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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.

Published: 19 January 2023 12:01 CET
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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RENTING

‘Betriebskosten’: What are the extra costs renters must pay in Austria?

Renting an apartment in Austria means you’ll have to budget not only for the rent, but other somewhat hidden monthly costs and expenses.

Published: 30 April 2024 11:29 CEST
'Betriebskosten': What are the extra costs renters must pay in Austria?

Understanding operating costs or the specific expenses landlords or property agencies charge renters, is crucial for staying on top of your monthly payments when renting a place in Austria. These extra costs, known in German as Betriebskosten, are strictly regulated by Austria’s Tenancy Act. 

Here are the operating expensses that are chargeable to tenants, according to the MieterHilfe Public Association:

  • Water/wastewater and costs of leak testing, plus excess consumption due to burst pipes, but does not include disproportionate additional consumption for commercial operations;
  • Rubbish removal (and also clearing out floors and cellars);
  • Clearing out abandoned property;
  • Pest control, with costs such as extermination and periodic inspection or removal of pigeon droppings. Installation of pigeon screens is not included;
  • Sweeping fees (chimney sweep);
  • Electricity for lighting and communal facilities, such as the stairwell, but also replacement of light bulbs, fuses or switches;
  • Insurance premiums for fire, liability and water damage;
  • Insurance premiums for glass breakage and storm damage provided that more than half of the tenants have agreed to this being passed on;
  • Management fee (there is a set administration fee per square metre of usable space and building construction year)
  • House cleaning, including wages and social payments if there is a caretaker, plus materials; 
  • Public charges, unless there is a prohibition on passing them on – offsetting of property taxes is permitted;
  • Ongoing operating costs for communal facilities (lift, heating, playground, green areas, common rooms, etc.).

However, costs such as maintenance and repair work can never be charged under operating expenses.

The same goes for any ‘disproportionate additional costs or consumption due to commercial operations ‘, which refers to costs that are significantly higher than what would be considered normal for residential use or costs that are incurred due to the operation of a business within the rented property. 

READ ALSO: Tenant or landlord – Who pays which costs in Austria?

Vienna’s association for tenants MieterHilfe has a calculator that uses average values to show whether the Betriebskosten you pay are comparatively low, medium or high. The association notes, however, that even low values could be considered unauthorised billing in some cases. In contrast, high values could be correct – the calculator only shows if you are paying too much compared to other properties in the city.

You can check the values HERE. You will need to know either the total usable area of the building or the usable area of the flat and the operating cost share—this information is usually shown in a payment statement you receive from property management. 

What if I believe I am being unfairly charged?

If you think you are paying too much, but the charges are legal – such as for water electricity etc, then you would need to raise this issue with property management. They could take measures to save on operating costs, such as replacing old light bulbs with more energy-efficient ones or setting lights to a timer instead of a traditional light switch, for example.

There are many possible reasons for high or low values, according to the City of Vienna. For example, you may pay comparatively low for water one year because of a small number of residents, while the following year, there are leaking sanitary facilities and a burst water pipe that raises costs.

Buildings with many communal areas and green spaces often tend to have higher operating costs, especially for water, electricity, and housekeeping. 

However, things are different if you think you are being unduly charged—that is, there are charges in the operating costs that do not belong there, such as unapproved construction repair.

READ ALSO: Renting in Austria – The key things foreign residents need to know

If you are unsure of the costs, there is a significant deviation from average prices for no particular reason, or you believe that you are being charged for something not legally admissible as an operating cost, you could have a free check carried out by MieterHilfe or a tenant protection organisation. 

If there is a suspicion of unauthorised billing that cannot be dispelled between tenants and the property management company, this will be clarified at the arbitration board. The arbitration board is an independent body that mediates disputes between tenants and landlords. It is a point of contact before the courts in case of difficulties or legal disputes, and its decision is legally binding.

Property management companies and landlords must settle the operating costs for the previous year by 30 June at the latest and disclose them to tenants. This deadline is set to ensure that tenants have sufficient time to review their cost statements and raise any concerns before the new rental year begins. All expenses must be itemised in the statement, providing transparency and allowing tenants to see exactly what they are being charged for.

They are obliged to provide tenants with a detailed summary of the statement and the invoice documents. If the operating costs per square metre exceed €2, a more detailed review is recommended, according to the City of Vienna.

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