Concept and Legal Nature of Entry
Die Entry refers in legal terms to the direct crossing of a national border from another state into the territory of a country, combined with the actual physical presence of a person or certain goods on that territory. Entry constitutes a significant threshold for the applicability of various national and supranational legal norms. In particular, it serves as a fundamental point of reference in migration, immigration, customs, and criminal law for distinguishing between different rights and obligations.
Distinction from Other Terms
Entry is to be distinguished from residence, which becomes legally relevant only after successful entry. Transit is also different from entry if a person merely passes through the country’s territory and the territorial law is specially regulated (e.g., airport transit zones).
Legal Framework for Entry
National Legal Bases
General Entry Law
In German law, the Residence Act (AufenthG), the Freedom of Movement Act/EU (FreizügG/EU), as well as the Asylum Act (AsylG) primarily regulate the conditions for the entry of foreigners into German territory. As a rule, entry into Germany for nationals of third countries is only permitted if the legal regulations are complied with. This frequently includes the requirement for a valid passport and, if applicable, a visa or some other residence permit.
Passport and Visa Requirements
For entry, foreigners require, pursuant to Section 3 (1) of the Residence Act, a recognized and valid passport or passport substitute. The visa requirements are set out in Section 4 of the Residence Act in conjunction with the Visa Regulation (Regulation (EC) No. 810/2009, Visa Code) and national legal ordinances. The issuance of a visa or residence permit depends on the intended purpose and the anticipated duration of stay.
Border Controls
The legal basis for border controls is provided by the Federal Police Act (BPolG) as well as the relevant provisions of the Schengen Borders Code (Regulation (EU) 2016/399). Systematic personal checks are carried out at external borders, while no regular controls are conducted at internal borders unless temporary reintroductions are made for reasons of public order or security.
Supranational and International Provisions
Schengen Agreement and Schengen Borders Code
With the entry into force of the Schengen Implementing Convention and the Schengen Borders Code, a uniform legal framework for entry—especially into the Schengen area—was established. As a result, internal border checks between member states are waived, while binding requirements for entry at external borders and the associated control mechanisms are stipulated.
European Law Requirements
Within the European area, various regulations and directives govern the entry of Union citizens and their family members. Directive 2004/38/EC abolishes, under certain conditions, the requirement for a visa or residence title for EU citizens and their families when entering other member states.
Bilateral and Multilateral Agreements
In addition to provisions under Union law, there exist numerous intergovernmental agreements that provide for facilitations or special conditions for entry, such as visa facilitation agreements with countries outside the European Union.
Entry Bans and Entry Restrictions
National Entry Bans
States may prohibit entry in whole or in part for reasons of public security or order, health, or international relations. Legal bases for this can be found in German law, for example, in Section 11 of the Residence Act (ban on re-entry, entry ban). Such measures are usually time-limited and subject to procedural requirements such as notification duties and legal remedies.
Available Responses to Unlawful Entry
Entry without the required visa or passport document is considered unlawful entry (Section 14 of the Residence Act). This can constitute criminal offenses (Section 95 of the Residence Act) or administrative offenses (Section 98 of the Residence Act) and typically triggers asylum, residency, or criminal law measures such as refusal of entry, deportation, or expulsion.
Entry Under Exceptional Circumstances
There are exceptions, for example for asylum seekers under Section 18 of the Asylum Act: Upon filing an asylum application at the border, a special examination and immigration procedure applies before a decision is made on whether to permit or refuse entry.
Special Groups and Reasons for Entry
Diplomats and International Organizations
Special regulations established by international law (diplomatic status, immunities, special passports) apply for members of the diplomatic and consular service and employees of international organizations, facilitating or privileging their entry.
Entry for Humanitarian Reasons
Persons seeking international protection or humanitarian residence are subject to specific regulations, including the possibility of being granted temporary protection under Article 24 of Directive 2001/55/EC (in cases of mass influx of displaced persons).
Procedures and Obligations Upon Entry
Border Control Procedures
When crossing a national border, border crossing points must be used (Section 13 (2) Residence Act, Schengen Borders Code), unless exceptions apply. The authorities check travel documents and entry conditions and may refuse entry if requirements are not met.
Registration and Reporting Obligation
Certain legal systems require reporting to the competent authorities after entry (for example, Section 27 of the German Federal Registration Act, mandatory registration when taking up accommodation).
Entry in the Context of Customs Law
In addition to personal law provisions, the importation of goods is subject to special customs and tax regulations that take effect upon entry. Violations may be prosecuted as administrative or criminal offenses.
Summary
Entry is a legally far-reaching process that affects a variety of legal fields and is shaped by national, European, and international provisions. It is central to the commencement of residence and for the application of migration and border protection-related regulations. The requirements, obligations, and potential sanctions are differentiated and depend primarily on nationality, purpose of entry, available documents, and the presence of special need for protection. Entry regulations are subject to ongoing legal change, reflecting current developments in security policy as well as migration and integration policy.
Frequently Asked Questions
Which documents are absolutely required for entry into Germany?
For lawful entry into Germany, a valid travel document (usually a passport) and, depending on nationality, an appropriate visa are generally required. For nationals of EU member states, a valid identity card is sufficient. For nationals of third countries (states outside the EU, EEA, and Switzerland), in addition to a passport valid for at least three months beyond the planned date of departure, a national or Schengen visa is usually necessary. Exceptions exist for visa-free countries pursuant to the current visa list of the Federal Foreign Office. Additional evidence may be required, such as proof of the purpose of travel (e.g., invitations, hotel bookings, flight tickets), sufficient financial means for the stay, and valid international health insurance with a minimum coverage amount. Border officials are authorized to verify the authenticity and validity of all documents submitted and to establish compliance with the statutory entry requirements.
Under what circumstances may entry into Germany be legally refused?
Entry into Germany may be refused for various legal reasons. This is especially the case if entry or residence bans exist (for example, based on Section 11 of the Residence Act), forged or incomplete documents are presented, the purpose of stay cannot be credibly substantiated, or there is suspicion of a threat to public order and security (e.g., entries in the Schengen Information System [SIS] regarding entry bans or alerts). Refusal at the border is also possible if the requirements for visa-free entry are not met or there are doubts about the willingness to return. The decision to refuse entry is made by the Federal Police and must be communicated to the individual orally with reasons; there is also a right to written documentation and complaint.
What role does the purpose of stay play in determining entry requirements?
The purpose of stay is a key legal aspect in determining entry requirements, as it largely dictates which visa or residence title is required. Typical purposes include tourism, business trips, study, family reunification, or employment. Each category is subject to specific legal requirements and documentary obligations that must be presented at the time of entry. The border authorities may request proof of the purpose of stay as part of the control; this may include invitations, enrollment confirmations, employment contracts, or other relevant documents. A purpose that deviates from the information on the visa may lead to refusal of entry, as the integrity and plausibility of the immigration law must be ensured.
What is the legal significance of the duration of planned stay when entering the country?
The duration of the planned stay is crucial for distinguishing between a short-term and a long-term stay. For short stays of up to 90 days within a 180-day period, as is typical for tourism or business trips, a Schengen visa is sufficient or visa exemption applies for certain countries. For longer stays, a national visa (D visa) must be applied for before entry, permitting the desired purpose (e.g., work, study). Violations of permissible stay duration constitute unlawful entry or unlawful residence (Section 95 Residence Act) and can result in immigration law measures such as expulsion, entry bans, or even criminal penalties.
What are the legal consequences of violating entry regulations?
A violation of entry regulations can have a variety of legal consequences. These range from immediate refusal at the border to the imposition of entry and residence bans, as well as penalties such as fines or criminal charges under Section 95 of the Residence Act for intentional illegal entry. In addition, already issued visas or residence titles may be revoked if inconsistencies or deceptions arise during the process. Repeat or particularly serious violations can lead to entries in the Schengen Information System, making entry into all Schengen states impossible until the entry is deleted.
What special provisions apply to minors entering Germany?
There are special legal regulations in place for minors to ensure their protection. For minors traveling alone or only with one parent, a formal declaration of consent from the non-traveling legal guardian(s) is required—often in certified form and accompanied by copies of the guardians’ ID documents. Failure to provide such documentation can result in temporary detention at the border to exclude risks to the child’s welfare. Specific requirements also govern the care of minors after entry, such as the appointment of a legal guardian for longer stays.
What legal regulations govern entry in relation to health protection and disease prevention?
The key legal regulations for health protection and disease prevention upon entry to Germany are found in the German Infection Protection Act (IfSG) as well as in special laws, such as entry regulations during pandemics (e.g., the COVID-19 pandemic). Beyond a list of risk or high-incidence areas, evidence of vaccination, recovery, or current negative test results may be required (e.g., proof of a negative PCR test not older than 48 hours). Violations of notification or documentary obligations can result in refusal of entry, quarantine orders, and fines. The responsibility for control lies especially with the Federal Police and health authorities.
