Lifting or shortening an entry ban under Section 60 FPG

If circumstances have clearly changed since the ban was imposed, an application to lift or shorten the entry ban under Section 60 FPG comes into consideration. What matters is that the original risk assessment under Section 53 FPG no longer carries the same weight. Departure within the deadline and a period without offences are often significant arguments.

Document the change carefully and file the application with the Federal Office for Immigration and Asylum. The more concretely the new circumstances are evidenced, the stronger the application.

If nothing material has changed since the ban was imposed, an application under Section 60 FPG lacks a supporting basis. The authority examines whether the grounds of the original risk assessment under Section 53 FPG still apply. A premature application without new factors usually leads to rejection.

It makes sense to document the passage of time and your own development. As the offence-free period continues, the prospect of a later shortening grows.

If some points have changed while others have stayed the same, a careful review is worthwhile. What matters is whether the changed circumstances are weighty enough to qualify the original risk assessment under Section 53 FPG. An application under Section 60 FPG can also aim at a shortening rather than a full lifting.

First sort out which changes are reliably evidenced. On this basis you can decide whether an application makes sense now or at a later stage.

As long as the appeal deadline against the decision is still open, the focus is not Section 60 FPG but the appeal against the imposition. The imposition and duration of the entry ban follow Section 53 FPG. An appeal filed in time to the Federal Administrative Court protects your rights.

Only once the decision is final does the route via Section 60 FPG come into consideration. First clarify whether the deadline is still open.

Whether an application under Section 60 FPG or an appeal against the imposition under Section 53 FPG is the right route depends on the stage of the proceedings. As long as it is unclear whether the decision is final, the appropriate step cannot be set. Check the service date and the running of the deadline.

Keep the decision and all proofs of service ready. They show which route is open.