Austria Lists 6 Obstacles That Could Block Foreigners From Getting a Residence Permit
- Austria's government published a list of conditions that could prevent third-country nationals from obtaining a residence permit in the country
- The obstacles range from outstanding entry bans and return decisions to sham marriages entered into for immigration purposes
- One of the listed factors targets foreigners who overstayed a visa or visa-free period before submitting a residence permit application
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Austria has outlined six specific conditions that could bar a foreigner from securing a residence permit, with the country's official government website warning that these obstacles apply to third-country nationals.
The Austrian government published the list under a section titled "Obstacles for a residence permit," stating clearly that permits may not be granted when any of the following circumstances apply.
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Austria residence permit
Below are the six conditions the Austrian government has identified as grounds for refusing a residence permit:
1. Entry or residence ban in force — An applicant who has been issued an entry ban under § 53 of the Foreigners' Police Act (FPG) or a residence ban under § 67 FPG will not qualify for a permit.
2. Return decision from another EEA state or Switzerland — A valid return decision issued by any European Economic Area member state or Switzerland can also disqualify an applicant.
3. Enforceable return decision within 18 months — Where an enforceable return decision exists and fewer than 18 months have elapsed since the applicant left Austria, a permit will generally not be issued. An exception applies if the person departed voluntarily and is applying from outside Austria for the first time.
4. Sham marriage, partnership, or adoption — Entering into a fraudulent marriage, civil partnership, or adoption arrangement specifically to obtain a residence permit is listed as a disqualifying factor.
5. Overstaying a visa or visa-free period — Third-country nationals who were entitled to apply for their first residence permit from within Austria but then exceeded their permitted visa-free stay or the duration of their visa may be refused.
6. Conviction for illegal entry in the last 12 months — Any applicant who has been finally sentenced for circumventing border controls or entering Austria unlawfully within the preceding 12 months will also be ineligible.
What this means for residence permit applicants
The Austrian government's guidance makes clear that even applicants who meet other eligibility requirements can be turned away if any of the above conditions apply to their situation.
Prospective applicants are advised to review their immigration history carefully before submitting an application, as past decisions made in other EEA countries can equally affect their chances in Austria.
Residency permit: Austria sets financial requirement
Meanwhile, Legit.ng recently reported that Austria has disclosed the minimum monthly income foreigners must earn to qualify for a residence permit.
The requirement means applicants must prove they have enough regular income to cover their living expenses without relying on welfare support.
Source: Legit.ng
