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Citizenship
Immigration Law
Insights
Criminal proceedings and residence.
A criminal complaint, a conviction, even an administrative penalty can affect your residence permit and your naturalisation. We defend you in criminal proceedings and keep the immigration consequences in view from the start.
What has happened?
In short
- Criminal proceedings can affect your residence permit, an entry ban and naturalisation.
- For EU citizens, a conviction alone does not justify a residence ban (Aufenthaltsverbot). What matters is personal conduct.
- For naturalisation, administrative penalties and diversion also count.
- Do not make a statement before you have spoken to a lawyer.
Criminal law with an immigration angle
Why both belong together
Criminal proceedings are about guilt and punishment. For people without Austrian citizenship, the same proceedings often also decide on their right of residence. That is why, in every defence, we also check what an outcome means for your residence permit, an entry ban or a later naturalisation.
Residence
Consequences for residence
After a conviction, the Federal Office for Immigration and Asylum (BFA)BFAFederal Office for Immigration and Asylum (Bundesamt für Fremdenwesen und Asyl). Decides at first instance on asylum, termination of residence, entry bans and detention pending deportation. can issue third-country nationalsThird-country nationalsPeople who are not citizens of an EU or EEA state or of Switzerland. with a return decision with an entry banReturn decision and entry banThe return decision (Rückkehrentscheidung) ends the stay and obliges the person to leave. The entry ban (Einreiseverbot) prohibits return to the Schengen area for a certain period.More about the entry ban →. Against EU citizens and their family members, a residence banResidence banMeasure against EU citizens, Swiss citizens and their family members (Aufenthaltsverbot). Stricter requirements than an entry ban: there must be a genuine, present and sufficiently serious threat.More about the residence ban → is issued instead. A criminal conviction alone is not enough for this: your personal conduct must represent a genuine, present and sufficiently serious threat to public order or security.
Naturalisation
Consequences for citizenship
For naturalisation, the authority examines under § 10 para 1 no 6 StbG§ 10 para 1 no 6 StbGCitizenship is only granted if the applicant's previous conduct guarantees that they have a positive attitude towards the Republic and do not pose a threat to public peace, order and security.Legal text in RIS (in German) → whether your overall conduct suggests that you will disregard important rules in future. Not only court convictions count, but also administrative penalties and proceedings closed by diversion. The standard is stricter than in immigration law.
Decide early
What we check at the start
- whether you should make a statement at all and what you say in the interview
- whether diversionDiversionClosing criminal proceedings without a conviction (Diversion), for example by paying a sum of money, community service, a probation period or victim-offender mediation. No entry in the criminal record.More about diversion → is possible: it ends the proceedings without a conviction and without an entry in the criminal record
- what consequences a judgment would have for your residence permit, pending asylum proceedings or your naturalisation application
- whether an arrest or other police action was lawful
From our practice: A client was to pay a penalty for unlawful residence. The Supreme Administrative Court (VwGH) set the penalty aside because the residence ban against him was not enforceable at all. Read the case (in German) →
Aliens Police Act (FPG)
Accused of people smuggling
People smuggling (Schlepperei) is regulated in § 114 FPG§ 114 FPGPeople smuggling: basic penalty up to two years. On a commercial basis or involving at least three foreign nationals, six months to five years; as a member of a criminal organisation or where lives are endangered, one to ten years.Legal text in RIS (in German) →. Anyone who, for payment, facilitates a person's unlawful entry or transit faces up to two years' imprisonment. If committed on a commercial basis or involving at least three people, the range of penalties rises to up to five years; for a criminal organisation or where lives are endangered, to up to ten years.
Important: do not make a statement before you have spoken to a lawyer.
Police
Unlawful arrest or check?
Against an unlawful arrest, detention or identity check, you can file an appeal against measures of direct coercionAppeal against measures of direct coercionAppeal to the administrative court (Maßnahmenbeschwerde) against direct orders and coercion by the police, for example an arrest, detention or search. Deadline: six weeks (§ 7 para 4 VwGVG). with the administrative court. In several of our clients' cases, courts have declared arrests and detentions unlawful.
Questions we get asked
Criminal proceedings and residence: short answers
Do I automatically lose my residence permit after a conviction?
No. The BFA examines in each individual case whether a return decision with an entry ban or a residence ban is permissible. The type and seriousness of the offence, your conduct since then and your ties in Austria, such as family and work, all count.
Can I become an Austrian citizen with a criminal record?
That depends on the penalty. Certain court convictions rule out naturalisation. In addition, the authority examines your overall conduct under § 10 para 1 no 6 StbG, including administrative penalties and diversion. Have this checked before you apply.
What is the penalty for people smuggling?
Under § 114 FPG, up to two years' imprisonment. If committed on a commercial basis or involving at least three foreign nationals, six months to five years; for a criminal organisation or where lives are endangered, one to ten years.
What can I do against an unlawful arrest?
You can file an appeal against measures of direct coercion with the administrative court within six weeks. The court determines whether the arrest or detention was unlawful.
Read more
Topics in criminal law
Next step
Initial consultation at a flat fee
We tell you what the accusation means for your criminal proceedings and for your residence, and what to do now.
Expungement
When will your conviction be expunged?
Once the expungement period (Tilgungsfrist) has ended, a court conviction no longer appears on the police clearance certificate (Strafregisterbescheinigung). We calculate the period for a single conviction.
What were you sentenced to?
Length of the prison sentence
As stated in the judgment.
Stated on the judgment or on the police clearance certificate.
For guidance only. This is not legal advice. Applies to a single conviction by an Austrian court for offences committed as an adult. For sexual offences, longer periods may apply or expungement may be excluded. Life sentences are not expunged. As of October 2026, source: Expungement Act 1972 (§§ 1 to 6 TilgG, RIS), oesterreich.gv.at.
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Packages & prices
Flat-fee packages for citizenship.
You know the full cost before you start.
- ✓ Personal consultation with our experts
- ✓ Review of your documents
- ✓ Filing the application with MA 35, without an appointment of your own 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 follow-ups with MA 35
- ✓ Obtaining Austrian documents
- ✓ Appeal (Beschwerde) against a refusal notice
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 →
Contact
How to reach us.
Unsere Erfolge
Aktuelles aus der Praxis.
1010 Vienna (Stephansplatz)