Austria Lists Six Conditions for Residence Permit Denial

The Austrian government has published a list of six specific conditions that may bar third-country nationals from obtaining a residence permit. These conditions include: 1) An entry or residence ban under § 53 or § 67 of the Foreigners' Police Act (FPG); 2) A valid return decision from any European Economic Area member state or Switzerland; 3) An enforceable return decision within 18 months of leaving Austria, with exceptions for voluntary departures; 4) Engagement in sham marriages, partnerships, or adoptions for the purpose of securing a residence permit; 5) Overstaying a visa or visa-free period; and 6) A conviction for illegal entry within the last 12 months.

The guidance clarifies that even if applicants meet other eligibility criteria, they can still be denied a permit based on these conditions. Prospective applicants are advised to thoroughly review their immigration history before applying, as past decisions in other EEA countries may also impact their eligibility.