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Entry ban

Children and family: proportionality and the entry ban

Children and family in an entry ban: how the child's interests and the family unit work in the balancing under Article 8 ECHR and limit the duration under section 53 FPG.

Mag. Mirela Saric
Your contact person

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.

Call directly +43 662 6280000 WhatsApp Send email Book initial consultation (72 euros)
2 July 2026 · Mag. Mirela Saric, Attorney at Law

An entry ban rarely affects only one person. Where children and a family are concerned, the interference weighs especially heavily. The separation from children or the strain on the family unit places the best interests of the child at the centre of the legal review.

In the balancing under Article 8 ECHR and section 9 BFA-VG the welfare of minor children must be taken into account as a primary consideration. The family unit is also a weighty interest. Both decide whether an entry ban is proportionate and what duration it may have.

The short self-check below helps you place the family situation. We then show how the best interests of the child and the family unit feed into the proportionality review.

Place your situation

How do the child's interests and family work in the balancing?

Answer one or two questions about children and family. You will receive a first orientation on the proportionality review.

Already know you want to get in touch? Go straight to the enquiry form.

01 Question 1

Do minor children live in the shared household?

The best interests of the child must be taken into account in particular in the balancing under Article 8 ECHR and section 9 BFA-VG.

All paths at a glance

Overview of all answers.

01

Active care of minor children weighs especially heavily in the balancing.

Where minor children live in the shared household and you are actively involved in care and upbringing, the best interests of the child weigh especially heavily in the balancing under Article 8 ECHR and section 9 BFA-VG. An entry ban that tears apart the family unit requires a particularly careful justification of proportionality.

Document the lived family relationship comprehensively. This strengthens the objection against the duration set under section 53 FPG.

02

Existing contact with children must also be appreciated in the balancing.

Where children live separately or care is limited, existing contact nevertheless remains significant. Even regular contact outside the shared household carries weight in the balancing under Article 8 ECHR and section 9 BFA-VG. What matters is presenting the contact in a comprehensible way.

Evidence visiting times, maintenance payments and the significance of the relationship for the child. This supports the review of proportionality and the duration under section 53 FPG.

03

Where other close ties exist, these too must be taken into account.

Even without minor children the family unit can carry weight. Marriage, partnership or care for close relatives carry weight in the balancing under Article 8 ECHR and section 9 BFA-VG. Check which ties you can concretely evidence.

An ordered presentation of the family circumstances is the basis for questioning proportionality and the duration under section 53 FPG.

The child's interests and the family unit in the balancing

The best interests of the child must be taken into account as a primary consideration in every measure that affects a child. In the balancing under Article 8 ECHR and section 9 BFA-VG it therefore has particular weight. An entry ban that separates a child from a parent or tears apart the family unit interferes deeply with protected rights. More on the protected ties is explained by the entry on private and family life.

What is decisive are the lived circumstances. Active involvement in care and upbringing, a shared household or regular contact are concrete circumstances which the authority must appreciate. Whether family life can reasonably be continued elsewhere also plays a role.

The closer the tie to the child, the higher the threshold for a lawful entry ban. The authority must set out why the public interest outweighs the child's interests and the family unit.

Effect on proportionality and duration

The child's interests and the family unit feed directly into the proportionality review. Where these interests outweigh the public interest, the entry ban may be impermissible or at least due to be shortened in its duration. The measure may not go beyond what is necessary to achieve its purpose. How this limit is reviewed is explained by the entry on proportionality.

Proportionality limits the duration set under section 53 FPG. Particularly where children are affected, a duration set too long should be questioned critically, because the consequences for the child intensify over time.

An appeal against the decision of the BFA goes to the Federal Administrative Court. It should describe the family situation concretely and set out why the balancing underestimated the child's interests and the family unit.

Important where children are affected: Describe the consequences for the child concretely and evidence the lived relationship. General references carry less weight in the balancing than comprehensible circumstances. The clearer the picture, the stronger the objection against a disproportionate duration. When in doubt arrange an initial consultation (72 euros) quickly.

FAQ

Children, family and the entry ban.

What role do the child's interests play in an entry ban? +

The best interests of the child must be taken into account as a primary consideration in every measure that affects a child. In the balancing under Article 8 ECHR and section 9 BFA-VG it has particular weight. An entry ban that separates a child from a parent requires a particularly careful justification of proportionality.

Does contact with children living separately count too? +

Yes. Even regular contact outside the shared household carries weight in the balancing. Visiting times, maintenance payments and the significance of the relationship for the child should be evidenced in a comprehensible way. Mere assertions carry less weight than documented circumstances.

Can the child's interests shorten the duration of the ban? +

Yes. The duration set under section 53 FPG must be proportionate. Where the child's interests and the family unit prevail, the entry ban may be impermissible or due to be shortened in its duration. Particularly where children are affected, a duration set too long should be reviewed critically.

Go deeper

Related topics and terms

Family and private life under the ECHR

How the child's interests and the family unit work in the balancing.

Proportionality

How proportionality limits the duration of an entry ban.

Private and family life

What falls under the protection of Article 8 ECHR.

Topics
Entry banBest interests of the childFamilyProportionality

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