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Entry ban

Re-entry during a valid entry ban under sections 26a and 27a FPG

Re-entry during a valid entry ban is not an ordinary visa issue. Sections 26a and 27a FPG need separate review.

Mag. Mirela Saric
Your contact person

Mag. Mirela Saric

Attorney at law · German and BCS

Mirela Saric assists clients in immigration matters with a clear structure: review the decision, secure deadlines, define the strategy and act quickly. She advises in German and Bosnian/Croatian/Serbian.

21 August 2026 · Mag. Mirela Saric, Attorney at Law

Re-entry during a valid entry ban is different from returning after the ban has expired. Travelling too early may create new problems at the border, with the authority and in the Schengen system.

Sections 26a and 27a FPG may become relevant where exceptional private or public reasons for entry during the ban have to be assessed.

This article distinguishes that situation from visa issues, SIS hits, humanitarian exceptions and re-entry after expiry.

Assess your situation

Which question comes first?

Answer one short question. The result shows whether documents, deadlines or legal review should be prioritised.

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01 Question 1

What is most urgent in your situation?

This does not replace legal advice, but helps with first orientation.

All paths at a glance

Overview of all answers.

01

Secure the documents first.

Secure the decision, annexes, proof of service and all authority letters. Without complete documents, review remains uncertain.

02

Deadlines take priority.

If a deadline or appointment is running, service should be checked immediately. Substantive arguments only help if they are raised in time.

03

The decision needs concrete review.

Whether a step makes sense depends on wording, reasons, evidence and the current procedural stage.

Assessment

Do not confuse three situations

For clients it may all look like a visa question. Legally, the routes differ.

The planned travel date is the first review point.
Situation Überblick question Distinction
During the entry ban Is there a specific basis under the FPG? Review sections 26a and 27a FPG
After expiry of the entry ban Has the ban really ended? compare with re-entry after expiry
Visa or SIS hit Why is entry refused? link to visa refusal, entry ban and SIS hit

A valid ban triggers a different review

A valid entry ban does not disappear because there is an urgent family, work or other reason. First, it must be checked whether the reason can fit the exception route at all.

This is not a new residence-title application under the NAG. The review remains focused on specific entry despite the existing ban.

Territorial scope also matters. Schengen effect, national decision and possible restrictions must be kept separate.

Separate humanitarian and other reasons

The humanitarian territorially limited visa is related, but not identical. Not every urgent reason is automatically humanitarian in the narrow sense.

Public interests or special private reasons may require a different assessment. Without the decision, travel purpose and evidence, the evaluation remains uncertain.

Travelling prematurely can create additional facts that later work against shortening or lifting the ban.

Process

Review before any planned entry

  1. 01
    Status

    Is the entry ban still valid?

    Duration, start and Schengen effect are reviewed.

  2. 02
    Reason

    Document the purpose of entry

    Private or public reasons need proof.

  3. 03
    Legal basis

    Compare sections 26a and 27a FPG

    The route depends on reason and decision.

  4. 04
    Border

    Clarify risk before travel

    Do not wait until the border crossing.

Practice point: Travel during a valid entry ban should never be based on hope alone. Decision, SIS position, travel purpose and evidence should be checked first.

FAQ

Frequently asked questions on re-entry during an entry ban.

Can I enter for an important appointment despite an entry ban? +

It is not automatically impossible, but it needs concrete legal review. Reason, evidence, decision and Schengen effect are decisive.

Is a new visa enough? +

Not automatically. If an entry ban or SIS hit stands in the way, that conflict must be reviewed.

Is re-entry after expiry easier? +

Documents and data still need to be checked after expiry. During the ban, the threshold is usually different.

Topics
Re-entryEntry banFPGSchengen

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