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Return decision

Return counselling and voluntary return: what still needs legal review

Return counselling may help in practice. The decision, deadline, entry ban and later shortening still need legal review.

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.

26 July 2026 · Mag. Mirela Saric, Attorney at Law

Return counselling and voluntary return may be very important in a tense procedural situation. They do not replace legal review of the decision. Deadline, entry ban, proof of departure and later shortening must be considered separately.

This article is for affected persons who use return counselling or plan voluntary return. It distinguishes practical support from legal review of the decision.

The point is not to criticise return counselling. A clear division of roles is useful: organisation and support on one side, legal strategy on the other.

Place your situation

Which assessment matters now?

Answer the short assessment. The result shows which documents and next steps fit this focus.

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01 Question 1

Which question comes first?

Return counselling does not replace review of the decision. Deadline, entry ban and later options must be clarified.

All paths at a glance

Overview of all answers.

01

Organise documents and chronology first.

The legal assessment depends on the decision, service, previous steps and concrete evidence. Without that basis, the review stays too general.

Sort the documents by date and evidence topic. This shows which point is already supported and what is still missing.

02

The procedural status determines the next step.

Whether an application, appeal or preparation makes sense depends on the current status. The operative part, duration, service and earlier decisions matter.

Only then can it be assessed whether section 60 FPG, Article 8 ECHR, a NAG issue or SIS correction is central.

03

Fast clarification prevents wrong turns.

If the situation is unclear, rushed steps can cause harm. This applies especially to travel plans, new applications, passport data or voluntary return.

A short legal review helps separate a safe course from mere assumptions.

What return counselling can provide

Return counselling may help with organisation, information and practical support for return. This can include contacts, steps, documents and practical preparation.

The legal question remains the specific decision. Which deadline applies? Was an entry ban imposed? What does departure mean for later lifting or shortening?

The BBU provides information on return counselling. For legal assessment, the decision and procedural status are also needed.

Deadline, proof of departure and later effect

Voluntary return is not only a travel issue. It can connect with the departure deadline, proof of departure and later arguments under section 60 FPG.

The article on the voluntary departure deadline explains the basic framework. If more time is needed, see the article on extending the deadline.

It is important to document departure properly. A later application becomes harder if proof of actual departure is missing.

What should be legally checked before return

Before return, at least the decision, service, appeal status, duration of the entry ban and possible SIS effect should be checked. Pending applications or appeals may also affect timing.

If lawful return is planned later, the route should not be sorted only after departure. It can be recorded beforehand which evidence will matter for a later application.

The article on lifting or shortening the entry ban shows the later assessment path.

Newsletter: Practical notes on return decisions, entry bans and residence are available in the Brandauer newsletter.

FAQ

Frequently asked questions on this focus.

Does return counselling replace legal review? +

No. Return counselling can support organisation. Legal review of the decision, deadline and entry ban remains separate.

Why is proof of departure important? +

It may later show that departure actually took place. This can matter when changed circumstances are assessed.

Should the decision be reviewed before return? +

Yes, if deadlines, appeals, the entry ban or later return plans are unclear. The decision should then be read before the next step.

Topics
Return counsellingVoluntary returnEntry banProof of departure

Entry ban, return decision, a running appeal deadline?

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