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Citizenship
Immigration Law
Insights
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Residence ban for EU citizens and their family members.
A residence ban (Aufenthaltsverbot) may only be imposed on EU and EEA citizens and their families if they pose a serious threat to public order or security. When it is lawful and how you can get it lifted.
Where are you now?
In short
- A residence ban (Aufenthaltsverbot) applies to EU and EEA citizens, Swiss citizens and their family members.
- It requires a genuine, present and sufficiently serious threat. A criminal conviction alone is not enough.
- At most ten years; unlimited only in particularly serious cases.
- If the reasons no longer apply, it must be lifted on application.
EU law
Residence ban or entry ban?
The residence ban is directed at EU and EEA citizens, Swiss citizens and their family members. Third-country nationals instead receive a return decision (Rückkehrentscheidung) combined with an entry ban (Einreiseverbot). Because the right of free movement is protected, the hurdles for a residence ban are considerably higher.
When?
Requirements
- Your personal conduct poses a threat to public order or security that is genuine, present and sufficiently serious§ 67 FPGThe personal conduct must represent a genuine, present and sufficiently serious threat affecting a fundamental interest of society. Criminal convictions alone are not automatically sufficient (§ 67 Abs 1 FPG).Legal text in RIS (in German) →.
- A criminal conviction alone is not enough for this.
- Duration: at most ten yearsDuration: up to ten years§ 67 Abs 2 FPG. Unlimited only in special cases, in particular after an unconditional prison sentence of more than five years (§ 67 Abs 3 FPG).; unlimited only where the threat is particularly serious.
Special protection
When the hurdles are especially high
- If you have the right of permanent residenceRight of permanent residence (Daueraufenthaltsrecht)EU citizens and their family members acquire it after five years of lawful and continuous residence. A residence ban is then only permitted on serious grounds., you are better protected.
- After ten years of residence, a residence ban is only permitted if there is a lasting and substantial threat to public security.
- Minors also enjoy enhanced protection.
Lifting the ban
Can a residence ban be lifted?
Yes. On application, the Federal Office for Immigration and Asylum (BFA) lifts the ban (§ 69 FPG§ 69 FPGA residence ban must be lifted on application or of the authority's own motion if the reasons that led to it being imposed no longer apply (§ 69 Abs 2 FPG).Legal text in RIS (in German) →) if the reasons that led to it being imposed no longer apply, for example because a long time has passed since the offence and you have behaved well since. You can file an appeal (Beschwerde) against the ban itself with the Federal Administrative Court (BVwG). The deadline stated in the information on legal remedies (Rechtsmittelbelehrung) of your notice (Bescheid) is decisive. If the Federal Administrative Court dismisses your appeal, you have six weeks from service of the decision to file a revision (Revision) with the Supreme Administrative Court (VwGH) or a complaint with the Constitutional Court (VfGH). Both must be filed by a lawyer. Options after a negative decision →
If you were deported or did not leave voluntarily, it is more difficult. This should be checked on the basis of your file.
Questions we get asked
Residence ban: brief answers
Is a conviction enough for a residence ban?
No, not automatically. Your personal conduct must represent a genuine, present and sufficiently serious threat (§ 67 Abs 1 FPG). Reasons based on general deterrence are not permitted.
How long can a residence ban last?
At most ten years (§ 67 Abs 2 FPG). Unlimited only in special cases, for example after an unconditional prison sentence of more than five years.
When is a residence ban lifted?
When the reasons that led to it being imposed no longer apply (§ 69 Abs 2 FPG). You file the application with the BFA.
Read more
Related topics
Next step
Initial consultation at a flat fee
We inspect your file at the BFA, check whether the reasons no longer apply and file the application to lift the ban.
Length of the ban
When does your ban end?
Work out how long an entry ban (Einreiseverbot) or a residence ban (Aufenthaltsverbot) applies. You will need your notice (Bescheid).
Which ban was issued against you?
You will find it in the operative part (Spruch) of the notice. Abs 2 covers, for example, administrative offences or a lack of means, Abs 3 criminal convictions and serious threats, Abs 4 cases without a deadline for voluntary departure or without departure on time.
Length stated in the notice
Have you left Austria?
The day you left Austria or were deported. The ban runs from the end of that day.
For guidance only. This is not legal advice. The ban starts at the end of the day of departure (§ 53 Abs 5 and § 67 Abs 4 FPG). What counts is your notice and the decision of the authority. As of October 2026, source: RIS, Aliens Police Act 2005 (Fremdenpolizeigesetz, FPG) as amended by BGBl. I Nr. 39/2026.
How we work
Three steps, from the first conversation to the decision.
Initial consultation
At a flat fee. We listen, review your documents and tell you honestly where you stand.
A clear assessment
You know exactly what is realistic, what it costs and what happens next, in writing.
We get to work
We file applications, monitor deadlines and keep you updated by e-mail, phone or WhatsApp, in your language.
Team
The people behind your case.
Mag. Igor Matejuk, BEd
Mag. Adrian Zitter
Looking for the whole team? Meet everyone →
Contact
How to reach us.
Unsere Erfolge
Aktuelles aus der Praxis.
1010 Vienna (Stephansplatz)