Return decisions against third-country nationals and residence bans against EU citizens under sections 52 and 67 FPG, with their different standards.
Which measure ending your stay applies depends on your status. Answer a few questions for an initial assessment.
Already know you want to get in touch? Go straight to the enquiry form.
This determines whether a return decision or a residence ban comes into play.
A return decision and a residence ban are different instruments of immigration law and affect different groups of people. Against third-country nationals a return decision under section 52 FPG is generally issued, often combined with an entry ban. Against EU citizens and their family members the stricter regime of the residence ban under section 67 FPG applies.
Which standard applies is decisive for the prospects of success. For EU citizens the threshold is considerably higher: a genuine, present and sufficiently serious threat to a fundamental interest of society is required. We classify your case correctly and apply the right lever.
The return decision under section 52 FPG ends the unlawful residence of a third-country national and imposes an obligation to leave. It is frequently combined with an entry ban under section 53 FPG. Before it is issued, a balancing exercise with private and family life under Article 8 ECHR must always be carried out.
For EU citizens, EEA citizens, Swiss nationals and privileged third-country nationals section 67 FPG applies. Here a residence ban is only permissible under heightened conditions. The longer the lawful residence, the higher the threshold, up to imperative grounds of public security for long-standing residence.
The correct classification as a return decision or a residence ban determines the applicable standard and thus the line of defence. Where, for example, a privileged third-country national is wrongly treated under the stricter third-country regime, the decision is open to challenge. We examine this point first.
This article provides a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your proceedings are always decisive.
Application to lift or shorten an entry ban under section 60 FPG: timely departure, changed circumstances and the right reasoning towards the BFA.
How an entry ban takes effect across the whole Schengen area through the Schengen Information System (SIS), its present legal basis in the EU SIS Regulations and the consultation procedure.
Appeal to the Federal Administrative Court within the four-week deadline, the suspensive effect and the right way to handle the BFA decision.
In immigration law, deadlines and the right argumentation decide. Call us directly or send an email, callback within one business day.
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000