Voluntary departure and deadline: how Section 55 FPG connects with the return decision and why a timely departure can matter for a shortening 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.
A return decision is often connected with a deadline for voluntary departure. It sets the period within which the federal territory should be left by your own decision. This deadline and meeting it can be significant well beyond the day of departure.
The connection between voluntary departure and the entry ban is central. Anyone who departs in time creates a factual basis that can later play a role in shortening the entry ban.
The short self-check below helps you place your own situation. We then explain the deadline under Section 55 FPG and its connection with the duration of the entry ban.
Answer one or two questions about the deadline and the departure. You will receive a first orientation on the next steps.
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The deadline for voluntary departure under Section 55 FPG is connected to the return decision. It follows from the decision.
If you depart within the deadline under Section 55 FPG, you should document the departure in a comprehensible way. A timely voluntary departure can later matter for an application to shorten the entry ban under Section 60 FPG.
Keep records such as tickets, border crossing confirmations and notifications. They are the basis for proving the departure later.
If the set deadline is not sufficient, an extension of the deadline for voluntary departure may come into consideration under certain conditions. What is decisive are the circumstances of the individual case, such as matters in Austria still to be settled.
Clarify in good time whether a corresponding application makes sense so the deadline does not pass unused.
Anyone who wants to challenge the return decision or the entry ban should first keep the appeal deadline in view. The question of voluntary departure and the appeal are connected, because a departure can affect the stage of the proceedings.
Clarify whether the appeal has suspensive effect and how a departure affects the proceedings before you act.
If no deadline for voluntary departure is visible in the decision, the decision should be examined carefully. In certain cases no deadline is set, for example where suspensive effect was withdrawn. Different consequences follow from this.
Get clarity about the operative part and the reasoning before you take further steps.
As long as it is unclear whether and which deadline for voluntary departure applies, the decision should be read carefully. The deadline follows from the connection with the return decision and the operative part of the decision.
Keep all documents to hand so the deadline can be determined in a comprehensible way.
The deadline for voluntary departure is governed by Section 55 FPG. It is connected to the return decision and sets the period within which the federal territory should be left by your own decision. As a rule a specific period is provided, which follows from the decision.
Under certain conditions the deadline can be extended, for example where special circumstances require a longer preparation. Where suspensive effect was withdrawn from the appeal, a deadline for voluntary departure can also fall away. How the return decision connects with voluntary departure is explained in the entry on the return decision.
Anyone who knows the deadline and observes it keeps the situation under control. A timely departure also avoids additional consequences that can be connected with a departure that is not timely.
Voluntary departure stands in a factual connection with the duration of the entry ban. The entry ban is imposed under Section 53 FPG and its duration is set there. A timely voluntary departure shows that the departure obligation is taken seriously and can later play a role in an assessment of the changed circumstances.
Concretely, a timely departure can matter for a later application to shorten or lift the entry ban under Section 60 FPG. Shortening or lifting requires that the relevant circumstances have changed. A proper departure can be one building block of these changed circumstances. Deeper orientation is provided by the focus page on lifting the entry ban.
Document the departure in a comprehensible way therefore. Records such as border crossing confirmations and tickets are the basis for proving the timely departure later.
Important on departure: A departure that is not timely can entail additional consequences. Document a timely voluntary departure carefully, because it can matter for a later shortening under Section 60 FPG. When in doubt act quickly and arrange an initial consultation (72 euros).
The deadline is governed by Section 55 FPG and is connected to the return decision. As a rule a specific period is provided, which follows from the decision. Under certain conditions the deadline can be extended.
A timely voluntary departure can matter for a later application to shorten or lift the entry ban under Section 60 FPG. It can be a building block of changed circumstances. The entry ban itself is imposed under Section 53 FPG and its duration is set there.
A departure that is not timely can entail additional consequences and make a later assessment more difficult. The deadline should therefore be observed and the departure documented. In case of difficulties it should be clarified early whether an extension comes into consideration.
In immigration law, deadlines and the right argumentation decide. Call us directly or send an email, callback within one business day.
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