Was kann ich nach einer negativen Entscheidung des Bundesverwaltungsgerichts tun?

Binnen sechs Wochen Beschwerde an den Verfassungsgerichtshof und Revision an den Verwaltungsgerichtshof erheben. Daneben kann ein Antrag auf einen humanitären Aufenthaltstitel in Frage kommen.

Wann bekomme ich einen Aufenthaltstitel aus berücksichtigungswürdigen Gründen?

Etwa nach fünf Jahren durchgängigem Aufenthalt, wenn davon mindestens die Hälfte, jedenfalls aber drei Jahre rechtmäßig waren. Für die Aufenthaltsberechtigung plus brauchen Sie zusätzlich Modul 1 oder eine erlaubte Arbeit über der Geringfügigkeitsgrenze (§ 56 AsylG).

Was ist eine Duldung?

Kein Aufenthaltstitel, aber ein Schutz vor Abschiebung, solange diese aus tatsächlichen Gründen unmöglich ist und Sie das nicht selbst zu vertreten haben (§ 46a FPG).

Without a Residence Permit | Immigration Lawyer Vienna

Quick check

Where are you in your proceedings?

Choose what you received most recently.

A decision (Bescheid) from an authorityFor example from the BFA, MA 35 or a district authority (Bezirkshauptmannschaft).

A court ruling (Erkenntnis)From the Federal Administrative Court or a regional administrative court. It decides on the merits.

A court order (Beschluss)The court rejected the case, discontinued it or decided on a procedural question.

I am not sureOr nothing has arrived yet.

For guidance only. This is not legal advice.

In short

After a negative decision there is usually little time: the supreme courts within six weeks.
After five years of residence, at least three of them lawful, a humanitarian permit is possible.
Private and family life can also support a residence permit.
If deportation is actually impossible, tolerated stay (Duldung) may be an option.

After the refusal

Unlawful stay does not mean immediate deportation

Asylum or settlement proceedings do not always end well. If you receive a negative decision from the Federal Administrative Court (BVwG) or a regional administrative court, you are often suddenly staying in Austria unlawfully. This does not automatically mean detention pending deportation (Schubhaft) or deportation, but every week now counts. Get advice immediately.

Route 1

Complaint or revision to the supreme courts

Against the administrative court's decision, a complaint to the Constitutional Court (VfGH) and an (extraordinary) revision (außerordentliche Revision) to the Supreme Administrative Court (VwGH) are possible. The deadline is six weeks from service.

From our practice: a man had lived in Austria for more than ten years, and the Federal Administrative Court had given little weight to his integration. The Constitutional Court set the decision aside; in the second round of proceedings he received a humanitarian residence permit.

Route 2

Residence permit on grounds deserving special consideration

Long residence

at least five years without interruption in Austria
at least half of that time, but in any case three years lawful
Module 1 of the integration agreement (Integrationsvereinbarung) or permitted employment above the marginal earnings threshold (Geringfügigkeitsgrenze)
depending on integration: ability to support yourself, education, employment, German; your living costs can also be covered by a sponsorship declaration (Patenschaftserklärung)

Private and family life

family in Austria with a right of residence
long residence and social ties
integration steps such as German courses, work, volunteering
serious illness that cannot be treated in the country of origin

You apply for these permits from the Federal Office for Immigration and Asylum (BFA). Which variant works in your case depends on the details.

Route 3

Tolerated stay (Duldung)

If a person cannot be deported for factual reasons, for example because no country will take them, tolerated stay may be an option. It is not a residence permit, but it protects against deportation as long as the reasons continue.

Caution

What you should avoid now

appointments with the police or the BFA without preparation
letting deadlines pass
signing anything you do not understand

If detention pending deportation is imminent →

Questions we get asked

Without a residence permit: short answers

What can I do after a negative decision of the Federal Administrative Court?

File a complaint to the Constitutional Court and a revision to the Supreme Administrative Court within six weeks. In addition, an application for a humanitarian residence permit may be an option.

When do I get a residence permit on grounds deserving special consideration?

For example after five years of uninterrupted residence, if at least half of that time, but in any case three years, was lawful. For the residence entitlement plus you also need Module 1 or permitted work above the marginal earnings threshold (§ 56 AsylG).

What is tolerated stay (Duldung)?

It is not a residence permit, but protection against deportation as long as deportation is impossible for factual reasons and you are not responsible for this yourself (§ 46a FPG).

I cannot afford a lawyer. Is this the end?

No. You can apply for legal aid (Verfahrenshilfe). It can cover the lawyer's costs and the fees. You submit the application yourself, within the six weeks.

Does the summer interrupt the deadline?

No. The six weeks also run in August and over Christmas. If the deadline ends on a Saturday, Sunday or public holiday, it only ends on the next working day.

What happens if the Supreme Administrative Court rules in my favour?

It usually sets the decision aside. The administrative court then decides again and is bound by the legal view of the Supreme Administrative Court.

Initial consultation at a flat fee

We check immediately whether a deadline is still running, which route is realistic and what you should do in the meantime.

Book an initial consultation →

After the court

Revision and Constitutional Court: the key points

Only with a lawyer

A revision (Revision) and a complaint to the Constitutional Court (VfGH) must be filed by a lawyer. The only thing you can file yourself is the application for legal aid (Verfahrenshilfe).

Where it is filed

The revision is filed with the administrative court that decided, not directly with the Supreme Administrative Court (VwGH). The complaint to the Constitutional Court goes directly to the Constitutional Court.

No automatic stop

A revision or a complaint to the Constitutional Court does not on its own stop a deportation or transfer. Suspensive effect (aufschiebende Wirkung) must be applied for separately. Tell us immediately if a date has been set.

Supreme Administrative Court or Constitutional Court

The Constitutional Court examines whether fundamental rights were violated, for example the right to private and family life (Art 8 ECHR). The Supreme Administrative Court examines whether the law was applied correctly. Often both routes are possible. We check both.

Book an initial consultation