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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.

Quick guide

What has happened?

Over 2,000 citizenship and 10,000 residence and asylum proceedings
€ Clear prices, no hidden costs
Directly reachable on WhatsApp

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 can issue with a . Against EU citizens and their family members, a 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 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.

Which penalties count for naturalisation →

Decide early

What we check at the start

  • whether you should make a statement at all and what you say in the interview
  • whether 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 . 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 with the administrative court. In several of our clients' cases, courts have declared arrests and detentions unlawful.

Our successes (in German) →

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.

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.

Book an initial consultation →

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?

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.

Packages & prices

Flat-fee packages for citizenship.

You know the full cost before you start.

Basis
€1,490
One-off, flat fee
  • ✓ Personal consultation with our experts
  • ✓ Review of your documents
  • ✓ Filing the application with MA 35, without an appointment of your own at the authority
Learn more
Most chosen
Plus
€2,990
One-off, flat fee
  • Everything in Basis, plus:
  • ✓ Legal representation in the proceedings
  • ✓ Responses to all letters from the authority
Learn more
All-in
€6,000
One-off, flat fee
  • Everything in Plus, plus:
  • ✓ All communication with the authority
  • ✓ Regular follow-ups with MA 35
  • ✓ Obtaining Austrian documents
  • ✓ Appeal (Beschwerde) against a refusal notice
Learn more

Prices per applicant. All package details →

How we work

Three steps, from the first conversation to the notice (Bescheid).

1

Initial consultation

For a flat fee. We listen, go through your documents and tell you honestly where you stand.

2

Clear assessment

You know exactly what is realistic, what it costs and what happens next, in writing.

3

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.

Deutsch• English• فارسی• العربية• Русский• Español•

Looking for the whole team? Meet everyone →

Contact

How to reach us.

Goldschmiedgasse 6/6-8
1010 Vienna
U1/U3 Stephansplatz · 2 minutes
We reply within one working day.
All contact details (in German) →

Unsere Erfolge

Aktuelles aus der Praxis.

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