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AUSTRIAN CITIZENSHIP

‘Citizenship is problem child’: How Vienna’s immigration office MA35 is changing

The Viennese Immigration and Citizenship Department (MA35) is one stopping point for any immigrant moving to the Austrian capital. But it has many problems, here is how the department has changed.

Published: 12 January 2023 16:13 CET
Updated: 20 May 2023 11:20 CEST
'Citizenship is problem child': How Vienna's immigration office MA35 is changing
An Austrian and a European flag flutter in the wind. (Photo by Odd ANDERSEN / AFP)

Any immigrant looking to move to Vienna will eventually have to deal with the MA35, the city’s immigration and citizenship office, whether to get their residence permit, apply for the Anmeldebescheinigung or even years later, apply for Austrian citizenship. 

The department processes an average of around 150,000 applications per year, according to the City of Vienna, and it has difficulties dealing with the amount, leading to many complaints.

One reader, Nicole, who comes from the United States, said her experience dealing with MA35 was “madness” in a recent The Local poll. Besides long waiting times (it takes more than a year to get a first appointment for naturalisation), people complain about rudeness, lost documents and contradicting requests.

Another reader, Juliana, who brought a native friend to help her with German, shared a curious situation: “They even asked for documents that didn’t exist, but in the end, it all worked out.”

READ MORE: ‘Insensitive and inefficient’: Your verdict on Vienna’s immigration office MA 35

MA35 reform

After several complaints and media reports, the office began a large-scale reform process in 2021.

“The goal was to develop MA35 into a service-oriented authority with good accessibility and shorter procedures”, the City of Vienna said. 

So far, several measures have been taken, according to the authorities. For example, there is currently a telephone service centre with a ticketing system, the number of staff has been increased and an external consulting firm is supporting the structural reform concerning customer-friendliness and increased efficiency.    

“With the telephone service centre, we have reached the first milestone in improving and professionalising customer service. In addition, we have taken a major step toward digitisation, which means that all new cases are now fully digitalised”, said Vienna’s Deputy Mayor Christoph Wiederkehr. 

He added that the numbers show better services. “The length of proceedings in immigration has been reduced by more than 25 percent,” he said. “In addition, 15 percent more procedures were completed.”

The telephone service centre has been fully operational since December 2021, and 400,000 customer calls have been made so far. 

The average waiting time for answering a call has been reduced from 3.6 minutes initially to 28 seconds, according to Stadt Wien. More than two-thirds of calls can be resolved immediately over the phone, but 145,000 tickets were created for more complex concerns. The average processing time for the tickets is 2.2 days.

READ ALSO: ‘Bring everything you have’: Key tips for dealing with Vienna’s immigration office MA 35

Additionally, all internal procedural steps for new applications are now entirely digitised. 

In the area of immigration, for example, the duration of procedures has already been reduced by over 25 percent since the end of 2021. On average, a process now takes around 52 days. In addition, approximately 15 percent more procedures have been completed. The average waiting time for a personal appointment here is currently about 24 days, MA35 said.

‘Citizenship remains the problem child’

However, citizenship processes are still taking too long and the authorities say it is due to an increase in applications. Vienna processes more than half of the naturalisation requests in Austria, and the number of applications increased by 30 percent from the first quarter to the third quarter of 2022. 

Because of that, the current waiting time for a personal appointment concerning citizenship is currently around 350 days, according to the authorities. 

“Citizenship remains the problem child, but here, too, we are taking immediate measures to deal with the high number of applications.”, said Wiederkehr.

READ ALSO: ANALYSIS: Could Austria ever change the rules to allow dual citizenship?

One of the measures to shorten the waiting times for appointments is scheduling group appointments for initial information sessions – which will start already in January 2023. 

MA35 is also working on more efficient workflows, with a pilot team already processing procedures faster since November 2022. The new workflow increases productivity in processing by 20 percent and should be rolled out to all teams in citizenship by the end of 2023.

Other measures include hiring more people, and 93 new staff will be added by April 2023, especially in Citizenship, and simplifying processes by implementing dozens of measures proposed in conjunction with NGOs”, Stadt Wien said.

The reform process should be completed by the end of 2024.

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WORKING IN AUSTRIA

Four steps to take immediately after losing your job in Austria

Losing a job can be a nightmare for a foreigner in Austria. Here’s what you need to do to protect yourself and get back on track as soon as possible.

Published: 17 September 2024 16:39 CEST
Four steps to take immediately after losing your job in Austria

Losing a job in Austria can involve significant challenges, especially for foreigners.

You might worry about whether your residence status is at risk, how difficult it will be to find another position, and how you will support yourself while searching for a new job.

However, in Austria, you can take certain steps to protect yourself until you find your next opportunity.

Know your rights and negotiate your terms

If you get laid off, you have rights you should know.

If the contract is ended by mutual agreement (Einvernehmliche Auflösung), which your employer may offer even if the actual reason is dismissal, no notice period is required.

The contract can be terminated verbally or in writing, though written termination is recommended.

This type of termination allows you to negotiate the notice period and conditions with your employer, and you are expected to express your wishes. 

If you instead are dismissed (Kündigung), which refers to your employer terminating your employment without a specific reason, they need to follow certain deadlines and notice periods.

White-collar workers should receive at least six weeks’ notice in Austria. Meanwhile, blue-collar workers are only required to get at least two weeks’ notice, periods that increase the longer you have worked for an employer.

During the notice time, you can either continue working or be placed on what is known as gardening leave, where you do not have to work but are paid as if you were still working.

Your employer can also terminate your contract immediately (Vorzeitige Entlassung) in cases of very serious violations, but this only happens in special circumstances, such as violating company rules.

If this happens, the employer will  need to calculate a final financial settlement, including any wages until the end of the employment relationship, unused holiday days and over-hours, etc.

In general, what is important to also remember is to check on remaining holiday days and unused overtime to make sure you receive appropriate compensation.

Consulting the Chamber of Labour (Arbeiterkammer) or a work council (Betriebsrat) can help you understand your rights. For example, special rules apply to certain workers, such as parents, pregnant women, and those under 18, so it is a good idea to seek advice from your works council or union if this might affect you.

READ MORE: How to find a job in Austria in three months

Get all the important documents from your employer

Once you get laid off, it is essential to ensure that your company gives you all the necessary documents to move forward.

You are entitled to documents such as a Certificate of Employment (Arbeitsbescheinigung) and a Confirmation of Deregistration with the Health Insurance Provider (Bestätigung über die Abmeldung beim Krankenversicherungsträger).

It is also important to obtain a Confirmation of Work and Salary (Arbeits—und Entgeltbestätigung) and an Employment Reference (Arbeitszeugnis) for future job opportunities.

Sign up at AMS and get your unemployment benefits

Austria has strict rules regarding signing up at the Public Employment Service, AMS, after losing your job.

You must register as unemployed with the AMS no later than the first day of your unemployment. If you register later, gaps in your benefits, as well as in your health and pension insurance, may occur.

These gaps can also happen if you do not give AMS all the necessary information for your unemployment registration.

The unemployment benefits are calculated based on your previous income and personal situation.

Usually, you receive about 55 per cent of your previous net income. This amount can be a little bit adjusted based on your personal circumstances, such as if you have children or a spouse financially depending on you, which may entitle you to some extra payments.

Depending on your residence permit, you might not be able to receive long-term unemployment benefits. However, most employees can get unemployment insurance, which covers part of their previous salary while they search for a new job.

It can be a good idea to check in with AMS to get the details about your specific situation.

It is also important to know that if you receive unemployment benefits, you cannot leave the country, even for vacation. If you do need to travel, you must inform AMS in advance, and you will not receive benefits while you are away.

READ ALSO: Should I register with Austria’s unemployment agency AMS if I’m out of work?

Inform the immigration office 

If you are on a residence permit linked to your job, such as a Blue Card or any work visa, you must inform the immigration office, MA 35, about your situation as soon as possible.

Some permits require you to maintain employment to keep your visa valid. Reporting your job loss helps you avoid potential issues with your residence status and allows you to apply for a different type of permit if necessary.

If you, for example, have a Red-White-Red Card for highly qualified workers in shortage occupations and you lose your job within the first two years of residency in Austria, you must inform the immigration office (MA 35 in Vienna or the local Bezirkshauptmannschaft in other parts o the country) and apply for a new residence permit to avoid losing your right to live and work in the country.

In general, it is a good idea to ask the immigration office about your specific options with your current visa.

READ NEXT: What you should do if you lose your residence permit in Austria

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