Read the decision carefully.
If no period is visible, operative part, reasons and appeal instruction must be read together.
Return decision
No voluntary departure period: what must be checked immediately
If no voluntary departure period is visible, check the decision, suspensive effect, enforcement risk and appeal deadline.
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.
24 August 2026 · Mag. Mirela Saric, Attorney at Law
If a return decision does not show a period for voluntary departure, uncertainty begins immediately. People ask whether removal can happen at once, whether an appeal still has effect and which deadline is running.
This article covers the narrow urgent case. The ordinary deadline is explained in the article on voluntary departure and entry ban; extending an existing period is a separate topic.
Classify your situation
No period or immediate enforcement?
Answer one short question. The result shows the first checkpoint.
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What does the decision say about departure?
The answer separates no period, removal of suspensive effect and unclear wording.
All paths at a glance
Overview of all answers.
Separate enforcement risk.
If suspensive effect was removed, check separately whether enforcement can happen quickly.
Record the deadline.
Even a short period must be calculated and compared with appeal, requirements and obstacles to departure.
Section 55 FPG and voluntary departure
Section 55 FPG and voluntary departure
The period for voluntary departure is regulated in section 55 FPG. It is linked to the return decision and clarifies whether and within what period a voluntary departure is possible. If no such period is visible, first check whether it was not granted or only worded differently.
The ordinary situation is covered in the article on the voluntary departure period. This text remains with the narrow case where no period is visible or immediate enforcement appears likely.
Read suspensive effect separately
Read suspensive effect separately
The voluntary departure question is not identical with the suspensive effect of an appeal. Section 18 BFA-VG may be relevant where suspensive effect is removed. Whether an appeal temporarily blocks enforcement must be read separately from the decision.
If suspensive effect is central, see the article on suspensive effect in entry ban cases. That article deals with the appeal path, not only the departure period.
Sort enforcement, requirements and appeal deadline
Sort enforcement, requirements and appeal deadline
Where no period is granted, three levels must be separated: the operative part on the return decision, the enforcement question and the appeal deadline. Only then can one decide whether urgent action is required.
Requirements under section 56 FPG may also matter. The article on requirements for voluntary departure explains that point. If more time is the issue, see extension of the departure period.
Do not assume illegality automatically
Do not assume illegality automatically
No voluntary departure period is not automatically unlawful in every case. Legal basis, reasons, risk assessment, suspensive effect and actual enforcement situation are decisive.
This article stays with return decision, termination of stay and entry ban. Positive residence permit or NAG questions are not the topic.
Practical point: If no departure period is visible, read the full operative part first. Do not rely only on the last page.
CTA: If no voluntary departure period is visible, we review decision, enforcement risk and appeal deadline promptly.
FAQ
Frequently asked questions on no departure period.
Is absence of a departure period always unlawful? +
No. It depends on the decision, reasons, suspensive effect and the specific statutory basis.
What is the first practical step? +
Read and secure operative part, reasons, appeal instruction and references to suspensive effect.
Can an appeal still be lodged? +
That depends on the decision and deadline. The appeal deadline must be checked separately from the departure period.
Further reading
Related return-decision topics
Topics
Voluntary departureReturn decisionSuspensive effectEntry ban
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