Application to lift or shorten an entry ban under section 60 FPG: timely departure, changed circumstances and the right reasoning towards the BFA.
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What matters is whether a decision has already been served.
An entry ban prohibits entry and residence for a defined period. It is usually issued by the Federal Office for Immigration and Asylum (BFA) together with a return decision and, in both its basis and its duration, rests on section 53 FPG. We assess for you whether the entry ban is lawful in principle and in its duration and whether having it lifted or shortened is achievable.
A final entry ban is not set in stone. For a subsequent lifting or shortening, section 60 FPG sets its own requirements, first and foremost that the person concerned has left the territory of the Member States in due time. Acting early and with a well-reasoned application can improve the prospects, but there is no guarantee of success.
Section 53 FPG is the legal basis of the entry ban itself and determines its permissible duration. The subsequent lifting or shortening of an entry ban that has already become final, by contrast, is governed by section 60 FPG. This clean distinction decides which requirements matter in the specific application.
Lifting under section 60(1) FPG requires that the person concerned has left the territory of the Member States in due time. For a shortening under section 60(2) FPG, more than half of the imposed ban duration must in addition have been spent abroad. Alongside these formal requirements, a current risk assessment matters: where the danger emanating from the conduct of the person concerned has ceased or become markedly lower, this argues for a lifting or a shorter duration.
The application to lift or shorten is filed with the BFA and should set out the requirements of section 60 FPG as well as the changed circumstances specifically and with evidence. What counts is not repeating old arguments but proving the timely departure and new facts. The BFA must then carry out a fresh overall assessment.
As long as the appeal deadline against the original decision is still open, the appeal to the Federal Administrative Court takes priority. Where the entry ban has already become final, by contrast, the subsequent application under section 60 FPG comes into consideration, which requires a changed situation and the timely departure. Choosing the wrong route loses valuable time.
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.
Return decisions against third-country nationals and residence bans against EU citizens under sections 52 and 67 FPG, with their different standards.
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.
Appeal to the Federal Administrative Court within the four-week deadline, the suspensive effect and the right way to handle the BFA decision.
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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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
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