Voluntary departure
Voluntary departure (freiwillige Ausreise) is the period a person is given to leave Austria on their own before enforced removal becomes possible.
Voluntary departure (freiwillige Ausreise) under section 55 FPG is the period, usually fourteen days, granted with a return decision so that the person can leave Austria of their own accord. Leaving within this period avoids the coercive measure of deportation.
The period for voluntary departure normally begins once the return decision becomes enforceable. It may be extended where particular circumstances, such as family or health reasons, justify more time, and it may be shortened or refused where there is a risk of absconding or a threat to public order and security.
Whether and when the period runs can depend on the appeal deadline and on any suspensive effect of an appeal. Using the period to depart voluntarily can also be relevant later, for example when seeking to have an entry ban shortened.
More on einreiseverbot.at
Legal basis
- § 55 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.
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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.
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Deportation
Deportation (Abschiebung) is the enforced removal of a person from Austria where they have not left voluntarily despite an enforceable obligation to do so.
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Appeal deadline
The appeal deadline (Beschwerdefrist) is the period within which a decision must be challenged; against BFA decisions it runs four weeks from service.
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.
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