Residence ban
A residence ban (Aufenthaltsverbot) is the measure used against EEA citizens and certain privileged third-country nationals, prohibiting their stay in Austria for a defined period.
The residence ban (Aufenthaltsverbot) under section 67 FPG applies to citizens of the EEA, Swiss nationals and their family members, rather than the entry ban that targets ordinary third-country nationals. It is issued by the authority where the person's continued stay poses a serious threat to public order and security.
Because these groups enjoy freedom of movement, a residence ban is subject to a stricter standard than a return decision with an expulsion. The authority must show a genuine, present and sufficiently serious threat based on the personal conduct of the individual, assessed in each case.
The duration must be proportionate, and the person's ties in Austria, including their private and family life, are taken into account. A residence ban can be appealed and, once final, may be lifted where the underlying threat no longer exists.
More on einreiseverbot.at
Legal basis
- § 67 FPG
Statutory texts for orientation; the version in force at the relevant time prevails.
This explanation gives a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your case are always decisive.
-
Entry ban
An entry ban (Einreiseverbot) prohibits a third-country national from entering and staying in the territory of the member states for a defined period.
-
Return decision
A return decision (Rückkehrentscheidung) is the order that obliges an unlawfully staying third-country national to leave Austria and the territory of the member states.
-
Expulsion
An expulsion (Ausweisung) is an order requiring a person to leave Austria, without the broader prohibition on re-entry that an entry ban or residence ban entails.
Entry ban, return decision, a running appeal deadline?
In immigration law, deadlines and the right argumentation decide. Call us directly or send an email, callback within one business day.
A direct line to the firm.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000