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Bulgarian or Swiss return decision: Why section 10 StbG bars naturalisation

A return decision from Bulgaria or Switzerland can bar naturalisation under section 10(2)(5) StbG. The document and its status are decisive.

Mag. Mirela Saric
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Mag. Mirela Saric

Attorney at law · German and BCS

Mirela Saric assists clients in immigration matters with a clear structure: review the decision, secure deadlines, define the strategy and act quickly. She advises in German and Bosnian/Croatian/Serbian.

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6 September 2026 · Mag. Mirela Saric, Attorney at Law

A return decision from Bulgaria or Switzerland that is still in force may bar the grant of Austrian citizenship. Section 10(2)(5) of the Austrian Citizenship Act covers certain measures ending a person’s stay that were issued by another state. On 6 February 2025 the Administrative Court clarified that the Austrian authority generally cannot replace this statutory bar with its own assessment of danger or personal interests.

Three questions are decisive: What measure was actually issued? Was it still in force on the relevant date? Can its status be shown with official documents? The country named on a document alone does not answer these questions.

Assess your situation

Does a foreign return decision bar naturalisation?

Answer the questions about the foreign document and its status. The result is an initial orientation and does not replace review of the naturalisation file.

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01 Question 1

Is there a return decision against you from Bulgaria or Switzerland?

This means an official measure ordering your return or departure from that country. The wording and legal effect of the document matter.

All paths at a glance

Overview of all answers.

01

A return decision still in force may prevent naturalisation under section 10(2)(5) StbG.

The Austrian authority must first establish whether the foreign document meets the statutory definition. The Administrative Court held that a return decision issued by another covered state is generally sufficient to trigger the bar. The Austrian authority cannot replace that legal consequence with its own general assessment of risk or interests.

Have the complete decision checked together with proof of service and any later revocation. A statement that you are now well integrated in Austria does not answer whether the foreign decision was still in force.

02

The bar cannot be assessed reliably without the exact foreign document.

A border refusal or an instruction to leave can be based on different legal grounds. For section 10(2)(5) StbG it must be established that the measure is a return decision in the statutory sense. Obtain every page of the decision and a reliable translation.

Check whether the measure was later revoked or whether an appeal had suspensive effect. Only then can its impact on the naturalisation procedure be assessed.

03

No confirmed return decision is currently available.

Section 10(2)(5) StbG is therefore not automatically established. Other naturalisation requirements will still be examined. If your history is unclear, ask whether an old foreign decision or alert exists.

A SIS alert must be distinguished from a return decision. A data-access request can provide additional information, but it does not replace review of the naturalisation file and the underlying foreign act.

04

Proof of an earlier revocation may change the assessment in the naturalisation procedure.

If the return decision had been effectively revoked or had ended before the relevant date, the Austrian authority must take that fact into account. An oral statement is rarely enough. The revocation decision, its effective date and the original measure must be documented.

Submit the documents in an ordered form. If the application is refused, the reasoning should distinguish an active decision from a measure that had already ended.

05

The foreign decision must be dated and its status established before it can be assessed.

Obtain a current confirmation from the foreign authority or a ruling on the appeal. The key issue remains whether a covered return decision was in force on the relevant date. The expiry of a period can have a different effect from an express revocation.

Arrange the documents in chronological order. This allows the Austrian authority to see which measure applied at each stage.

What section 10(2)(5) StbG provides

The grant of Austrian citizenship requires that no statutory bar to naturalisation applies. Section 10(2)(5) StbG prevents a grant where a return decision issued by another European Union member state or another state covered by the Agreement on the European Economic Area is in force against the applicant. The provision also expressly names Switzerland.

The bar is linked to the existence of the decision. This makes the first issue one of the document’s legal effect: does a covered measure exist and was it still in force at the relevant time? The authority cannot answer that question simply by pointing to a long period of residence or family ties in Austria.

The Asylum and Migration Pact Adjustment Act, Federal Law Gazette I No. 39/2026, amended some references in section 10(2). The rule in section 10(2)(5) concerning a return decision from another state remained the relevant rule. Older proceedings also require a check of which version of the Act applies at the relevant procedural stage.

The crucial distinction

What measure was actually issued?

Everyday descriptions are often imprecise. The legal content of the document determines the naturalisation assessment.

The assessment depends on the complete foreign file and the relevant date.
Document first orientation Relevance to section 10(2)(5) StbG issue to establish
Return decision May trigger the naturalisation bar if issued by a covered state and still in force.
Entry ban or residence ban May accompany a return decision. The full document must be checked to identify the separate measure.
Border refusal Does not by itself prove a return decision within the meaning of section 10(2)(5) StbG.
SIS alert Is an entry in an information system. It must be distinguished from the underlying foreign decision.
Revocation or appeal decision May show that the original measure was no longer in force on the relevant date.

A short label used by an authority or traveller does not replace review of the legal content.

What the Administrative Court held about the Bulgarian decision

In decision Ra 2024/01/0347 of 6 February 2025 the Administrative Court considered a Bulgarian return decision. It applied the bar in section 10(2)(5) StbG. The Austrian naturalisation authority therefore had to establish whether a return decision issued by another covered state existed.

The Court treated the foreign measure as an independent statutory ground for refusal. The Austrian authority did not have to make a separate prediction that the applicant personally posed a danger to public order. Positive integration in Austria could not simply override the statutory bar either.

This does not mean that every foreign letter is sufficient. The document must have the legal content of a covered return decision. Its existence, validity and status on the relevant date must be established from the file.

Why Bulgaria and Switzerland require specific review

Bulgaria is a member of the European Union. A Bulgarian return decision can therefore fall within section 10(2)(5) StbG. Whether it actually creates a bar depends on the document and its status. An ordinary departure request must not be treated as equivalent without checking its legal basis.

Switzerland is not a member of the European Union. The Citizenship Act expressly includes Switzerland alongside the relevant European states. The same core questions apply to a Swiss measure: does it qualify as a return decision under the Austrian statute and was it in force on the relevant date?

The nationality of the applicant is a separate issue. The statutory bar focuses on the state that issued the return decision. Bulgarian or Swiss nationality alone does not activate it.

Documents and review

How to establish the relevant status over time

A clear chronology helps prevent a revoked measure from being treated as an active decision.

  1. 01
    Document

    Secure the original decision

    Collect every page and attachment.

    Record the authority, file number, date, legal basis and legal effect. A summary cannot replace the complete decision.

    Legal references: Section 10(2)(5) StbG

  2. 02
    Status

    Establish its legal effect

    Distinguish expiry, revocation and appeal.

    Check whether an appeal was filed and what effect it had. Record each date with an official document.

    Legal references: Administrative Court Ra 2024/01/0347

  3. 03
    Procedure

    Compare the naturalisation file

    Identify the relevant decision date.

    Compare the foreign decision’s status with the date of the Austrian decision. Several procedural stages may involve different relevant dates.

    Legal references: Section 10(2) StbG

  4. 04
    Next step

    Review the reasoning

    The authority must identify the actual bar.

    A refusal should show which foreign measure was relied on and why it was in force at the relevant time. That reasoning determines the next legal step.

    Legal references: Refusal and appeal decision

How the bar affects the procedure

If the bar is established, citizenship generally cannot be granted while the statutory obstacle exists. The authority must still establish the facts correctly. That includes checking whether the foreign decision is authentic, legally relevant and still in force.

An Austrian residence right does not cancel the foreign decision. A long period of residence or an Austrian family connection also does not automatically lead to naturalisation. These circumstances may matter for other requirements or for the conduct of the procedure.

Anyone who has successfully had the Bulgarian or Swiss decision revoked should submit that proof to the Austrian procedure without delay. A later change can matter for a new application. It does not remove the need to establish the status in an earlier procedure.

Review the complete file: The assessment requires the foreign decision with proof of service, any appeal rulings and the Austrian naturalisation file. An initial consultation (72 euros) can clarify the next step.

FAQ

Return decisions and citizenship, frequently asked questions

Does every Bulgarian return decision bar Austrian naturalisation? +

No. The document must qualify as a return decision under section 10(2)(5) StbG and must have been in force at the relevant time. A border refusal or unclear departure request cannot be treated as equivalent without review.

Does the rule also apply to a decision from Switzerland? +

Yes. Switzerland is expressly named in the Act. The content, legal basis and status of the measure must still be established. The applicant’s Swiss nationality is a separate issue.

Can strong integration in Austria overcome the bar? +

Long residence, family and professional integration do not automatically remove this statutory obstacle. The first question is whether a covered foreign return decision exists and was still in force.

What if the decision was revoked later? +

A later revocation is important evidence. Its effective date must be placed in the chronology because an earlier procedure may turn on whether the measure was active then. Submit the complete revocation decision.

Is an SIS data request enough for naturalisation? +

A SIS data request can provide additional information. It does not by itself establish whether a return decision under section 10(2)(5) StbG existed. The underlying foreign decision remains decisive.

Further reading

Related topics and tools

Residence ban and return decision

The distinction between a return decision and a residence ban.

Schengen and SIS alert

How an alert can affect travel beyond Austria.

Entry-ban duration

Orientation on duration and possible next steps.

SIS alert and Schengen effect

Information and review of a possible SIS entry.

Topics
CitizenshipSection 10 StbGReturn decisionBulgariaSwitzerland

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