Family reunification & Co.

Tightening up asylum: What is legally possible

(Bild: stock.adobe.com)

In order to stop the massive reunification of families with refugees, more and more parties want to tighten up the regulations. This is not always easy in asylum matters, as many things are regulated at EU level or stipulated by the Refugee Convention. The "Krone" asked European law expert Walter Obwexer what is possible with the political proposals on the table.

According to Obwexer, family reunification is laid down in an EU directive and this certainly provides scope for tightening the rules. According to Obwexer, it would be possible to introduce the self-sufficiency requirement (income and housing) proposed by the ÖVP as a prerequisite for family reunification. The only restriction: this would only be possible for adults. If minors bring their parents, the ability to support themselves cannot logically be a prerequisite.

Red-White-Red Card as a model
The ÖVP has a similar rule in mind to the Red-White-Red Card for migrant workers. For family reunification, they need proof of an income of between 1,200 and around 2,000 euros as well as proof of a suitable housing situation. Persons entitled to asylum can currently apply for family reunification within three months of receiving their status and do not have to prove their ability to support themselves.

European law expert Walter Obwexer

(Bild: APA/HANS PUNZ)

Upper Austria submits application
Upper Austria, which is governed by a black-blue coalition, wants to make an advance in this area and submit a motion at the next conference of state refugee advisors to establish an analogous regulation in the area of asylum law. This was announced by Provincial Councillor Wolfgang Hattmannsdorfer (ÖVP) via "Krone". "We must stop unbridled family reunification. If you want to bring your family to Austria, you have to prove that you can keep them. On the one hand, this promotes the willingness to actually pursue a job and thus integration, while at the same time helping to ease the burden on our social system."

In Upper Austria, we have clear expectations of people who want to live with us: German, work and respect. Anyone who does not learn German and is not prepared to take up a job will have their social benefits cut.

Landesrat Wolfgang Hattmannsdorfer (ÖVP)

ÖVP blocks SPÖ proposal
The issue of family reunification is the subject of particularly heated debate in the city of Vienna, where the education system is in danger of collapsing due to the fact that 350 new pupils arrive every month without any knowledge of German. The Vienna SPÖ wants to solve the problem by distributing the refugees among all the federal states and is therefore calling for compulsory residency. Firstly, it is a bit late for this: those who are here will not move away. Secondly, the ÖVP rejects this proposal and without the People's Party, nothing works at state level.

Outcry from teachers in Vienna
Teachers' unionist Thomas Krebs is even calling for a "suspension of family reunification". This, in turn, is rejected by integration city councillor Christoph Wiederkehr from the NEOS party as not possible in terms of human rights, but is himself making a legally unfeasible demand: According to Obwexer, the "German before immigration" proposal he brought into play is not feasible.

DNA test will slow down procedures
The stricter document checks and increased DNA testing desired by the ÖVP are relatively easy to implement. All that is needed is to adapt an existing regulation. Chancellor Kerl Nehammer has announced that this will happen as early as next week. The Neos and FPÖ have criticized this plan. They spoke of "populism and deception" of the population, as DNA tests are already possible. However, if they are used more frequently, as envisaged by the ÖVP, this will lead to delays in procedures and therefore also to a slowdown in family reunification.