Implementing Ordinance on the Law on Foreign Nationals and Integration (VAIR) - Scope (VAIR)

1. This regulation applies to all foreigners. International treaties and their implementation in domestic law are reserved, provided that a more favorable legal status is granted.

1. The Department of Economic Affairs and Home Affairs exercises supervision over the authorities entrusted with the enforcement of immigration law.

1. The Office for Migration and Integration of the Canton of Aargau (MIKA) is the authority for foreign nationals law and the labor market.

1. The municipalities support the MIKA. They report facts that make the presence of foreign nationals appear undesirable or contrary to immigration law.

2. Each municipality maintains a control office. The municipalities appoint a responsible person and their deputy for this purpose.

1. The Control Authority shall have the following duties

a) It maintains a register of foreigners residing in the municipality who require a residence permit under immigration law,

b) * It monitors the correct registration and deregistration of foreigners and ensures that they submit extension applications in due form and on time. It may require that foreigners appear in person for the renewal of identification documents,

c) * It forwards all permit applications with reports and recommendations to the MIKA,

d) * It makes copies of identification documents and submits them to the MIKA free of charge,

e) * It reports to the MIKA any changes in address, marital status, and name of foreigners, as well as their separation from their spouse or registered partner, births, and deaths, along with other notifiable data,

f) * It monitors compliance with orders from the MIKA that have been brought to its attention,

g) * It manages the collection of fees for the foreign identity cards issued by the MIKA and transfers the canton’s share to the MIKA,

h) It checks the notification forms submitted by professional accommodation providers in accordance with Article 18 paragraph 1 of the Ordinance on Admission, Stay and Gainful Employment (VZAE) dated October 24, 2007.

2. The MIKA may issue directives after a prior hearing of the municipalities.

1. The civil status and court authorities report the notifiable data related to civil status to the control office (Art. 82a VZAE).

2. The competent authorities report the notifiable data related to other reporting obligations to MIKA (Art. 82, 82b-82f VZAE).

3. The municipal council is responsible for the notifications related to the receipt of social assistance (Art. 82b VZAE). MIKA issues a directive detailing the notification obligation, specifically concerning

a) the obligation to report at the initial provision of social assistance, at the recurring receipt of social assistance, and at the cessation of social assistance,

b) the electronic transmission of notifications,

c) the periodicity of notifications,

d) the content of the notification.

4. The threshold values triggering an examination of immigration law measures per unit of social welfare support for foreigners are

a) with residence permit and short-term residence permit CHF 25,000 (warning) and CHF 50,000 (permit revocation),

b) with settlement permit CHF 40,000 (warning) and CHF 80,000 (permit revocation).

5. MIKA prepares a statistical analysis of the reporting process according to paragraphs 3 and 4.

6. The municipalities must be consulted before the issuance or amendment of the directive according to paragraph 3.

**1. The MIKA Grants Residency for Gainful Employment**

The MIKA grants residency for gainful employment, which is subject to the numerical limits set by the federal government, taking into consideration the overall economic interest. The MIKA decides on applications from employers or, in the case of self-employment, from the foreign nationals themselves.

1. The filling of job positions with individuals who must defer to the precedence of domestic workers generally requires an unsuccessful notification of the open position to the competent Regional Employment Service Center (RAV) of the Office for Economic Affairs and Labor (AWA). In this regard, the MIKA can issue directives.

2. Employers are also required, upon request, to credibly demonstrate that they

a) have made further reasonable efforts to find a worker in the domestic labor market,

b) cannot train or have trained, within a reasonable period, a workforce available in the labor market for the specific position,

c) cannot find nationals from countries with which a free movement agreement has been concluded for the position.

1. Foreign nationals shall be admitted for residence without gainful employment if the provisions of federal law are fulfilled.

2. For the approval of residence for school attendance or study, an additional substantial benefit for the personal advancement of the foreign nationals is required.

For a complete translation, please provide the text of the law article you would like translated into English.

1. The municipality is entitled to one-third of the approval fee, which it receives pursuant to § 5 para. 1 lit. g, after a deduction of CHF 12.-. The remaining two-thirds and the initially deducted amount correspond to the canton's share.

2. The deducted amount of CHF 12.- serves as compensation for expenses of the MIKA, such as federal fees for data processing.

1. Proceedings pending at the time of the entry into force of this regulation are governed by the provisions of this regulation, insofar as Art. 126 AIG does not provide otherwise.

2. § 13a is valid until June 30, 2024.

1. This regulation shall be published in the official law collection. It shall come into force on January 1, 2008.