Unlawful entry ban: successfully sued for damages
Unlawful entry ban: successfully sued for damages
Were you stopped when entering Austria? Have you been refused entry despite having a valid Schengen visa?
Do you have problems entering Austria? Have you been rejected despite having a valid visa?
Mrs F. is from Rwanda, has a British residence permit, and has a visa for Iceland. She is planning a holiday in Austria. Hotel, car, etc. are booked and she is on her way to Austria. But when she lands in Schwechat, the big surprise comes. The police do not want to let her enter Austria. Even after a long back and forth, they don't let her in and Ms F. has to fly back to England. But she didn't want to give up without a fight: she contacted us and together we took action against this injustice. The effort payed off: we can prove in court that our client was wrongly sent home. This enabled us to fight for compensation for the entire vacation that Ms. F. had booked and could not cancel.
Entry into Austria
In principle, a visa is required to enter Austria. However, there are some exceptions here: Travelers with an EU passport do not need a visa. You can find other visa-exempt countries here.
With the Schengen Convention (STS) for Austria in 1997, the so-called "Schengen standard visa" was created in addition to the national visa. This means that if you have a visa for a country in the Schengen area, you can travel to another Schengen country without any problems.
What is the Schengen area?
The Schengen area consists of 26 member states:
Austria, Belgium, Denmark, Germany, Estonia, Finland, France, Hungary, Italy, Greece, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Sweden, Slovakia, Slovenia, Spain, Czech Republic, and the non-EU countries Members Switzerland, Norway, Iceland and Liechtenstein.
The agreement not only includes easier entry and exit (elimination of border controls) between these countries, but also regulates cooperation between the police of the different countries. There is also increased cooperation in the court system, for example to simplify extraditions.
Which visa categories are there?
There are four different visa categories:
1. Visa A (airport transit visa): In principle, you do not need a visa for Austria if you only change planes and continue flying. However, there are a few countries that also require a visa for this: Afghanistan, Bangladesh, Democratic Republic of the Congo, Eritrea, Ethiopia, Ghana, Iran, Iraq, Nigeria, Pakistan, Somalia, Sri Lanka and Syria.
2. Visa C (tourist visa): With a tourist visa you can spend a maximum of 90 days in Austria and consequently also in the Schengen area within a six-month period.
3. Visa D (residence visa): You can apply for a visa for 6 months or 12 months if you state certain reasons. With this visa you can also spend 90 days within a six-month period in a country in the Schengen area.
4. Residence permit for Austria: If you want to stay longer than 6 months in Austria, you have to apply for a residence permit.
What do I do if I have been turned away at the border?
If you are still at the border:
- Call us now: 436507283562
Describe the situation and we will help immediately.
If you are no longer at the border:
- Contact us: Write to us via our contact form: Contact. Describe your case in detail and our team will get back to you as soon as possible.
Can the police just turn me away?
A visa is not a guarantee of entry.
There are several reasons why the police might turn you away:
1. No valid visa: If you do not have a visa, you are not allowed to enter the country.
2. Reasons arise that justify rejection. The police can withdraw the visa and refuse entry.
However, the police need valid reason to do so, so it pays off to contact a lawyer (Contact) and look into the situation.
Dr. Klammer can help you with any concerns related to this topic
You can use the contact form below to get in touch with us and tell us about your situation. Dr. Klammer and his team will examine the matter and get in touch with you about how to proceed.
If you would like to speak to us personally, we are happy to offer you an initial consultation at our usual rate (EUR 150.00), in which we will inform you professionally for up to one hour about the possibilities and also lay the foundation for a representation in one process arising out of this matter.
Simply make an appointment for this
+43 650 7283562
/ office@anwaltklammer.com
Contact
It is well known that questions do not cost anything - feel free to contact us without obligation.