Einreiseverbot
by Brandauer RA
Glossary

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.

In brief

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.

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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, return decision, a running appeal deadline?

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