Section 67 FPG is the central standard.
The situation should be reviewed promptly on the basis of the decision, proof of service and the concrete personal circumstances. The next step depends on the procedural stage.
Residence ban
Residence ban against EEA citizens: the higher standard
Why residence bans against EEA citizens under section 67 FPG must be reviewed differently from entry bans.
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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.
4 July 2026 · Mag. Mirela Saric, Attorney at Law
Not every residence-ending measure is an entry ban. For EEA citizens, Swiss citizens and privileged third-country family members, the residence ban under section 67 FPG is regularly the central measure.
The standard is different and usually stricter than for third-country nationals. The longer and more established lawful residence is, the more precisely the authority must explain why the measure is lawful.
This article explains the key differences and shows why the correct classification is decisive from the start of the proceeding.
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Are you an EEA citizen or a family member of an EEA citizen?
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Are you an EEA citizen or a family member of an EEA citizen?
The first orientation does not replace advice but shows which point should be clarified immediately.
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Overview of all answers.
Privileged status must be clarified.
The situation should be reviewed promptly on the basis of the decision, proof of service and the concrete personal circumstances. The next step depends on the procedural stage.
Review return decision and entry ban.
The situation should be reviewed promptly on the basis of the decision, proof of service and the concrete personal circumstances. The next step depends on the procedural stage.
Why section 67 FPG works differently
Why section 67 FPG works differently
The residence ban under section 67 FPG applies to persons privileged under EU law. The authority must show a genuine, present and sufficiently serious threat to a fundamental interest of society. A previous conviction alone is not automatically enough.
The individual risk assessment is therefore especially important. It concerns current conduct, length of stay, family ties and whether less intrusive measures come into consideration.
Established residence and family
Established residence and family
Protection increases with the length of lawful residence. In long-standing residence or family-ties cases, the authority must give particularly careful reasons why a residence ban is proportionate. Children, care and actual dependencies must be described concretely.
The focus page residence ban and return decision explains the distinction from return decisions against third-country nationals.
Review point: At the start it must be clarified whether section 53 FPG or section 67 FPG applies. The wrong regime changes deadlines, arguments and evidence strategy.
FAQ
Residence ban against EEA citizens: the higher standard
Does an entry ban apply to EEA citizens? +
For EEA citizens and comparable privileged persons, the residence ban under section 67 FPG is typically central. It has different requirements from an entry ban against third-country nationals.
Is a conviction enough for a residence ban? +
No. An individual prognosis of a genuine, present and sufficiently serious threat is required. The authority may not rely schematically only on a previous conviction.
Why is length of residence important? +
The longer the lawful residence, the stronger the protection under EU law. Family, work, integration and actual ties are therefore central evidentiary topics.
Topics
Residence banEEA citizensSection 67 FPGFree movement
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