Published: 03.06.2026
Case law states that a third-country national unlawfully present in Austria but holding a valid residence permit from another EU member state must first leave for the country that issued that document. The other member state’s permit remains effective, while an Austrian entry ban continues only at the national level and requires the person to leave Austria.
According to the sources, a valid residence permit from another EU member state changes the procedure for a third-country national unlawfully present in Austria: priority is given to departure to the state that issued the permit rather than automatic removal to the country of origin. The person can retain the status granted by that other state, but still cannot remain in Austria without a lawful basis. This matters primarily to people moving within the EU or attempting to relocate to Austria after obtaining residence rights elsewhere. Before moving, they should verify that the permit remains valid and understand the effect of any Austrian return decision.