Statement on the AMPAG draft

The Advice Center for Migrants has submitted a statement on the draft of the Asylum and Migration Pact Adaptation Act (AMPAG).

In our view, the draft contains numerous provisions that could lead to a deterioration in the legal residence situation of third-country nationals. We are particularly critical of the shift of central legal guarantees to the area of official discretionary decisions, insufficient protection mechanisms for particularly vulnerable groups of people and unclear legal terms that could lead to restrictive interpretations during enforcement.

There are particular concerns with regard to:

• the withdrawal of residence permits in the event of unemployment,
• Restrictions on family reunification,
• lack of clarification regarding data processing,
• and barriers to permanent residence – EU.

In our view, the draft does not take sufficient account of Austria’s human rights obligations and integration policy objectives.

We therefore demand, among other things, a stronger decoupling of the right of residence from short-term labor market authority decisions, clearer legal guidelines, the removal of obstacles to permanent residence and a human rights impact assessment before the amendment comes into force.

The complete statement with all legal explanations and detailed justifications can be found in the attached PDF document.

The opinion assesses the introduction of the new residence title “cross-border commuter” pursuant to Section 68 of the Settlement and Residence Act as fundamentally positive, as for the first time a clear residence status has been created for third-country nationals employed across borders. The aim is to ensure legal certainty for employees and employers and to close the current gap between access to the labor market and the right of residence. At the same time, the residence permit remains strictly focused on the labor market and deliberately excludes integration, family and social law aspects. This can lead to legal and practical tensions, particularly in the case of de facto permanent residence in Austria.

Statement

The new “cross-border commuter” residence permit is intended to offer third-country nationals who live in a neighboring country and are employed in Austria a secure residence status. This establishes a systematic link between access to the labor market and the right of residence for the first time.

Procedure and responsibilities

The application is submitted to the competent NAG authority, whereby the AMS examines the requirements under labor market law. A positive AMS notification is a mandatory requirement for the granting of the residence permit; a negative decision leads to the termination of the procedure.

Effects on family, social benefits and citizenship

The residence permit excludes the possibility of family reunification, as no main residence is established in Austria. There is also no entitlement to family benefits and periods of residence are not taken into account for the subsequent granting of Austrian citizenship.

Health insurance

Cross-border commuters are covered by health insurance under the ASVG due to their employment in Austria. However, there are restrictions on access to healthcare services in the country of residence, unless bilateral agreements exist.

Overall rating

From a labor market policy perspective, the amendment creates a clear legal framework. At the same time, integration and social policy issues are deliberately not taken into account, which is why an ongoing evaluation and supplementary solutions – particularly in the area of health insurance – are recommended.

Detailed comments on the opinion

Statement on the residence permit ‘Grenzgaenger’ § 68 NAG

The draft of the Skilled Workers Ordinance 2026 basically complies with the legal requirements of Section 13 AuslBG and represents a permissible instrument for the labor market policy management of qualified immigration. The focus on labor market policy indicators, the points system, the reference to wage standards and the easier access to the labor market for family members should be highlighted as positive aspects. However, it remains critical that the draft only addresses labor market policy requirements and does not provide for any binding protection and integration measures. In its current form, it therefore does not provide a sufficient basis for a sustainable and socially balanced management of skilled workers.

Statement

The Skilled Workers Ordinance 2026 is within the scope of the legal authorization of § 13 AuslBG and pursues the goal of addressing structural shortages of skilled workers on the Austrian labour market. The labor market policy management of qualified immigration is legally comprehensible and fundamentally suitable for responding to existing needs.

Positive aspects of the design

The use of labor market policy indicators when determining the shortage occupations and the orientation towards the AMS system are positive. The planned points system increases the transparency and comprehensibility of the selection decision. The consideration of collectively agreed pay standards and the unrestricted access to the labor market for family members also contribute to legal certainty.

Lack of protection and integration measures

The draft does not contain any binding regulations to prevent wage and social dumping or to enforce minimum standards under labor law. There are also no measures to reduce structural dependencies on the respective employer or elements to promote integration such as language support, advice or social security.

Recognition of qualifications

There is no substantial discussion of existing deficits in the recognition of foreign professional qualifications. This represents a significant structural problem, particularly in sensitive areas such as care, health and services.

Evaluation of the shortage occupation list

The admission of individual occupational groups without sufficient justification of a sustainable nationwide shortage situation should be viewed critically. As a result, there is a risk of compensating for structural problems in working and pay conditions under migration law.

Overall rating

In summary, although the draft formally complies with the legal requirements, it does not provide a sufficient guarantee for a sustainable, socially balanced and fundamental rights-sensitive strategy for skilled workers. Further development is recommended, taking into account labor law, integration policy and welfare state protection mechanisms.

Detailed comments on the opinion

Statement on the draft Skilled Workers Ordinance 2026