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Duration of the entry ban and the risk assessment

Duration of the entry ban and the risk assessment under section 53 FPG: how the length comes about and why a later shortening proceeds under section 60 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)
30 June 2026 · Mag. Mirela Saric, Attorney at Law

How long an entry ban applies is often the central question for those affected. The duration is not a random value but follows from a legal assessment. The basis is Section 53 FPG, which governs the imposition and duration of the entry ban. This article explains how the duration comes about.

The risk assessment is central. It is the evaluation of what danger the person concerned will pose in future and determines the length of the ban. The weightier the circumstances relied on, the longer the duration that is set.

The short self-check below helps you place your own situation. We then explain the standards of the assessment and the point that a later shortening proceeds under Section 60 FPG.

Place your situation

How does the duration of the entry ban come about?

Answer one or two questions about the duration set and the assessment. You will receive a first orientation on the next steps.

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01 Question 1

What duration was set for the entry ban in the decision?

The duration follows from Section 53 FPG and rests on a risk assessment. The length set is the starting point for every further step.

All paths at a glance

Overview of all answers.

01

If the assessment seems too strict, a careful review of the duration is worthwhile.

If the duration set seems too high in relation to the risk assessment, an appeal addresses precisely this point. Under Section 53 FPG the length of the entry ban must stand in a comprehensible relation to the circumstances relied on. A sweeping or one-sided assessment can be challenged.

Work out which circumstances the authority weighted too heavily and which it passed over. At the same time document your ties in Austria to support proportionality.

02

If the assessment carries in principle, a later shortening comes into view.

If the risk assessment is comprehensible in principle, an appeal against the duration is harder. That does not mean the duration set applies forever. A later shortening proceeds not under Section 53 FPG but through an application under Section 60 FPG once circumstances have changed.

Document the offence-free period and your personal development. These records are the basis for a later application to shorten.

03

Duration or assessment are unclear, the decision should be reviewed first.

As long as it is unclear what duration was set and what the risk assessment rests on, the next step cannot be set. Read the decision carefully and pay attention to the reasoning for the duration under Section 53 FPG. From this it follows whether an appeal has starting points.

Keep the decision and all annexes ready. An orderly review creates the basis for the further decision.

Section 53 FPG governs imposition and duration

The imposition and duration of an entry ban follow Section 53 FPG. The authority relies on a risk assessment, that is an evaluation of the future danger. This assessment determines how long the ban applies. The law sets maximum durations for certain categories of case, within which the authority fixes the concrete length.

An overall view is decisive. The authority weighs the circumstances relied on and sets them against the personal situation. The duration set must stand in a comprehensible relation to the assessment. A deeper explanation is provided by the glossary entry on the risk assessment.

The distinction is important. Section 53 FPG concerns the original setting of imposition and duration. A later shortening or lifting, by contrast, proceeds under Section 60 FPG and requires changed circumstances.

The assessment and the proportionality of the duration

The risk assessment must not be sweeping. The authority must name the concrete circumstances and set out why a particular duration follows from them. An appeal to the Federal Administrative Court can address precisely this where the assessment is one-sided or passes over essential circumstances. As a rule the deadline is four weeks from service.

Closely linked to the duration is proportionality. The length set must stand in relation to the danger and to the ties in Austria. The entry on entry ban explains more.

If the assessment carries in principle, the route via Section 60 FPG remains open. As the offence-free period continues and circumstances change, a later shortening can be applied for. The duration set is therefore not in every case the last word.

Important: The duration set under Section 53 FPG can be challenged in the ongoing proceedings only through an appeal filed in time. A later shortening proceeds under Section 60 FPG. Do not confuse the two routes and when in doubt arrange an initial consultation (72 euros).

FAQ

Duration and risk assessment under Section 53 FPG.

What does the duration of an entry ban depend on? +

The duration follows Section 53 FPG and results from the risk assessment. The weightier the circumstances relied on, the longer the duration that is set. The law sets maximum durations for certain categories of case, within which the authority fixes the concrete length.

Can I challenge the duration that was set? +

Yes, an appeal can be brought against the decision to the Federal Administrative Court. As a rule the deadline is four weeks from service. The appeal can rely on the risk assessment being one-sided or the duration set appearing disproportionate.

Can the duration be shortened later? +

A later shortening proceeds not under Section 53 FPG but through an application under Section 60 FPG. It requires changed circumstances such as an offence-free period or new ties. Section 53 FPG concerns the original setting of the duration, Section 60 FPG the later correction.

Go deeper

Related topics and terms

Lifting an entry ban

How an entry ban can be shortened or lifted under Section 60 FPG.

Risk assessment

How the assessment determines the duration of an entry ban.

Entry ban

What an entry ban means and how it is imposed.

Topics
Entry banSection 53 FPGRisk assessmentDuration

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