Re-entry after expiry of the entry ban: the effect across the Schengen area until the end of the duration set under Section 53 FPG and an early lifting under Section 60 FPG.
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.
After an entry ban expires, the question arises whether and when re-entry is possible again. The answer depends on the end of the duration set and on whether an entry in the Schengen Information System still exists. This article sets out the most important points.
The duration set under Section 53 FPG is decisive. Until it expires, the entry ban takes effect across the Schengen area. With the end of the duration this effect ceases, provided no new measures are added and any entry has been deleted.
The short self-check below helps you place your own situation. We then explain the effect across the Schengen area and the route via Section 60 FPG for an early lifting or shortening.
Answer one or two questions about expiry and any entry. You will receive a first orientation on the next steps.
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Re-entry is permitted again only after the duration set has expired. What is decisive is the end of the ban stated in the decision.
If the duration set under Section 53 FPG has expired and there is no open alert, re-entry is in principle permitted again. Until expiry the entry ban took effect across the Schengen area. With the end of the duration this effect ceases, provided no new measures are added.
For safety, carry the decision and proof of expiry. This allows the end of the ban to be evidenced at the border.
Even if the duration set under Section 53 FPG has expired, an alert not yet deleted in the Schengen Information System can cause problems. The entry should be checked before re-entry and, if necessary, deletion arranged. Otherwise a refusal is possible despite expiry.
Clarify which authority caused the entry and how deletion takes place. An orderly clarification avoids difficulties at the border.
As long as the duration set under Section 53 FPG has not yet expired, re-entry is not permitted. The entry ban takes effect across the Schengen area until expiry. An early re-entry is only possible if the ban was previously lifted or shortened.
An early lifting or shortening proceeds through an application under Section 60 FPG where circumstances have changed. Check whether the requirements for this are met.
As long as it is unclear when the duration set under Section 53 FPG ends, the question of re-entry cannot be answered. Read the decision carefully and check the end of the ban stated. From this it follows from when re-entry comes into consideration.
Keep the decision and all documents ready. An orderly review creates clarity about the point in time.
The duration of an entry ban is set under Section 53 FPG and rests on a risk assessment. Re-entry is in principle permitted again only after this duration has expired. What is decisive is the end of the ban stated in the decision, not your own estimate. As long as the ban is running, entry is not allowed.
Until expiry the entry ban takes effect across the Schengen area. It therefore concerns not only Austria but the entire Schengen area. A deeper explanation is provided by the glossary entry on the Schengen area. This reach must be borne in mind when planning a re-entry.
With the expiry of the duration set the effect of the ban ceases, provided no new measures are added. It is important that any alert in the Schengen Information System has actually been deleted.
Anyone who does not want to wait until expiry can seek an early lifting or shortening. This route 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 significant new ties. If the application is granted, the ban ends earlier.
The clean allocation of the two provisions is decisive. Section 53 FPG sets the original duration and its effect across the Schengen area. Section 60 FPG enables the later lifting or shortening. An explanation of the basic term is provided by the entry on the entry ban.
Whether an application under Section 60 FPG has prospects depends on the concrete circumstances. Orderly documentation of the changes is the basis for the decision on the right point in time.
Important: A re-entry before expiry of the duration set under Section 53 FPG is permitted only after a lifting or shortening under Section 60 FPG. Also check whether an entry in the Schengen Information System has been deleted. When in doubt it helps to arrange an initial consultation (72 euros).
Re-entry is in principle permitted again only after the duration set under Section 53 FPG has expired. What is decisive is the end of the ban stated in the decision. In addition, it should be clarified that any alert in the Schengen Information System has been deleted.
No, until expiry the entry ban takes effect across the Schengen area. It concerns the entire Schengen area and not only Austria. This reach must be borne in mind when planning a re-entry. With the expiry of the duration set the effect ceases.
A re-entry before expiry is only possible if the ban was previously lifted or shortened. An early lifting or shortening proceeds through an application under Section 60 FPG and requires changed circumstances. Section 53 FPG concerns the duration, Section 60 FPG the later correction.
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