Berlin Institute for Comparative Social Research. Marriage Migration in Austria. Project:

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1 Berlin Institute for Comparative Social Research Member of the European Migration Centre (EMZ) Marriage Migration in Austria Mária Guličová Grethe and Catrin Nähr Project: Protection and Aid Measures for Female Marriage Migrants from Third Countries in the Member States of the European Union DAPHNE Programme - European Commission March 2004

2 Table of Contents Introduction Female migration to Austria Research and public debate Forms of marriage migration Legal framework Regulations in the national aliens act Employment of immigrants Regulations in cases of inner-familiar conflicts The law for protection from violence in the family (Gewaltschutzgesetz) Changes in the penal legislation The institutions and organisations addressing the issue of migrant woman and marriage migrants State institutions Non-governmental organisations International organisations Partner mediation and marriage agencies Analysis of the phenomenon of marriage migration to Austria Good Practices and Recommendations Conclusion References Annex: List of addresses

3 Introduction Although Austria has a long history of immigration, the country officially does not understand itself as an immigration country. In October 2004 the Minister of the Interior Ernst Strasser mentioned that Austria is not a typical immigrant country. At the same time a large Austrian newspaper reports on the now 40-yearold tradition of immigration of Turkish workers to Vienna. 1 Apart from the workers migration in the last decades, Austria has also become a destination and transit country of immigrants from its neighbour states. As in other EU-countries, immigrants in Austria are divided into two categories: either they fall into the one of EEA-country-citizens or they are third-country nationals. The first category enjoys many rights, while the second group faces various forms of (legal) discrimination. And especially female marriage migrants get to feel this discrimination in many EU-countries. Dealing with the issue of marriage migration, this report shall give an overview of the protection and aid measures for female marriage migrants from third countries in Austria. The first section will introduce into migration policy and the issue of marriage migration in general. Different forms of marriage migration will be presented, like forced and arranged marriages or sham marriages. In addition the level of research and the public debate in Austria will play an important role. The second chapter will highlight the legal framework female migrants live in. Regulations concerning entry, residence and employment will be included as well as latest changes in the penal legislation and the law for protection of violence in the family. In the following section the focus will shift to governmental and non-governmental agencies supporting or being responsible for female (marriage) migrants. The section deals on the one hand with the work of organisations, with their problems and experiences, on the other hand it wants to point out the problems the women have with their status as marriage migrants. The fourth chapter will provide an overview concerning internet marriage arrangement agencies that mediate women from third countries to Austrian men. Here the presentation of women and the creation of websites will play an important role. The fifth chapter will analyse the different roles of state institutions and non-governmental organisations as well as the situation of marriage migrants in Austria, building on the interviews carried out with the involved NGOs. Based on these findings as well as proposals of aid agencies this report will conclude with recommendations for developing good practices for the protection and support of female marriage migrants. The present report builds on earlier research on the legal and social situation of marriage migrants in Austria. 2 The results of this previous study will be extended and actualised. They serve as a necessary background to introduce Austrian migration history, relevant legal regulations and the operational readiness of the topic in the public debate. 1 See: and article about immigration of Turks to Austria available at: accessed: "Marriage as Immigration Gate: the Situation of Female Marriage Migrants from Third Countries in the EU Member States" (Heirat I). Results of this project can be accessed via: 3

4 1. Female migration to Austria The legal situation of migrants in Austria is one of the most restrictive in the EU. The restrictions governing employment, housing, social and political rights of non-eu immigrants make integration difficult. Since the beginning of the 1990s the state tries to keep immigration controlled and on a low level. Immigration was fixed on quotas since 1993 annually. By this quotas it is specified how many thirdcountry immigrants will get a new permission to establish residence (Niederlassungsbewilligung) in Austria. For the year 2004 this quota amounts 8,050 persons. 3 It is remarkable that refugees, immigrants in the context of family reunion, and children of foreigners born in Austria are contained in this quota. 4 For the year 2004 the quota for family reunion was specified on The main immigrant communities in Austria are represented by people from Turkey and former Yugoslavia. From at present about 570,000 upright residence titles approximately 340,000 fell at persons from Serbia and Montenegro, Turkey and Bosnia-Herzegovina. 6 Altogether immigrants place about 9 per cent to the population. 7 The immigration of women to Austria is multifarious. Women came together with their husbands or they followed them, they came alone, for getting a job and the chance to support their families left in their country of origin or they only wanted to start a new life. The first alternative was and still is the most existing phenomenon an accompaniment of the workers migration since the 1960ies. 8 Primarily women from FR Yugoslavia and Turkey came by this way to Austria. In 1971 only 37% of the Yugoslavians and 13% of the Turks living in Austria have been female. In the following decade these percentages grew to 45% for Yugoslavians and 40% for Turks. In 1991 the percentage declined, what was related to the increasing immigration of Eastern-European men. In contrast, many female migrants from Thailand and the Philippines came to Austria, relating to recruitment of nurses in this area. 9 Expectedly, in 2003, female marriage migrants with the most common continent of origin stemmed from Europe. Specifically, the largest number of foreign wives arrived from European, but non-eu15 countries. Figure: Foreign Wives by Continent, 2003 Africa 3% America 6% Asia 10% Stateless, unknown 0% EU15, except Austria 23% Other Europe 58% Source: : Statistics Austria 3 Counselling Centre for Migrants: Die rechtliche Stellung von Ausländern in Österreich, S. 14. Online available at: 4 See: 5 Counselling Centre for Migrants: Die rechtliche Stellung von Ausländern in Österreich, S. 14. Online available at: 6 Bundesministerium für Inneres: Asyl- und Fremdenstatistik 2003, S. 13. Pdf-file available at: accessed: Fassmann/Stacher: Österreichischer Migrations- und Integrationsbericht. Demographische Entwicklungen, sozioökonomische Strukturen, rechtliche Rahmenbedingungen. Wien 2003, p Fassmann/Stacher: Österreichischer Migrations- und Integrationsbericht. Demographische Entwicklungen, sozioökonomische Strukturen, rechtliche Rahmenbedingungen. Wien 2003, p. 148f. 4

5 Further examination of this share indicates that 896 marriage migrants arrived form Serbia and Montenegro, 776 from Romania, 510 from Bosnia and Herzegovina, 439 from Croatia and 384 from Slovakia. Thus, the bigger part of female marriage migrants comes from South-east Europe. In general has to be noted, that female migrants by the majority live under worse living conditions than Austrian women and male migrants. Fassmann and Stacher stated, that the bigger part of women from former Yugoslavia, Turkey, Middle- and Eastern-Europe or third countries is the worst paid group of employees. Additionally foreign women are especially hidden by unemployment, often live in bad equipped dwellings and have a worse state of health than Austrians. 10 One of the main problems in Austria seem to be, that an integration is not laboured by the state and that approaches with Austrians often are difficult. The living in nuclear families in many cases means a separating for the female migrants, who mainly come from cultures with traditional family-networks. By leaving this networks the women get dependent to their husbands, what may be momentous in cases of divorce. In contrast during their interviews Fassmann and Stacher figured out, that a marriage with an Austrian man often is felt as a facilitation of integration Research and public debate By all advisory institutions contacted within this research project 12 it was criticised that the topic of marriage migration and the associated matters are not discussed in the public sufficiently. Any attempts of clarification have usually lead to negative associations with immigrants. For example, forced marriages are brought in connection with the bad ways Turks treat their wives. 13 Another problem is that there is not enough research and there exists just a few literature concerning the topic. One of the Interview-partners explained: In Austria everything is quiet.. 14 Nothing the defiance two important works appeared in the last years: One documentation of the conference Migration of female immigrants and structural force (Migration von Frauen und strukturelle Gewalt), which took place in Vienna in September 2002, and the Austrian Migration and Integration Report (Österreichischer Migrations- und Integrationsbericht). 15 The first work describes the legal situation of female immigrants and topics like residence, labour market, social and medical care as well as trafficking are discussed. Also structural conditions, which represent a form of violence become visible. The second work, the Austrian Migration and Integration Report, does not concern exclusive to women s affairs, but in addition to demographic, economic and legal remarks, the situation of female immigrants is represented very well and many problems are pointed out. As one of the main difficulties it is discussed the constantly changing legal system and the fact that female immigrants often are delivered to domestic violence. 16 It seems to be a great advantage, that for the research took place interviews with immigrants. In addition the Ministry of Science ran a research programme on xenophobia between 1995 and The results of the programme were published in seven books, among them a study of Davy and Waldrauch. They developed an index of legal integration of immigrants, which gave a candid view on Austria's weak position in this field. 17 Unfortunately the majority of research projects concentrates on general aspects of immigration or the integration of foreigners into the Austrian labour market. For example, there are annual publications of the Austrian Institute of Economic Research (WIFO) about economic needs for migration and recommendations for setting the quota. 18 Another study about Austrian immigration was published as a part of the project EU and US approaches to the management of immigration of the Migration Policy 10 Fassmann/Stacher: Österreichischer Migrations- und Integrationsbericht. Demographische Entwicklungen, sozioökonomische Strukturen, rechtliche Rahmenbedingungen. Wien 2003, p. 144, Fassmann/Stacher: Österreichischer Migrations- und Integrationsbericht. Demographische Entwicklungen, sozioökonomische Strukturen, rechtliche Rahmenbedingungen. Wien 2003, p Interviews: Peregrina , Intervention Agency against Violence in the Family , Association Fibel , Counselling Centre for Migrants , Orient Express Interview: Peregrina Interview: Peregrina Arbeitsgruppe Migrantinnen und Gewalt (eds.): Migration von Frauen und strukturelle Gewalt. Wien: Fassmann/Stacher: Österreichischer Migrations- und Integrationsbericht. Demographische Entwicklungen, sozioökonomische Strukturen, rechtliche Rahmenbedingungen. Wien, Fassmann/Stacher: Österreichischer Migrations- und Integrationsbericht, p Davy, U. (eds.): Die Integration von Einwanderern. Rechtliche Regelungen im internationalen Vergleich. Frankfurt am Main/New York: Waldrauch, H.: Die Integration von Einwanderern. Ein Index rechtlicher Diskriminierung. Frankfurt am Main/New York: See: König, Karin, Perchinig, Bernhard: Austria. In: Niessen, Jan/Schibel, Yongmi/Magoni, Raphaele: EU and US approaches to the management of immigration. Brussels: 2003, p. 7. 5

6 Group (MPG). Among others, this report concerns with family reunion, but does not deal explicitly with marriage migration. 19 Concluding it has to be noted, that meanwhile a discussion of immigration problems and women's needs takes place in the Austrian public and that there were important improvements in the range of violence prevention. Nevertheless there are enough subject areas, which are still taboo and a bigger part of the debate happens within the non-governmental organisations and academic circles Forms of marriage migration Of all marriages contracted in Austrian registry offices in 2002, 23.8% were binational marriages. 21 Since 1998 the number has constantly grown and particularly in 2001 a strong increase could be registered, when the proportion of binational marriages exceeded twenty percent. Among the freshly married Austrian citizens who selected a non-austrian partner, the figures are overwhelming male-biased: in 2002 about 61% of binational marriages are registered between an Austrian man and a non-austrian woman. 22 It must be stated, that a significant part of binational marriages are celebrated by naturalised migrants and persons from their country of origin. This is to be accepted especially for such countries from which many persons come for family reunion to Austria, for instance Turkey or former Yugoslavia. 23 Also characteristic for binational marriages in Austria is, that the majority of non-austrian spouses come from Europe, especially from South East Europe and Germany. The majority of female marriage migrants from other continents were Asians, Brazilians and Nigerians. 24 In the following section special forms of marriage migration will be presented. It will be concentrated on forced and arranged marriages, on catalogue marriages and marriages of convenience. This can be attributed to the outcome of the collecting of information for this research, which shows that these forms save a conflict potential, which may lead to extensive problems for the women. Actually there seem to be two forms of forced marriage, which can be observed in Austria. 25 The first possibility is, that the girls live in Austria and possess the Austrian citizenship. According to contacted organisations, in such cases the girls are married to a friend of the family or a relative living abroad. Normally this seems to be happen during the summer holidays of the girls. They travel to their country of origin with their parents, not knowing what is waiting for them. 26 The second possibility is, that the girls live abroad and are married with a boy living in Austria. The organisation Orient Express states, that this form of forced marriage often is more disadvantageously for the girls, because in many cases they are left alone. 27 The boy may have another girl and is not interested in living with his bride. The parents-in-law are often the only persons the girls know. In addition the girls do not speak German and they have only small chances to find a job. 28 Forced marriages seem to be rather rare in Austria. If they do happen, it is mainly very young women, who are involved because they cannot decide freely, are merged into family structures and are under strong psychological pressure. In most cases they have a Turkish, Arabian or Eastern European background and are between fourteen and twenty years old. 29 More frequently than forced marriages are arranged ones. Usually arranged marriages are relationships between women and men with the same ethnical background, where one of them lives in Austria as a citizen. According to the interview partners most arranged marriages in Austria seem to be occurred between Turks. 30 Here this form of marriage has a long tradition and pre-marital relationships are taboo. 19 König, K., Perchinig, B.: Austria. In: Niessen, Jan/Schibel, Yongmi/Magoni, Raphaele: EU and US approaches to the management of immigration. Brussels: See: König, K., Perchinig, B.: Austria. In: Niessen, Jan/Schibel, Yongmi/Magoni, Raphaele: EU and US approaches to the management of immigration. Brussels: 2003, p See: Association Fibel: Statistik zu binationalen Eheschließungen in Österreich im Jahr 2002, Wien 2004, p Association Fibel: Statistik zu binationalen Eheschließungen in Österreich im Jahr 2002, Wien 2004, p Association Fibel: Statistik zu binationalen Eheschließungen in Österreich im Jahr 2002, Wien 2004, p Association Fibel: Statistik zu binationalen Eheschließungen in Österreich im Jahr 2002, Wien 2004, p. 3ff. 25 See: Interview of the platform for female rights and against discrimination profrau with Mrs. Basari from Orient Express in April 2004, available at: accessed Interview profrau with Orient Express, available at: 27 Interview profrau with Orient Express, available at: 28 Interview: Intervention Agency against Violence in the Family , Peregrina , Orient Express and the Interview of profrau with Orient Express, available at: 29 Interview: Peregrina , Intervention Agency against Violence in the Family , Counselling Centre for Migrants , Orient Express Interview: Intervention Agency against Violence in the Family , Peregrina , Orient Express

7 Arranged marriages are often motivated morally. They redeem old obligations or a family member has the possibility to come to Austria assuming that the woman has an Austrian passport. 31 According to the information collected thus far, women involved into catalogue marriages in Austria usually come from Asia, mainly from Thailand and the Phillipines. 32 Most of them seem to be obtained by different kinds of agencies and meanwhile there exists a market for Asian women in the internet. Following the Intervention Agency against Violence in the Family (Interventionsstelle für Gewalt in der Familie) in many cases of catalogue marriages the man selects a women, travels to Thailand, where different contracts are locked. Money is paid to the family of the woman and she agrees not to work in Austria. The Intervention Agency explained, that by this way women often consciously go to dependence by marrying. 33 In addition they proceeded, that in the first time violence is not existing. Women are responsible for cooking and deseaming, in most cases they are isolated and do not have the possibility to learn German. Later women seem to experience ever more frequently violence from their husbands and it is not rare that women involved in catalogue marriages seeking aid and advice often are exposed to sexual abuse and brutal violence of their husbands for years. Therefore this kind of marriage migration is often brought in connection with trafficking. 34 The Intervention Agency regrets that only few women come to the institutions for getting help, but assumes that most of them are uninformed and deceived by their husbands. It is believed that many of these women are living in the underground, because the vital fear is so large. 35 The third form of marriage migration, which will be presented here is marriage of convenience, which serves the sole purpose of obtaining a residence permit. According to an to of the foreigner-police office (Fremdenpolizeiliches Büro) many cases the foreigners pay 5,000 Euro and more for a marriage with an Austrian citizen, whereby a part of the money frequently flows to mediators. 36 Naturally it is unknown how many marriages in Austria are shamed, but officials assume that there are some hundred per year just in Vienna. In 2003 residence permits were evoked against 164 persons involved in sham marriages. 37 Lately the procedure against sham marriages was intensified. Since 2002 permanent controls by the foreigner-police are to contain sham marriages, and according to the organisation Peregrina many female immigrants married to Austrians, have to wait up to one and half year until they receive their permission to establish residence (Niederlassungsbewilligung) especially if they are from Africa. 38 In some cases Austrian citizens have to undergo an interview, in order to exclude a sham marriage. Additionally, in August 2004 was created a special group of officials of the foreigner-police office, which is responsible for discovering sham marriages. Since the employment of the group the number of discovered cases seems to rise. 39 Beside that responsibles demand a standard for register offices to announce suspicious to the Executive, how it is usual in the United Kingdom Interview: Intervention Agency against Violence in the Family , Peregrina , Orient Express Interview: Intervention Agency against Violence in the Family Interview: Intervention Agency against Violence in the Family Interview: Peregrina , Intervention Agency against Violence in the Family Interview: Intervention Agency against Violence in the Family See: Article of Klaus Stöger: Scheinehen:unkomplizierte Schlepperei, available at: accessed: Salzburger Fenster, , volume 32/04: Article of Daniela Strasser: Adoption, Schwagerehe: Wie Zuwanderer tricksen. Online available at: accessed: Bundesministerium für Inneres: Asyl- und Fremdenstatistik 2003, pdf-file, online available at: accessed: Interview: Peregrina See: Article of Klaus Stöger: Scheinehen:unkomplizierte Schlepperei, available at: accessed: See: Article of Klaus Stöger: Scheinehen:unkomplizierte Schlepperei, available at: accessed:

8 2. Legal framework For this research it is necessary to have a look at the legal status of female immigrants in Austria and their integration to the labour market. In the ranges of the aliens legislation there took place different changes in the last years. This changes will be an important part of the following chapter. In addition it will be pointed out what problems female immigrants have in cases of inner-familiar conflicts and which protection for the women is available in the legal framework. 2.1 Regulations in the national aliens act Entry, stay and residence of foreign citizens in Austria are regulated by aliens act (Fremdengesetz). If there are no intergovernmental regulations, citizens of third-counties need a visa for entry. Because in Austria it is not possible to obtain a visa for purposes of marriage, a woman who wishes to marry in Austria has to enter with another type of visa (e.g. tourist visa). 41 The regulations of her stay and residence status vary according to whether she marries an Austrian, Swiss, EU or EEA citizen or somebody of another nationality. At all there are three different residence titels: A simple residence permit (Aufenthaltsgenehmigung), a permission to establish residence (Niederlassungsbewilligung) and an unlimited residence permit (Niederlassungsnachweis), which exists since January A simple residence permit is meant for thirdcounty nationals, who only want to stay temporarily in the country or such staying constantly in the country without establishing themselves. 42 Third-country nationals, who want to establish themselves durably in Austria need a permission to establish residence. For spouses of Austrian, Swiss or EU/EEA-citizens it is granted a first permission to establish residence for one year and can be extended for another year. After two years main domicile in Austria an unlimited residence permit is possible. 43 Women married to non EU/EEA-citizens can request a permission to establish residence. This normally is granted for one year and can be extended for four more years, what depends on the validity of the husband s permission. It is remarkable, that the period of validity may not exceed the validity of the title of reference person. 44 The first permission to establish residence normally has to be requested from the foreign country, is fixed on quotas and the applicant has to fulfil certain conditions. Because there are more applicants than quota places in some cases women married to non-eea nationals have to wait for years getting a permission. 45 In addition it is proved if the living costs are denied, a health certificate must be submitted and since January 2003 it has to be signed an Integration Agreement (Integrationsvereinbarung). This obliges the applicant to make efforts at integration in the Austrian society, which consist primarily of German integration courses. If a spouse does not attend these courses, she may be fined and If she has not completed the course within four years after having signed the agreement, this may count as grounds for expulsion. 46 If the Integration Agreement is fulfilled and the spouse had her main domicile in Austria for five years, during which she lived with her husband in the same household it is granted an unlimited residence permit. 47 The Integration Agreement and the introduction of the new unlimited residence title (Niederlassungsnachweis) were not the only changes in the aliens act, which entered into force on 1 January Following amendments affected people living in binational marriages: 1. Family members of immigrants, who established themselves after 1 January 2003 may enter to Austria for family reunion outside of the quota. 41 See: 42 See: 43 See: 44 Counselling Centre for Migrants: Die rechtliche Stellung von Ausländern in Österreich. Wien: 2004, p.15, Davy U./Cinar D.: Österreich. In: Davy, U. (eds.): Die Integration von Einwanderern. Rechtliche Regelungen im internationalen Vergleich. Frankfurt am Main/New York: 2001, p Arbeitsgruppe Migrantinnen und Gewalt (eds.): Migration von Frauen und strukturelle Gewalt. Wien 2003, p Counselling Centre for Migrants: Die rechtliche Stellung von Ausländern in Österreich. Wien: S. 14f.. Online available at: Counselling Centre for Migrants: Die rechtliche Stellung von Ausländern in Österreich. Wien: 2004, p. 16. Online available at: 8

9 2. Marital partners of Austrian citizens are granted a residence card two years after they have been granted their first permit of residence. This card replaces the unlimited permit of residence (in the passport), which until now foreigners had received after the end of the two-year period. 3. Relatives of Austrian citizens or citizens of Switzerland and EU/EEA countries, who have special rights, will receive a permission to establish residence even if they lose their reasons for their special treatment. In particular, the following people are affected: - children (of "third-countries") after they reach the age of 21 - citizens of "third-countries" who are divorced from the Austrian marital partners - citizens of "third-countries" whose Austrian relatives (marital partners, parents, children) have died. Thus, the current practise of administrative bodies has been incorporated into the new law. 4. Marital partners of Austrian citizens are allowed to start any work immediately after the marriage, even if they have not yet been granted a permission to establish residence. 5. Citizens of "third-countries", who had not been employed during their marriages with Austrian citizens, have access to the job market after a divorce, if the marriage had lasted for at least 30 months (until now the minimum length had been five years). 6. The procedure for the distribution of an occupation grant was simplified. 48 Lately there is a discussion about amending the aliens act another time. On the one hand it concerns adjustments at EU guidelines on the other hand a development of the integration courses. So far Integration Agreement intended 100 hours German courses, shortly this number could increase. In addition one thinks about an involvement of favoured third-country nationals 49, who do not have to sign an Integration Agreement so far. The Minister of the Interior wants to submit the novella in the first half-year Employment of immigrants For employment it is important if a woman is married to an Austrian, EU/EEA citizen or non-eu/eea citizen. As previous mentioned, spouses of Austrian citizens are allowed to start any work immediately after the marriage, even if they have not yet been granted a permission to establish residence. 51 EU/EEA citizens and their family members are equal to Austrians at the Austrian job-market and do not need a special permission for taking up an employment. From this regulation citizens of Estonia, Latvia, Lithuania, Poland, Slovakia, Slovenia, Czech Republic and Hungary are excepted. They still need a special permission. 52 For third-country nationals there are different possibilities for taking up an employment in Austria: either one may get an employment licence (Beschäftigungsbewilligung), a work permit (Arbeitserlaubnis) or a so-called Befreiungsschein certificate of exemption - which enables foreigners to look for work by themselves. Only for few persons it is possible to get an employment licence (Beschäftigungsbewilligung). There exists a difficult permission-proceed and applicants have to be at an advanced stage of integration, means that they live in Austria since five years or at least one year during which was fulfilled the Integration Agreement. 53 Also female immigrants concerned of domestic violence can get an employment licence (Beschäftigungsbewilligung), if certain conditions are existent. In all cases it is necessary that the request is placed by the employer. In addition it has to be proved, if there is not another suitable unemployed for the job. A work permit is personally issued and entitles the foreigner to work without a Beschäftigungsbewillligung. It is presupposed, that the applicant had a legal occupation of 48 See: article: Wichtigste Neuerungen der Fremdenrechtsnovelle favoured third-country nationals are spouses who marry an Austrian, Swiss or EEA/EU-nationals 50 Sind kein typisches Einwandererland : Strasser kündigt Fremdengesetz-Novelle an article: Wichtigste Neuerungen der Fremdenrechtsnovelle Counselling Centre for Migrants: Die rechtliche Stellung von Ausländern in Österreich. Wien: 2004, p. 5. Online available at: 53 Counselling Centre for Migrants: Die rechtliche Stellung von Ausländern in Österreich. Wien: 2004, p. 6. Online available at: 9

10 fifty-two weeks in the last fourteen months. 54 The work permit is valid for two years and can be extended, if the foreigner was at least employed for eighteen month. A third form of permission is the certificate of exemption (Befreiungsschein). It is issued, if the applicant was employed in Austria for five years, if a divorced immigrant at least was married with an Austrian or EU/EEA citizen for five years or the Austrian spouse died. 55 Due to the Association Agreement between the EU and Turkey, Turkish employees are entitled to take up gainful employment after four years of legal employment - one year earlier than the rest of third-country migrants. 56 At all for third-country nationals it is not simple to get a permission for taking up an employment in Austria. The state has tried increasingly to pursue a selective immigration policy, focussing on a highly skilled workforce and above-average income. 2.3 Regulations in cases of inner-familiar conflicts Normally spouses of Austrian, Swiss and EU/EEA nationals receive an unlimited residence permit two years after establishing in Austria. Spouses of other third-country nationals have to wait for five years. In case of divorce or death, a woman married to an Austrian, EU, non-eu or Swiss national may lose her residence permit if she has been in Austria for less than 2 or 5 years. This means that the residence permit may be withdrawn, or will not be extended. For this reason, a spouse must, after death or divorce of her husband, apply for a change in the purpose of her residence permit. 57 For the work permit now it is regulated, that citizens of "third-countries", who had not been employed during their marriages with Austrian citizens, have access to the job market after a divorce, if the marriage had lasted for at least 30 months. Thanks to the commitment of the Association of Autonomous Austrian Women's Shelters (Verein Autonome Österreichische Frauenhäuser AÖF), third-country migrants may be granted legal access to the labour market earlier if they fulfil one of the four conditions: - they must have reported to the police because of a violent crime, - there must be a provisional injunction of the shared home due to violence, - a divorce on the grounds of violence, - a stay in a women s shelter organisation or reports from institutions which confirm the existence of violence, such as counselling organisations or youth charity organisations The law for protection from violence in the family (Gewaltschutzgesetz) In May 1997 the laws for the improvement of the protection from domestic violence entered into force. Some aspects of this legislation have been amended and improved as of January The principle purpose of the law is to eliminate the unfairness that victims of domestic violence have to flee and hide themselves and functions according to the principle who strikes has to go ( Wer schägt, muss gehen ). 59 The regulations protect anybody residing in a house: the offender's spouse, partner, children and relatives, but also lodgers and other residents. In a severe danger victims can ask the police for protection immediately. Therefore exists a hotline and the police is obliged to respond by coming straight away. If a person is posing a threat to others the police is required to evict that person from the home and the immediate vicinity. In addition the police must immediately take the keys of the dwelling away from the offender. 60 In the words of the law the safety area is defined by victims' needs for effective protection and 54 Counselling Centre for Migrants: Die rechtliche Stellung von Ausländern in Österreich. Wien: 2004, p. 7. Online available at: 55 Counselling Centre for Migrants: Die rechtliche Stellung von Ausländern in Österreich. Wien: 2004, p. 7. Online available at: 56 Counselling Centre for Migrants: Die rechtliche Stellung von Ausländern in Österreich. Wien: 2004, p. 9. Online available at: 57 See: Counselling Centre for Migrants: Die rechtliche Stellung von Ausländern in Österreich. Wien: Online available at: 58 Information provided by the organisation AÖF. 59 Arbeitsgruppe Migrantinnen und Gewalt (eds.): Migration von Frauen und strukturelle Gewalt. Wien 2003, p Leaflet of the Viennese Integration Agency against Violence: Gesetze zum Schutz für Opfer von Gewalt in Familien. Wien 2004, p

11 if the offender violates the barring he or she can be placed under arrest. 61 A barring order is valid for ten days, but a longer-term protection can be applied. Therefore within the ten days victims have to request a temporary injunction against the offender at the local court 62. An injunction can be issued if physical abuse or threats make life with the violent person intolerable, in addition if psychological pressure effects the mental health of victims. By the injunction are protected close relatives of offenders, like spouses, common-law partners or children. 63 Initially an injunction is valid for three month. The validity can be prolonged if the victim is married to the offender are married and files for divorce within the three month. 64 In addition to the protection trough the police the law supports a care of victims through Intervention Centres. After the eviction of the offender, the police steps into contact with one of the nine centres. Employees of these centres contact the victims and offer help. This seems to be very important, because many victims feel weak and are not able to contact an organisation themselves. 65 If it comes to a process, for female immigrants it is often very difficult to state against their husbands. The language, their cultural background and above all their residence title play a very important role. As a consequence female immigrants in many cases stay with their violent husbands. Accordingly, the relief organisations demand an independent residence title for wives of non-eea citizens Changes in the penal legislation In May 2004 the changes in the penal legislation stepped into force. The most important reforms were on the sexual penal legislation. Apart from a conversion of international obligations, like the fight against trafficking, there were important improvements from the woman-political view. Thus the distinction between heavy and less-heavy rape was eliminated and a uniform element of crime was created. In addition rape within the marriage or partnership was equated to rape outside of the marriage. The penalties for the elementary crime can be between six month and ten years. In the range of sexual compulsion the penalty clause for the elementary crime rose from three to five years imprisonment and likewise to rape the distinction between sexual compulsion within the marriage and outside the marriage was waived. Another important step was the creation of a new paragraph 218: for the first time it was created an express regulation against sexual annoyance in the penal legislation. Accordingly each person is protected, who is troubled by a sexual action of another person. However the offender only is to be pursued upon the request of the troubled person. In concluding this section it is important to note one thing: By legislation is set the framework within marriage migrants move. Laws may be helpful or not well suited and especially in cases of marriage migration emerge many problems. For example women exposed to violence of their husbands would not go to the police, if they are insure about their residence status. But where can they find help? And trough whom they get to know their rights? The following chapter presents different institutions, which offer their assistance to marriage migrants and clear up over legal conditions. 61 Text of law available at: see also: Leaflet of the Viennese Integration Agency against Violence: Gesetze zum Schutz für Opfer von Gewalt in Familien. Wien 2004, p Arbeitsgruppe Migrantinnen und Gewalt (eds.): Migration von Frauen und strukturelle Gewalt. Wien 2003, p.115. See also: Leaflet of the Viennese Integration Agency against Violence: Gesetze zum Schutz für Opfer von Gewalt in Familien. Wien 2004, p Leaflet of the Viennese Integration Agency against Violence: Gesetze zum Schutz für Opfer von Gewalt in Familien. Wien 2004, p Leaflet of the Viennese Integration Agency against Violence: Gesetze zum Schutz für Opfer von Gewalt in Familien. Wien 2004, p Arbeitsgruppe Migrantinnen und Gewalt (eds.): Migration von Frauen und strukturelle Gewalt. Wien 2003, p Interview: Peregrina, Intervention Agency against Violence in the Family, Counselling Centre for Migrants, Orient Express. Arbeitsgruppe Migrantinnen und Gewalt (eds.): Migration von Frauen und strukturelle Gewalt. Wien 2003, p

12 3. The institutions and organisations addressing the issue of migrant woman and marriage migrants First of all it has to be stated, that there exists no single organisation for the sole responsibility of caring for marriage migrants in Austria. In fact several institutions and organisations work more or less indirect on the issue and altogether they cover significant concerns of marriage migrants. In the following these organisations will be described, as there are state institutions, non-governmental organisations and international organisations. They all work on different levels and have different approaches. In general, state institutions are responsible for legislation, policy and also for making support possible to women in emergency situations and this especially on a national level. Non governmental organisations are working on a more regional level and offer their aid immediately to the women by counselling, caring and assisting. And finally international organisations are integrated in a greater network and are additionally often important institutions for the exchange of experience as well as information. At all in this section it will be pointed out, what kind of help can be offered by the institutions and organisations, in which situations female immigrants ask for help and which experiences the organisations made. However, since there are many NGOs active in this field, this list is not exhaustive. 3.1 State institutions As already cited there is no single institution for the sole responsibility of marriage migrants. Several government institutes work for covering significant concerns of these immigrants, their competencies however are limited to certain subranges. In the following section the most important ministries having contact to immigrants will be presented. Particularly the Federal Ministry for Health and Women (Bundesministerium für Gesundheit und Frauen), the Federal Ministry of Social Security and Generations (Bundesministerium für soziale Sicherheit und Generationen) and the Federal Ministry of Justice (Bundesministerium für Justiz) will play an important role. In addition the tasks of the Federal Ministry of the Interior (Bundesministerium für Inneres) affecting the issue as well as the Women s Office of the City of Vienna (Frauenbüro der Stadt Wien) will be presented. Federal Ministries (Bundesministerien) One section of the Federal Ministry for Health and Women has the administrative task to promote equalisation of women in all activities of the government. Beside that the Ministry is responsible for promoting gender equality at the labour market and developing new measures and proposals supporting gender equality in Austrian society. The ministry has a women s service agency (Frauenservicestelle), which offers information and advice for women and especially for female immigrants. Consultation to economic, social and cultural issues are available here. Another very important work field is the prevention of violence against women by informing the public and promoting of special projects. There also exists a Women s Helpline against Violence (Frauenhelpline gegen Gewalt), which is available twenty-four hours. Here experts offer first and crisis consultation and mediation to regional organisations. 67 For the Federal Ministry of Social Security and Generations (Bundesministerium für soziale Sicherheit und Generationen) the work against violence in the family also plays an important role. In 1993 it was founded the Platform Against Violence (Plattform gegen die Gewalt) by the Family Ministry, which now is integrated into the Ministry of Social Security and Generations. Today thirty institutions work together within this platform for sensitisation of the public, development of preventative measures, exchange of experience and information, victim s protection and all kinds of counselling. Another important institution of the ministry is the family advisory board: A number of service centres in different federal states of Austria offer counselling to all questions around the family. Doctors, social workers, psychologists, lawyers and others give advice and there exists a special counselling for marriage and divorce. 68 Another kind of contact to female immigrants has the Federal Ministry of the Interior. It is responsible for asylum and foreigners affairs and offers information about legislation, especially about residence rights and the Integration Agreement. There is an information centre, which offers counselling for foreigners and Austrian citizens. 69 In addition the police, which is subordinated to the Ministry of the Interior, is 67 Information available at: 68 See: 69 See: accessed

13 responsible for the protection of victims of domestic violence. In a severe danger victims can ask the police for protection immediately. Therefore exists a hotline and the police is obliged to respond by coming straight away and to evict the person posing a threat to others from the home and the immediate vicinity. 70 The Federal Ministry of Justice is responsible for the general judicial system. Among others it is responsible for legislation, including the areas of family, aliens and penal legislation. It offers consultation concentrating on legal affairs and an emergency hotline for victim s, who receive advise and support from lawyers. 71 Beside their special work, all Austrian ministries play an important role in financing non-governmental organisations. Surely the need of support could not be covered by the ministries. Another problem is, that the legal situation of persons seeking advice often is doubtful, so that they avoid authorities. Frauenbüro der Stadt Wien (The Women's Office of the City of Vienna) The Women's Office of the City of Vienna was established in 1991 for promotion of women and coordination of women s affairs (Frauenförderung und Koordinierung von Frauenangelegenheiten) in the municipality of the city of Vienna. The main focus of its work were city planning in accordance with women's needs, transport, women and public space, the protection and representation of women's interests, support for women-specific projects. 72 Beyond that the Women s Office offers information and advice for women in crisisful situations. Since 1994 exits a women s telephone, where women can get legal and social information and in 1996 it was founded the 24-hour-women-emergency hotline (24-Stunden Frauennotruf). Here women and girls, who became victims of sexual, physical and psychological violence receive aid and support. At the moment the office has got 36 employees, under them lawyers, social workers, psychologists and interpreters. 73 Vienna is the first federal state with a Representative for Women's Health (Frauengesundheitsbeauftragten). Also in the areas of work with female migrants specific women's structures and responsibilities were built up. Thus for example the Vienna Employee Fund (Wiener ArbeitnehmerInnen Förderungsfonds) offers targeted programmes for women as the Women's Labour Foundation (Frauenarbeitsstiftung FAST) Non-governmental organisations While governmental institutions are particularly concentrated on judicial and administrative work addressing migrant women, NGOs step in a more personal contact with female migrants. They directly offer help and support in crisisful situations and advise their clients in special situations. In the following section the work and experience of these organisations will be presented. It has to be noted, that here just a selection of organisations can be described, because of the multitude of such institutions. Verein Fibel - Fraueninitiative Bikulturelle Ehen und Lebensgemeinschaften (Association Fibel - Women's Initiative Bicultural Marriages and Partnerships) Founded in 1993, the non-profit organisation deals with the problems and issues of bi-cultural marriages and unmarried couples. Supported by the Women s Office of the City of Vienna, the Vienna Integration Fond (Wiener Integrationsfond) and the Federal Ministry for Social Security and Generations (Bundesministerium für Soziale Sicherheit und Generationen), the association offers advice to people living in binational partnerships. It is given information and advice in cases of partnership conflicts, legal problems with residence, asylum, work permit, family legislation, social and cultural issues. Mainly personal meetings are offered, but information is also available per phone or per . In cases of need, Fibel mediates professional aid in psychological, legal, cultural, political and social issues Leaflet of the Viennese Integration Agency against Violence: Gesetze zum Schutz für Opfer von Gewalt in Familien. Wien See: 72 See: 73 See: 74 See: accessed: