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Family and private life

Protection of private and family life under Article 8 ECHR, the balancing of interests under section 9 BFA-VG and the relevance of established residence.

Orientation in 2 minutes

Private and family life: how strong are your ties?

Art 8 ECHR protects your private and family life and can decisively weaken an entry or residence ban. Answer a few questions for an initial assessment.

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01 Question 1

What ties do you have in Austria?

Multiple ties strengthen protection, choose the most important.

All paths at a glance

Overview of all answers.

01

Protection of the marital community

An existing and genuinely lived marriage or partnership with a person who has a right of residence weighs heavily in the proportionality test. What matters is that the community is genuinely lived and cannot reasonably be continued abroad.
Assess and lift an entry ban →
02

Best interests of the child to the fore

Where there are minor children in Austria, the best interests of the child are a central criterion. The actual relationship, care and maintenance must be set out, as well as the consequences of separation for the child.
Residence ban and return decision →
03

Protected private life through integration

Even without immediate family, a long, lawful stay with work, language skills and social ties can establish a protected private life. The duration and degree of integration are decisive here.
How the BFA and BVwG proceedings work →
04

Limited ties, a realistic assessment

Where ties in Austria are limited, they usually do not on their own support an entry ban. Other approaches then come to the fore, such as the proportionality of the duration or errors in the proceedings.
Deadlines and appeals at a glance →

An entry ban or a residence ban often interferes deeply with private and family life. This is precisely where Article 8 ECHR comes in: every interference with the protected private and family life must be proportionate. In immigration law a careful balancing of interests must therefore always be carried out.

The relevant criteria for this balancing are listed in section 9 BFA-VG. We prepare your ties within Austria, the length of your residence and your integration so that they carry the necessary weight in the balancing.

Protection under Article 8 ECHR

Article 8 ECHR protects private and family life. An interference, such as an entry ban, is only permissible where it is provided for by law, necessary and proportionate. The authority must weigh the public interest in the measure against the private interests of the person concerned.

  • family life: marriage, partnership, children and close relatives
  • private life: social, professional and societal ties
  • interference only with a legal basis and where necessary
  • proportionality as the central standard

The balancing of interests under section 9 BFA-VG

The law names the criteria to be brought into the balancing. The stronger the ties within Austria and the longer the lawful residence, the more heavily the private interests weigh against the public interest in the measure.

  • nature and length of the previous residence and its lawfulness
  • the actual existence of a family life
  • degree of integration, such as language, work and social ties
  • ties to the country of origin and criminal conduct

Established residence

With increasing length of a lawful residence, the protection against measures ending residence grows. This established residence means that ever higher requirements are placed on the justification of an entry or residence ban. Long and integrated residence is therefore a weighty argument.

How we support you

  • preparation of the family and private ties within Austria
  • setting out length of residence, integration and established residence
  • well-founded argumentation of the balancing under section 9 BFA-VG
  • asserting Article 8 ECHR in the proceedings and in the appeal

This article provides a general overview of Austrian law and does not replace advice in an individual case. The specific circumstances of your proceedings are always decisive.

Frequently asked questions

What clients often ask.

Does my family life protect me from an entry ban? +
An existing family life is a weighty argument, but not absolute protection. It must be weighed against the public interest within the balancing under Article 8 ECHR. The more intense the family ties, the more heavily they weigh. An inadequate balancing makes the decision open to challenge.
What role does my integration play? +
Integration is a central criterion of the balancing under section 9 BFA-VG. Language skills, employment, social ties and the ability to support oneself increase the weight of the private interests. These circumstances should be brought into the proceedings well evidenced.
What does established residence mean? +
Established residence describes the protection against residence-ending measures that grows with the length of lawful residence. The longer and more integrated the residence, the higher the hurdle for an entry or residence ban. This aspect is often decisive.
Does family life count for adult children too? +
Family life under Article 8 ECHR primarily covers marriage, partnership and minor children. For adult relatives a protected family life can exist where additional dependencies are present, such as care or financial dependence. This must be set out in the individual case.
Related topics

This may also be relevant to you.

Lifting or shortening an entry ban

Application to lift or shorten an entry ban under section 60 FPG: timely departure, changed circumstances and the right reasoning towards the BFA.

Residence ban and return decision

Return decisions against third-country nationals and residence bans against EU citizens under sections 52 and 67 FPG, with their different standards.

Schengen-wide entry ban and SIS alert

How an entry ban takes effect across the whole Schengen area through the Schengen Information System (SIS), its present legal basis in the EU SIS Regulations and the consultation procedure.

Entry ban, return decision, a running appeal deadline?

In immigration law, deadlines and the right argumentation decide. Call us directly or send an email, callback within one business day.

+43 662 6280000 [email protected] Book initial consultation (72 euros)
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg