How displaced persons prepare the special route to the Red-White-Red Card plus under section 41a(7b) NAG and prove twelve insurance months within 24 months.
For displaced persons with temporary residence rights, section 41a(7b) NAG can open a special route to the Red-White-Red Card plus. General employment is not enough: under section 20e(1) no. 4 AuslBG, the competent regional office of the Public Employment Service must confirm that at least twelve months of the required insurance existed within the last 24 months.
The twelve-month rule must be kept separate from the familiar 21-month rule for other Red-White-Red Card cases. The key issues are the insurance periods under the ASVG or GSVG, the status as a displaced person and a written AMS notification to the competent residence authority.
This article explains the special transition, the 24-month calculation, the role of the AMS and the main evidence to organise. General family reunification and an ordinary employer change are mentioned only to distinguish them from this route.
This check covers temporary protection, the 24-month period, insurance records and the AMS notification. You can send an enquiry with the relevant facts afterwards.
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Section 41a(7b) NAG concerns the special situation of a displaced person with temporary residence rights. Secure the current documents and clarify the actual status before calculating insurance periods.
The special AMS confirmation requires at least twelve months of the insurance specified by law within the last 24 months. Have the insurance record assessed by period and type before preparing the Card plus application.
An employment contract alone does not prove the insurance period required by section 20e(1) no. 4 AuslBG. Organise the insurance record, employment start, employer details and the periods said to make up the twelve months.
Under section 20e(1) no. 4 AuslBG, the competent regional AMS office confirms to the NAG authority whether the insurance periods are present. Clarify which office is responsible and whether the notification has been transmitted.
If the temporary status, twelve insurance months and the AMS notification are documented, the special route under section 41a(7b) NAG can be prepared. The requirements of Part I NAG and the specific procedure still need separate review.
Section 41a(7b) NAG concerns third-country nationals who may be granted a Red-White-Red Card plus if the requirements of Part I NAG are met and a written notification from the competent regional AMS office under section 20e(1) no. 4 AuslBG is available.
The labour-market notification concerns displaced persons who hold temporary residence rights under a regulation issued pursuant to section 62(1) Asylum Act 2005. The lawful residence immediately preceding the grant, based on that regulation, is treated as settlement within the meaning of section 2(2) NAG for this route.
The rule therefore combines two examinations: the special protection status and a sufficient insurance period. The status alone does not create an entitlement to the Card plus. Employment without the required insurance is also insufficient.
Section 20e(1) no. 4 AuslBG requires at least twelve months within the last 24 months in employment fully insured under section 4(1) ASVG or insured under section 2 GSVG. The issue is therefore the insurance record, not merely the number of employment contracts.
The wording in no. 4 uses a 24-month window. The periods should therefore be listed backwards from the relevant assessment point. Whether separate periods can be combined should be checked against the insurance record and the AMS assessment. A rough count of calendar months is not enough.
Section 20e(2) AuslBG expressly lists equivalent periods for employment under paragraph 1 nos. 2 and 3. Holiday, maternity benefit, parental leave or illness should therefore not be transferred automatically to the special no. 4 route.
Before the Red-White-Red Card plus is granted, the competent regional AMS office confirms to the authority under the NAG whether the conditions in section 20e(1) no. 4 AuslBG are met. For no. 4, responsibility is based on the applicant’s residence.
Section 20e(1) AuslBG provides a period of six weeks for this confirmation. This is the period for the AMS to transmit the confirmation to the NAG authority. It is not a general six-week cut-off within which the applicant could create the twelve months.
If the conditions in section 20e(1) no. 4 are not met, the regional AMS office must refuse the confirmation by decision and send it to the competent NAG authority for service on the foreign national. That decision should be compared with the insurance record without delay.
The preliminary file should contain evidence of temporary residence rights, a valid identity document and the current residence documents. The insurance periods within the 24-month window should also be shown by a traceable insurance record.
For employed work, employment contracts, payroll documents, employer confirmations and insurance data help compare the start, end and type of insurance. For GSVG insurance, documents on the self-employed activity and the insurance should be kept separately.
This is not an exhaustive list of documents the authority may request. It helps prevent the protection status, employment periods and type of insurance from being stated without support. Any inconsistencies should be explained before the application.
An employer change during the last 24 months affects which periods can be shown under section 20e(1) no. 4 AuslBG. List each employment separately with employer, start, end and type of insurance. A single annual figure makes the assessment unnecessarily difficult.
In an interruption, first establish whether the required insurance existed before and after the interruption and how the periods fall within the 24-month window. The equivalent periods in paragraph 2 are expressly tailored to nos. 2 and 3. They should not be used as a general interruption rule without checking.
If employer data and insurance periods do not match, clarify the difference with the relevant bodies before the AMS assessment. The article on changing employers with a Red-White-Red Card concerns another employment-based status, but it shows why a change should be classified carefully before the next step.
Section 41a NAG contains several routes to a Red-White-Red Card plus. Other paragraphs may focus on a prior period with a residence title or on an existing Red-White-Red Card. Paragraph 7b instead links the status as a displaced person with the twelve insurance months in section 20e(1) no. 4 AuslBG.
The familiar 21-month rule in section 20e(1) nos. 2 and 3 belongs to different groups. It is not a shortened description of the displaced-person route. Choosing the wrong group can lead to the wrong insurance calculation and the wrong AMS evidence.
An independent residence right after separation or divorce also has a different legal basis. The information on independent residence rights is therefore not a substitute for section 41a(7b) NAG. The key issues remain status, insurance periods and the written AMS notification.
Begin with a chronology of temporary status and the last 24 months. For each period, record the employer or self-employed activity, start and end and the documented type of insurance. Mark gaps and periods not yet supported by an insurance record.
Then combine the temporary residence documents, identity documents and employment or insurance evidence. The competent regional AMS office assesses the conditions in section 20e(1) no. 4 and sends its written notification to the NAG authority.
Once these special requirements are organised, the specific procedure for the Red-White-Red Card plus can be assessed together with the requirements of Part I NAG. The twelve months are central, but they are not the only legal issue.
Yes. Section 20e(1) no. 4 AuslBG requires at least twelve months within the last 24 months. The periods must be traceable as employment fully insured under section 4(1) ASVG or insurance under section 2 GSVG.
No. The 21-month rule in section 20e(1) nos. 2 and 3 concerns other groups. For displaced persons, section 20e(1) no. 4 refers to at least twelve insurance months within the last 24 months.
The competent regional AMS office confirms to the NAG authority whether the conditions in section 20e(1) no. 4 AuslBG are met. The six-week period concerns that transmission by the AMS.
Section 20e(2) expressly lists equivalent periods for employment under paragraph 1 nos. 2 and 3. They should not automatically be transferred to no. 4. The insurance record and the specific AMS assessment are decisive.
No. Section 41a(7b) NAG requires the requirements of Part I NAG in addition to the written AMS notification. Status, identity, documents and the procedure must also be reviewed.