Table of Contents Freedom of Movement Act/EU

(1) Section 3 (2), Section 11 (8), Sections 13, 14 (2), Sections 36, 44 (4), Section 45a, Section 46 (2), Section 50 (3) to (6), Section 59 (1), sixth and seventh sentences, Sections 69, 73, 74 (2), Section 77 (1), Sections 80, 82 (5), Sections 85 to 88, 90, 91, 95 (1), nos. 4 and 8, (2), no. 2, (4), Sections 96, 97, 98 (2), no. 2, (2a), (3), no. 3, (4) and (5) and Section 99 of the Residence Act shall apply accordingly to EU citizens and their dependants who are entitled to enter and stay in the federal territory pursuant to Section 2 (1). Section 73 of the Residence Act shall be applied in declaring grounds pursuant to Section 6 (1).
Section 78 of the Residence Act shall be applied accordingly in issuing residence cards pursuant to Section 5 (1), first sentence and permanent residence cards pursuant to Section 5 (5), second sentence. Residence cards pursuant to Section 5 (1), first sentence shall be marked "Residence Card (Dependent EU)" and permanent residence cards pursuant to Section 5 (5), second sentence shall be marked "Permanent Residence Card (Dependant EU)". In the case of residence cards pursuant to Section 5 (1), first sentence, and permanent residence cards pursuant to Section 5 (5), second sentence, the abbreviation "AF" will be used in the machine-readable zone instead of the abbreviations pursuant to Section 78 (2), second sentence, no. 1 of the Residence Act. If the requirements of
Section 78a (1), first sentence of the Residence Act are met, residence cards pursuant to Section 5 (1), first sentence, and permanent residence cards pursuant to Section 5 (5), second sentence, may be issued using a standard form. Section 105b of the Residence Act shall apply accordingly to residence cards pursuant to Section 5 (1), first sentence, and permanent residence cards pursuant to Section 5 (5), second sentence. The obligations pursuant to Section 82 (5), first sentence, no. 1 of the Residence Act shall apply accordingly to EU citizens whose photographs are required for the purposes of keeping the foreigners files. Public bodies are required to report to foreigners authorities pursuant Section 87 (2) nos. 1 to 3 of the Residence Act to the extent that the circumstances mentioned therein may be relevant for the determination to be made pursuant to Section 2 (7), Section 5 (4) and Section 6 (1). Section 88a (1) first, third and fourth sentences of the Residence Act shall apply accordingly where the transmission of participant-related data is necessary for conducting integration courses pursuant to Section 44 (4) of the Residence Act, monitoring an integration agreement pursuant to the Social Code, Book II, or conducting the naturalization procedure. The Residence Act shall also apply if it establishes a more favourable legal status than this Act.

(2) Where the foreigners authority has determined that the entitlement pursuant to Section 2 (1) does not exist or has lapsed, the Residence Act shall apply in the absence of any special provisions contained in this Act.

(3) For the purposes of this Act, periods of lawful residence of less than five years shall correspond to the periods of possession of a residence permit; periods of more than five years shall correspond to the periods of possession of a settlement permit.

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