Facing Deportation from Vienna Due to Unauthorized Work – What You Can Do

By: Eli Doron, Adv

8/5/2025

Facing Deportation from Vienna Due to Unauthorized Work – What You Can Do

Understanding Unauthorized Employment in Austria

• A person holding a work visa tied to a specific employer who secretly takes up a second job or switches employers without a new permit – this breaches the conditions of the original work authorization .
• An international student in Austria who is only allowed to work limited hours, but works beyond those hourly restrictions or drops out of school to work – this would mean they are no longer abiding by their student status .
• A family member with a “gainful employment excepted” residence permit (meaning they are not allowed to work) who nonetheless engages in paid work.

Consequences of Working Without Authorization

• Expulsion (Return Decision) – The Federal Office for Immigration and Asylum (BFA) will typically issue a return decision (Rückkehrentscheidung) ordering you to leave Austria . This is essentially a deportation order. It may cancel any existing visa or residence permit you have. The order will specify a deadline for your voluntary departure (usually within a short period such as 7–30 days).
• Deportation – If you do not depart voluntarily by the deadline, the authorities can enforce the return decision by carrying out a forced deportation (Abschiebung) . You could be detained (taken into immigration custody) pending deportation to ensure you don’t abscond before the flight . Once deported, you will be removed from Austria and sent back to your home country (or another country you are permitted to enter).
• Schengen Entry Ban – In many cases, along with a return decision, Austria will impose an entry ban that bars you from re-entering Austria and all other Schengen Area countries for a certain period . The Schengen Information System (SIS) is updated with your details, meaning if Austria bans you, every Schengen country will deny you entry as well. The length of the ban can vary. For a minor violation it might be 1–2 years, but serious cases often bring multi-year bans (up to five years or more) . Repeat violations or criminal circumstances can even trigger permanent bans in extreme cases . An entry ban has severe consequences: it not only stops you from returning to Austria, but also from entering countries like Germany, France, Italy, etc. for the duration of the ban.
• Fines and Penalties – Even though you, as the worker, are not fined specifically for working without a permit (since the law punishes the employer for that), you could still face administrative penalties if your overall stay in Austria was illegal. For instance, if you overstayed your visa or never had a valid residence permit, that is an immigration offense on its own. Austrian law provides that a foreigner without legal stay can be fined at least €500 (and up to €5,000 in some cases), and if unable to pay, can be jailed for up to two weeks . In more extreme scenarios (like ignoring a final removal order and remaining in Austria long-term), fines up to €15,000 are possible – and inability to pay could mean an substitute prison sentence up to 6 weeks. These harsh penalties underscore that continuing to stay or work illegally after being ordered to leave is very risky.
• Impact on Future Applications – Being deported for unauthorized work or having a Schengen ban will likely flag your record in future visa applications. Any embassy or immigration authority will see that you violated Austrian immigration laws, which can make it much harder to obtain visas or permits for Europe in the future. You may have to disclose the deportation on visa forms, and a Schengen ban will outright prevent new visas until it expires.

Legal Options to Challenge a Deportation Order

1. File an Appeal (Einspruch/Beschwerde) – A deportation order (return decision) issued by the BFA is not necessarily the final word. In Austria, you generally have the right to appeal such decisions to the courts. This appeal is usually filed with the Federal Administrative Court (BVwG). Appeals must be lodged very quickly, often within 2 weeks of the decision being served (the exact deadline can depend on the type of case, but it is short!). An appeal typically suspends the deportation if it’s filed in time and/or if the court grants suspensive effect, meaning you should not be removed until the court reviews your case. In your appeal, you can challenge the grounds of the expulsion, argue that the punishment is disproportionate (especially if you have strong ties in Austria), or that proper procedure wasn’t followed. It’s often wise to request “aufschiebende Wirkung” (suspensive effect) explicitly in the appeal to freeze the deportation while the case is pending. Success through appeal is possible – for instance, in one case a foreign worker who had lived in Austria for years appealed a negative decision, highlighting his integration and clean record, and the Austrian Supreme Court annulled the deportation, eventually leading to the grant of a humanitarian visa . While not every case will have such a positive outcome, an appeal can buy valuable time and potentially overturn an unjust decision. Important: Do not attempt an appeal on your own. Engage a lawyer to draft the appeal, because it must be written in German legal form and contain all relevant arguments/evidence. Missing the deadline or filing an incomplete appeal can doom your case.
2. Apply for a Humanitarian Residence Permit (“Bleiberecht”) – Austria’s immigration law provides for certain humanitarian residence permits that you can apply for even if you are currently undocumented or facing deportation. These are often referred to as residence permits for exceptional circumstances (Aufenthaltstitel aus berücksichtigungswürdigen Gründen). There are a couple of routes, but generally you must show that your personal situation merits an exception – for example, you have been in Austria for many years, have family ties or deep integration, or there are other compelling reasons to allow you to stay. Some common humanitarian grounds include: having close family in Austria, especially if you support or care for an Austrian citizen or resident; marriage or partnership with an Austrian or EU citizen; children who are integrated (in school, etc., sometimes the authorities consider the rights of a child to stay); serious health issues that cannot be treated in your home country; long-term residence and social integration (like speaking German, having a clean record, community involvement); or even factors like having been exploited or trafficked while working (in which case a special protection visa might apply) . A humanitarian application is usually made to the immigration authority (or sometimes to the state governor’s office) and is a separate process from asylum. Crucially, filing such an application does not automatically stop a pending deportation – you will likely need to inform the authorities and may still need to appeal any current order. But if you meet the criteria, the government can grant you a residence permit (often one year, renewable) on humanitarian or exceptional grounds, allowing you to live and work in Austria legally. For example, one case involved an individual who had been in Austria for 5+ years: he improved his German to A2/B1 level, obtained a letter of financial guarantee from a friend, and applied for a humanitarian permit – within months, he was granted a residence permit due to his integration efforts . In another case, a man married an Austrian and had a baby; he applied for a humanitarian permit as the family member of an Austrian, and it was approved despite his prior illegal stay . These cases show that if you have equitable reasons to stay, do not hesitate to pursue this option. An attorney can advise if you qualify and help in preparing a strong application with supporting documents (proof of relationships, medical letters, language certificates, etc.).
3. Request a Suspension of Removal (Duldung) – If your deportation is imminent, one option your lawyer might seek is a temporary suspension of the removal for practical or legal reasons. In Austrian law, this tolerated stay is known as “Duldung.” A Duldung is not an official legal status like a visa; rather, it’s a recognition that you cannot be deported at the present time due to certain obstacles. Austrian authorities are obligated by law to tolerate your stay (nicht abschieben) as long as removal is impossible for reasons beyond your control . For example, if you cannot be deported because of a war or crisis in your home country (flights are unavailable or your home country refuses return) or because you are seriously ill and unfit to travel, the law says the deportation should be postponed . Recent examples include a moratorium on deportations to certain conflict zones – e.g. during the 2022 Ukraine/Russia conflict, some deportations were halted due to closed airspace . To obtain a Duldung, usually the authorities will note the impediment themselves, but your lawyer can also file a request or present evidence to the BFA or police to argue that deportation is not currently lawful or feasible (for instance, providing medical documents or proof of lack of travel documents). If granted, you may receive a “Duldung card” which acknowledges that you are temporarily tolerated in Austria. However, a Duldung is only a short-term reprieve – it does not give you a full legal residence or permission to work . You remain under obligation to depart once the obstacle is resolved, and you must continue seeking a long-term solution (like the appeals or permits mentioned above). Even so, securing a suspension can be life-saving, as it frees you from immediate danger of deportation and potentially gives time for other legal processes (appeals or permit applications) to play out. It can also prevent you from being penalized for “illegal stay” during the period you are officially tolerated (Austrian law provides that once a person is formally geduldet, they should not be fined for the overstay in that period). Obtaining a Duldung typically requires skilled navigation; a lawyer will know how to communicate with the authorities to get this result where possible.
4. Consider Voluntary Departure (Selbstausreise) – If legal challenges are not likely to succeed or while they are pending, voluntary departure is often a wise strategy to discuss with your attorney. Leaving Austria on your own accord within the allowed timeframe (or even at your own expense after that) can have benefits: you avoid the traumatic scenario of being detained and forcibly deported, and you may receive a shorter entry ban or sometimes no formal ban at all, compared to if you had to be deported. European authorities often treat those who cooperate more leniently . For instance, Switzerland explicitly notes that failure to leave by the deadline leads to a five-year entry ban – implying that if one does leave when told, the consequences could be less severe. In Austria, if you depart voluntarily, you might be able to negotiate the terms of your exit; in some cases, lawyers can request that no entry ban be entered into SIS if the person leaves willingly. Additionally, voluntary departure keeps the door open (at least in the long term) for applying to return to Austria legally in the future, since you did not defy the order. That said, do not simply “volunteer” to leave without legal advice. You should have an attorney communicate with the authorities to ensure that by leaving you are indeed avoiding worse penalties (get any promises in writing if possible) and to coordinate the logistics (especially if you need travel documents or have outstanding issues like unpaid fines that could interfere with exit). Voluntary departure might also be combined with an appeal that you continue from outside the country, in some instances. In summary, while it may feel like giving up, choosing voluntary exit can sometimes be the smartest tactical move to protect your ability to return to Europe in the future. Make this decision with full information about what ban (if any) will apply so there are no surprises.

Practical Steps to Take Immediately

If Austrian authorities (e.g. the financial police or immigration police) have approached you about illegal work, or if you’ve received a letter or decision ordering your deportation, you must respond quickly and wisely. Here are some practical tips on what you should do right now to protect yourself:

• Do Not Sign Anything Without Legal Advice: It’s common in enforcement situations for officials to ask you to sign documents – such as an interview statement, a confession of working illegally, or even a voluntary return agreement. Do not sign any document that you do not fully understand . You have the right to request an interpreter if needed. Politely insist that you want to consult your attorney before signing or making any official statement. In the stress of the moment, you might inadvertently admit to violations or waive certain rights. For instance, do not hastily sign a form agreeing that you will leave immediately, unless your lawyer advises it. Similarly, do not sign a statement that might contain inaccuracies about your work or stay. It’s okay to give basic identifying information to the police, but you can decline to answer detailed questions until you have legal counsel. Bottom line: exercise your right to remain silent and avoid written statements until you have a lawyer on your side.
• Gather All Relevant Documents: Start collecting any and all documents that could be useful in fighting your case. This includes passport(s) and IDs, copies of your visa or residence permit (even if expired), employment records (pay stubs, work contracts, emails or messages from your employer) – these could help establish what exactly you were doing and under what conditions. Also gather evidence of your life in Austria: Meldezettel (residence registration in Vienna), rental contracts or utility bills (proof of housing), school enrollment if you studied, and importantly any documents showing family or community ties (marriage or birth certificates, photos with family, letters from friends, membership in organizations, etc.). If you have medical records or other personal situation documents that could support a humanitarian claim (e.g. proof of a medical condition, disability, pregnancy, etc.), secure those as well. Having a full dossier ready will enable your attorney to quickly build a case for you – whether it’s arguing that you have integrated, or that removing you would cause undue hardship, or even that your employer exploited you (if applicable). Also, try to write down a chronology of events (when you came, when you started working, how you were caught) while it’s fresh in your mind – share this only with your lawyer (it can help in preparing appeals and understanding the facts). The more information and documentation you can provide to your lawyer, the better they can defend you.
• Contact an Immigration Attorney Immediately: This cannot be stressed enough – get a qualified Austrian immigration lawyer as soon as possible. Deportation proceedings move fast, and having a lawyer from the outset greatly improves your chances of a favorable outcome. A lawyer will step in to communicate with the BFA and police on your behalf, ensuring the authorities know you intend to contest the deportation. They can file appeals or urgent motions literally within days or even hours, if needed, to pause any removal. Make sure the lawyer you contact is a licensed Rechtsanwalt in Austria with experience in Fremdenrecht (immigration/alien law). They should ideally speak your language or provide translation, and be familiar with cases of illegal employment. When you first meet or call your lawyer, bring all those documents you gathered and the deportation notice if you have one, so they can assess the situation quickly. If you are being held in detention, do not despair – you have the right to phone a lawyer or your embassy; use that right to get legal counsel. Many law firms in Vienna offer emergency assistance for such cases. Do not delay – every day counts. Even if you think your case is hopeless, an attorney may spot legal errors in the process or humanitarian factors that could stop the deportation. At the very least, they can negotiate with authorities to give you more time or better conditions for departure.
• Avoid Further Violations: While fighting your case, be sure to comply with any requirements by authorities. For example, if you’ve been ordered to report to the police periodically or surrender your passport, do so (but again, consult your lawyer first). Do not continue working without authorization during this period – it could seriously undermine your case if you re-offend. It’s understandable that you need income, but continuing the violation while under proceedings will appear as bad faith. Also, do not try to run or hide – absconding will almost certainly lead to detention when you are found, and make it harder to obtain discretionary relief. Show the authorities that you are willing to follow the legal process while you contest the decision. This responsible behavior, coupled with strong legal arguments from your lawyer, will reflect positively on you.

The Importance of Prompt Legal Representation

How Our Vienna Office Can Help

• Austrian Federal Laws and Regulations – Aliens Police Act (FPG) and Settlement & Residence Act, as referenced in the European Migration Network study.
• European Migration Network – Unlawful Employment of Third-Country Nationals in Austria (2023), detailing consequences under aliens law for unauthorized work .
• Baker McKenzie Global Immigration Handbook – Austria: Requirements that non-EEA nationals must have work authorization to be employed.
• SchengenVisaInfo News – Member States Reveal What Happens If You Work in EU/EEA Without Work Permit (March 8, 2024), noting common penalties of deportation and entry bans across Europe.
• Dr. Klammer, Rechtsanwalt – “Illegal in Austria. What now?” (Blog post), examples of appeals and humanitarian visa success .
• BlogAsyl.at – Duldung (Toleration) in Austria, explanation of tolerated stay when deportation is impossible .
• Austrian Federal Ministry materials – guidance on voluntary departure vs. forced removal (implied in entry ban policies).