Overstaying in Austria: fine, entry ban and enforcement
This is what Austria's own national law adds on top of the EU-wide entry-ban mechanism — every Schengen country runs that same baseline process, explained on the general overstay-penalties page, but the fine amount and exact enforcement style are set by each country individually.
Fine
EUR 500–2,500 for a first offense; EUR 2,500–7,500 for a repeat offense (or 2–4 weeks' imprisonment respectively if the fine can't be collected)
Entry ban
No Austria-specific statutory range was confirmed; entry bans are issued case-by-case within the general EU framework (commonly around 3 years for straightforward cases, per the EU-wide explainer on this site)
How it's enforced in practice
Unlawful stay is an administrative offense (Verwaltungsübertretung) under § 120(1a) of the Aliens Police Act (Fremdenpolizeigesetz 2005, FPG) — it is not punishable while a person is formally tolerated (geduldet), within a voluntary-departure period, or subject to a liberty restriction. Fine figures are quoted from a legal-database publisher citing the statute directly, not Austria's own RIS portal.
This is informational only, not legal advice — consult a qualified adviser if you're facing an actual return decision or entry ban.
Source: Fremdenpolizeigesetz 2005 (FPG) § 120, via JUSLINE Österreich legal database
Checked against official sources on 2026-09-16.
