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Vienna’s MA 35 immigration office slammed over failings despite reform

Vienna's office which deals with immigration and citizenship has been criticised often and recently underwent a reform. But that has not been nearly enough to fix issues, a new investigation has found.

Vienna's MA 35 immigration office slammed over failings despite reform
The Austrian capital Vienna is home to a large number of immigrants. (Photo by Dan V on Unsplash)

A new report by the NGO SOS Mitmensch, which is the result of interviews with 22 experts, affected users of the immigration department and officers who work there has brought to light new issues with Vienna’s MA 35. 

According to the report, MA 35 interprets the laws particularly strictly, making cases more complex and bureaucratic.

There was also criticism of how numbers were recorded. For example,  if a person called back was unavailable, the callback was still considered “completed,” said Maiko Sakurai of SOS Mitmensch. 

In addition, citizenship procedures are prematurely rejected instead of requesting additional documents – and such cases are still viewed as “completed” for the statistics.

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

The report’s findings come after the City of Vienna announced several improvements in the office. In 2021, the responsible city councillor Christoph Wiederkehr (Neos) ushered in reforms that included a call centre, an additional 50 employees and more digitisation.

‘Still much to be done’

The reform process should be completed by the end of 2024 – but several measures have already 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.    

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

“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 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.”

However, the report, as mentioned above, questions the numbers. 

Attorney Julia Ecker, who was one of the experts presenting the report, acknowledged the improvement efforts of the MA 35 management but still said there is a lot of room for improvement: “I feel the efforts are earnest and sincere, but still I have the impression that there is a lot that needs to be done.”

The report identifies a total of 15 problem areas in MA 35, which lead to considerable difficulties for applicants. 

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

These include, among other things, waiting times of up to two years until the effective start of a citizenship procedure, poor communication of the authority, the loss of documents, the unclear and non-accessible online processing of information, and unprofessional and perceived discriminatory behaviour of individual employees.

“Unbearable waiting times, inadequate or completely lacking communication and, in some cases, employee misconduct are still the order of the day,” said Alexander Pollak, spokesman for SOS Mitmensch.

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VIENNA

How do I lower my rent if I pay too much in Vienna?

If you live in an older building, a so called "Altbau", the price per square meter is regulated. If you are paying too much rent, there are ways to lower it and claim your money back.

How do I lower my rent if I pay too much in Vienna?

Vienna is known for offering its residents affordable rents. However, if you live in one of the older apartments in Vienna (Altbau), you should know that there is a limit on how much rent can be charged per square meter.

Some landlords rent out their flats more expensively than they are actually allowed to. The City of Vienna’s rent calculator can help you determine if you are paying too much.

If you believe that your rent is too high, there are three different options on how to bring it down and also get the money back from the time when you paid too much.

Hire a company to take on your case

In Vienna, several companies, known as Prozessfinanzierer in German, will take on your case individually and try to reduce your rent. This could not only result in a lower rent for the future but also in you receiving a refund for the period you overpaid. It is even possible to pursue this after you leave your apartment. 

However, the City of Vienna has warned against using these services. If you are successful, the companies could claim a great portion of the refunded money, ranging from 30 percent to even half. MeinBezirk also reported occasions when employees of these companies have gone door to door, pretending to be city officials to secure contracts with excessively high commission payments.

Tenant protection organisations argue, as cited in Der Standard, that the companies may prioritise their profits over the best interests of tenants, negatively impacting tenant-landlord relationships.

However, these companies typically operate on a ‘no win-no fee’ basis, which means that you do not have to pay anything if the reduction attempt is unsuccessful. 

READ MORE: Gemeindebau: How do you qualify for a social housing flat in Vienna?

Get help from the Mietervereinigung

Another option is to get help from the Mietervereinigung. This is a tenants’ association that supports tenants’ rights and interests. A yearly membership costs around €69 in Vienna (it also operates in Austria’s other federal states).

Once you are a member, you can go to them for help. They will assist you with claiming back your rent if you have been overpaying, and can also help with rental problems such as mould, contracts, painting, disputes with landlords and housing standards. 

The association also offer education and information to help you understand your rights and responsibilities under landlord-tenant laws. This includes workshops and seminars about topics related to housing rights and regulations.

The association is also known for publishing guides, brochures, and online resources with practical tips for dealing with common rental issues.

The Mietervereinigung offers services and guidance for its members over the phone, online or through meetings in person. 

Altbau in Alsegrund, district 9 in Vienna. Photo by Melloo on Unsplash

Do it yourself

The third option you have as a tenant is to go to the arbitration board yourself.

The arbitration board is an independent entity established to help resolve conflicts between tenants and landlords outside of the court system. However, this can sometimes be complicated.

You often need certain legal expertise to be successful and the process can be complex and time consuming.

READ NEXT: How does urban gardening work in Vienna?

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