Citizenship
Immigration Law
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Administrative penalties and naturalisation.
Parking tickets, traffic fines, a penalty order (Strafverfügung): in naturalisation cases, the authority also looks at administrative offences. Not every penalty is an obstacle, but each one has to be classified correctly.
What would you like to know?
In short
- In naturalisation cases, the authority also examines administrative penalties.
- Parking fines and individual minor offences are usually not an obstacle. Serious or repeated violations can be.
- What matters is how long you have kept to the rules since then.
- Against a penalty order (Strafverfügung): objection within two weeks.
§ 10 para 1 no 6 StbG
What the authority looks at
Citizenship is only granted to someone whose overall conduct suggests that they will not disregard essential rules protecting public order and security in future (§ 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) →). To do so, the authority must make a forecastForecast of future conductThe authority assesses whether your conduct so far suggests that you will keep to essential rules in future. The time of the decision is what counts.. The standard is stricter than in immigration law, because citizenship is meant to be the conclusion of successful integration.
The time of the decision is what counts, not the day on which you filed the application.
Classification
How different penalties count
- Serious: violent and drug offences, repeated violations of the same kind, offences committed recently
- Relevant, but usually not decisive on its own: serious traffic offences, offences committed after earlier convictions
- Minor: parking fines and individual minor traffic offences. Even a law-abiding person can commit a minor administrative offence once.
- Usable only to a limited extent: expunged penalties, proceedings closed by diversion, a police barring orderBarring and approach banPolice measure to protect against violence, usually in the home (Betretungs- und Annäherungsverbot, § 38a SPG). Not a penalty and no proof of guilt, but it may be taken into account as an indication. under § 38a SPG (an indication, not proof)
A mere reference to entries on record is not enough for a refusal. The authority must establish and assess the type, seriousness and circumstances of each incident.
Time elapsed
When the penalty is further in the past
Administrative penalties are expunged under § 55 VStG§ 55 VStGAdministrative penalties count as expunged five years after they become final and may then no longer be mentioned in official information for criminal proceedings.Legal text in RIS (in German) →. The authority may still take the conduct behind it into account. That makes it all the more important how long you have kept to the rules since then, counted up to the decision. A few months are not enough. If the incident was years ago, the authority must give reasons why it still makes a negative forecast.
Managing director
Penalty as a managing director
If you were penalised as a managing director or responsible representative (§ 9 VStG§ 9 VStGFor offences of a company, the person who represents it externally is responsible, for example the managing director, unless a responsible representative has been appointed.Legal text in RIS (in German) →), you did not commit the offence yourself. That speaks against a negative forecast about you personally.
Penalty order
Object now?
Against a penalty orderPenalty orderAdministrative penalty (Strafverfügung) without a prior investigation. With the objection it lapses and the authority must conduct a regular procedure. you can file an objection (Einspruch) within two weeksDeadline: two weeksFrom service of the penalty order. The objection can also be made orally to the authority that issued the penalty order (§ 49 VStG). of service, against the penalty itself, its amount or the costs. Check name, date and place: formal errors can also be a ground. Before a naturalisation application, an objection can be worthwhile even for small penalties.
Against a penalty decision (Straferkenntnis), you can file an appeal (Beschwerde) with the administrative court within four weeks of service. It is filed with the authority that imposed the penalty. For small fines, a revision to the Supreme Administrative Court (VwGH) is often excluded (§ 25a para 4 VwGG).
Before the application
Know all entries on record
Before applying, collect all penalties of recent years. Transfers to the city authority (Magistrat), the police or the district authority (Bezirkshauptmannschaft) on the bank statements you submit as proof of income can point to penalties you no longer remember. Anyone who does not fulfil the integration agreement (Integrationsvereinbarung) in time also risks an administrative penalty.
From our practice: A client was told to pay €950 for allegedly transporting children without a child seat. He had not even driven the car in question. After our objection, the Regional Police Directorate (Landespolizeidirektion) discontinued the proceedings. Read the case (in German) →
Questions we get asked
Administrative penalties and naturalisation: short answers
Do parking fines prevent naturalisation?
As a rule, no. Parking fines and individual minor traffic offences count as minor. It can be different for serious traffic offences or repeated violations of the same kind.
When is an administrative penalty expunged?
Five years after it becomes final (§ 55 VStG). In naturalisation cases, the authority may still take the conduct behind it into account. What matters is how long you have kept to the rules since then.
How long do I have to object to a penalty order?
Two weeks from service (§ 49 VStG). The objection can also be made orally. It can be directed against the penalty itself, its amount or the costs.
Does a penalty I received as a managing director count?
It is taken into account but usually weighs less: if you did not commit the offence yourself, that speaks against a negative forecast about you personally.
Read more
Related topics
Next step
Initial consultation at a flat fee
We classify every entry on record, tell you whether and when an application has a chance and take action against a negative forecast by the authority.
Deadlines for administrative penalties
Until when can you object or appeal?
Choose what the heading of your letter says.
What have you received?
The day on which you received the letter. If it was deposited at the post office, the first day of the collection period counts.
Administrative penalties can also play a role for citizenship. Requirements for naturalisation →
For guidance only. This is not legal advice. Deadlines under § 49 VStG and § 7 para 4 VwGVG. If a deadline ends on a Saturday, Sunday, public holiday, Good Friday or 24 December, the next working day applies (§ 33 para 2 AVG, § 24 VStG). As of October 2026, source: RIS.
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Mag. Igor Matejuk, BEd
Mag. Adrian Zitter
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