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Citizenship
Immigration Law
Insights
Lifting or shortening an entry ban.
After a return decision, you may not enter Austria or the Schengen area for a certain period. Under certain conditions, the ban can be ended early.
Where do you stand?
In short
- A return decision is usually combined with an entry ban for the whole Schengen area.
- If you left on time, you can apply for the ban to be lifted or shortened.
- For bans based on a criminal conviction, half of the ban must also have passed.
- After a deportation it is harder. We check this on the basis of the file.
Aliens Police Act
Return decision and entry ban
If the Federal Office for Immigration and Asylum (BFA)BFAFederal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl). It is responsible for asylum procedures, return decisions, entry and residence bans and humanitarian residence permits. Appeals against its notices are decided by the Federal Administrative Court (BVwG). issues a return decision (Rückkehrentscheidung)Return decisionA notice of the BFA that finds the stay unlawful and imposes the obligation to leave. It usually sets a deadline for voluntary departure., the third-country national must leave Austria. It is usually combined with an entry ban (Einreiseverbot): for a certain period, entry into Austria and the other Schengen statesSchengen areaThe entry ban is stored in the Schengen Information System and in principle applies to all Schengen states. is prohibited. You can appeal (Beschwerde) against the return decision; the deadline is short and depends on the procedure. What counts is the information on legal remedies (Rechtsmittelbelehrung) in your notice. If the Federal Administrative Court dismisses the appeal, you have six weeks from service of the decision for a revision (Revision) to the Supreme Administrative Court (VwGH) or a complaint to the Constitutional Court (VfGH). Both must be filed by a lawyer. Options after a negative decision →
Ways out of the ban
Can an entry ban be lifted?
Yes, under certain conditions. The BFA can lift or shorten the ban on application (§ 60 FPG§ 60 FPGAbs 1: shortening or lifting of an entry ban under § 53 Abs 2 if the foreign national left on time. Abs 2: for bans under § 53 Abs 3 Z 1 to 4, half of the ban must also have passed abroad.Legal text in the RIS (in German) →). It depends on the legal basis of the ban:
- For a ban based on administrative offences or a lack of means (up to five yearsLength: up to five yearsEntry ban under § 53 Abs 2 FPG, for example because of administrative offences or because your means of subsistence were not secured.): if you left on your own and on time after the return decision.
- For a ban based on a criminal conviction: in addition, at least half of the length of the entry ban must have passed abroad.
You must prove that you left on time. The entry ban also ceases to apply if you are granted asylum or receive a residence permit on grounds deserving consideration under the Asylum Act. Family ties, for example to a child with EU citizenship, can also play a role.
Deported?
After a deportation
If you did not leave voluntarily, you generally cannot apply for lifting under the first option. In exceptional cases there are still ways. A lawyer should check this on the basis of the file.
What we do
File inspection and application
We inspect your file at the BFA, check the requirements and file the application for lifting or shortening.
From our practice: An entry ban had been issued against a twelve-year-old girl together with her parents. The Supreme Administrative Court overturned it because no threat attributable to her personally had been established. Read the case (in German) →
Questions we get asked
Entry ban: short answers
How long does an entry ban last?
It depends on the reason. For administrative offences or a lack of means up to five years (§ 53 Abs 2 FPG), for criminal convictions it can be longer.
Can I apply for the ban to be lifted?
Yes, at the BFA. For a ban under § 53 Abs 2 FPG, it is enough that you left on time. For bans based on a conviction, half of the ban must also have passed abroad (§ 60 FPG).
Does the Austrian entry ban apply to all of Europe?
In principle it applies to the entire Schengen area, because it is stored in the Schengen Information System.
Read more
Related topics
Next step
Initial consultation for a flat fee
We tell you whether lifting the ban is possible, which evidence you need and how long it takes.
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.
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Packages & prices
Flat-fee packages for citizenship.
You know the full cost before you start.
- ✓ Personal advice from our experts
- ✓ Review of your documents
- ✓ Filing of the application with MA 35, without your own appointment at the authority
- Everything in Basis, plus:
- ✓ Legal representation in the proceedings
- ✓ Responses to all letters from the authority
- Everything in Plus, plus:
- ✓ All communication with the authority
- ✓ Regular reminders (Urgenz) to MA 35
- ✓ Obtaining Austrian documents
- ✓ Appeal (Bescheidbeschwerde) if refused
Prices per applicant. All package details →
How we work
Three steps, from the first conversation to the notice (Bescheid).
Initial consultation
For a flat fee. We listen, go through your documents and tell you honestly where you stand.
Clear assessment
You know exactly what is realistic, what it costs and what happens next, in writing.
We get started
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 →
Unsere Erfolge
Aktuelles aus der Praxis.
Contact
How to reach us.
1010 Vienna (Stephansplatz)