 and five for A1) and another ten for English at a B1 level.

The Red-White-Red Card is issued for 24 months and entitles the holder to fixed-term settlement and employment by the employer specified in your application.

READ ALSO: Working in Austria: Why foreigners find it hard to integrate in the workplace

After that, they may apply for the Red-White-Red Plus, which is also the permit for family members of Austrian citizens, Red-White-Red Card workers, and EU citizens.

In many cases, including for spouses of Austrian citizens, but not for family members of EU citizens, there is a language requirement of an A1 level German even before immigration. You can read more about the requirements and exceptions here. The requirement will go up to B1 (which is also the minimum level for naturalisation) as they seek a long-term settlement, with few exceptions.

Denmark

Denmark requires people who are granted residence based on family reunification to pass a language test. This only applies to family reunified spouses (and not, for example, children).

People granted residence in Denmark on the grounds of family reunification with spouses are normally required to pass two tests in Danish, meeting the A1 and then A2 standards. The A2 requirement does not apply to people who applied before July 2018.

The A1 level test must be passed within six months of being granted a residence permit in Denmark, and the A2 level test within nine months.

Passing the language tests reduces the so-called ‘bank guarantee’ (bankgarantien), a sum of money which must be provided by the spouse as security against the granting of their partner’s work permit. More detail on this can be found here.

READ ALSO: How the dizzying cost of family reunification keeps Danes and foreign partners apart

There are various ways for non-EU residents to get a Danish work permit based on their profession. A list of different types of work sectors and requirements needed can be found on the website nyidanmark.dk.

These include the Fast-Track Scheme, Pay Limit Scheme and Positive Lists among a series of other routes. Unlike with family reunification, profession-based residence and work permits do not have a language requirement.

READ ALSO: What’s the difference between temporary and permanent residency in Denmark?

Elsewhere in Europe

In the Netherlands, the requirements will depend on many factors, including your nationality.

Before getting a residence permit, many people must go through a process to receive a provisional residence permit, the MVV. During this process, there is a Dutch language requirement.

However, citizens of EU and EEA countries, Australia, Canada, the UK, US, Switzerland and other countries do not need the MVV and, therefore, will not need to prove Dutch skills. Furthermore, people who are family members of an EU or EEA citizen (but not Dutch citizens) also don’t need the provisional residence permit and can skip the language requirements in most cases.

Depending on your purpose of stay, you might not need an MVV or proof of Dutch knowledge. If you need to fulfil language requirements, the level is A2, but the Dutch government intends to increase it to B2.

You can find more information here.

In Portugal, there are no language requirements for long-term residence visas regardless of the applicant’s nationality or purpose of stay.

After five years of legal residency, though, it’s possible to apply for a permanent residence permit, which has an A2 Portuguese level requirement.

In the United Kingdom, most people who are applying for citizenship or settling in the UK (the “indefinite leave to remain”) will need to prove their knowledge of the English language if they are 18 or over.

The requirement is at least a B1 level of English which can be confirmed by submitting a qualification or having a degree taught or researched in English.

You do not need to prove your knowledge of English in certain circumstances.

In Belgium, things can get a little tricky. Anyone who wants to stay in the country for more than 90 days will have their “efforts to integrate into Belgian society controlled”, according to the Foreign Office.

There are several exemptions to this, though, including minors or refugees. You can check all exemptions here.

Those who are not exempt will be required to prove “integration efforts” whenever applying for the renewal of their permits and for a limited period after, depending on the type of permit. The checks also apply to those with permanent residence.

The assessment of the “integration efforts” takes into account several criteria, including if the person is employed, if they attended an integration course, went to school, and if they have knowledge of the local language.

If the efforts are considered non-existent or insufficient, the Foreign Office may “refuse to renew the residence permit or terminate the stay” – though they add that they will consider the nature and strength of family ties in Belgium.

Don’t forget to check the official websites and consult with the embassies and local offices to get information on your specific case.

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