Definition and significance of the exit visa
Ein Exit visa is an official authorization issued by a state which allows a person to leave the respective national territory. In contrast to the entry visa, which permits entry into a country, the exit visa—depending on the legal system—regulates the departure of one’s own citizens or foreign persons (e.g., foreigners or stateless persons) and constitutes an interference with the right to freedom of movement. The requirement and legal framework for an exit visa vary significantly at the international level, and it is not general practice for states to require such visas.
Legal basis and international regulations
Principle of sovereignty and national legal framework
The ability to make the departure of one’s own or foreign persons subject to approval generally arises from the principle of sovereignty under international law. The respective legal basis for exit visas is laid down in national laws, regulations, and administrative provisions. States may impose conditions for departure for various reasons, such as security policy, economic, tax, or migration-related reasons.
International agreements and human rights
Key international legal norms are found in the International Covenant on Civil and Political Rights (ICCPR), particularly in Article 12, which guarantees every person the right to leave any country, including their own. According to paragraph 3, this right may only be restricted for reasons of national security, public order, public health or morals, and the rights and freedoms of others. The European Convention on Human Rights (ECHR), Article 2 of Protocol No. 4, also contains comparable provisions.
Nevertheless, some states require a general exit permit, which can conflict with the international law prohibition of discrimination and individual freedoms.
Historical development and worldwide examples
The Eastern Bloc and other restrictive states
In the 20th century, exit visas were particularly common in socialist countries, such as the GDR (German Democratic Republic), the Soviet Union, and other Eastern Bloc states. Departure was only permitted upon issuance of a state visa, often after extensive reviews, waiting periods, and political considerations. Even today, some states (e.g., North Korea, Eritrea, Turkmenistan, Saudi Arabia until 2019) require their citizens to obtain an exit visa.
Exit visas for foreigners and third-country nationals
Some states require foreigners or third-country nationals to obtain an exit visa, for example to check residence status, tax or criminal matters, or when travel documentation is lacking.
Abolition and prevailing worldwide practice
In the course of internationalization, the Universal Declaration of Human Rights, and under the influence of international organizations (including UN, EU, OSCE), most states have abolished the requirement for an exit visa. In the European Union, there are no longer exit restrictions for citizens of Union states—apart from international sanctions, criminal law reasons for exclusion, or security considerations.
Legal regulations in detail
Germany
Under German law, there is no exit visa for German citizens; the right to depart is constitutionally protected (Art. 2 para. 2 sentence 2 Basic Law, Art. 11 Basic Law). Interference is only permitted where there is a legal basis, such as for criminal prosecution (e.g., travel ban in case of imminent risk of flight).
No exit visa is required for foreigners either. However, in cases of pending residence questions or ongoing investigations, departure may be prohibited but not made conditional on the issue of a visa.
Austria and Switzerland
Exit visas are also not required in Austria or Switzerland. Freedom of movement is protected under constitutional law or international agreements.
States with exit visa requirements
In some countries, applying for an exit permit remains a precondition for actually leaving the country. This mostly concerns their own citizens and may be required for reasons such as military service, unpaid taxes, unresolved legal disputes, or political control.
A notable example is the so-called ‘Kafala system’ in several Gulf states, which allows or allowed foreigners (especially migrant workers) to leave the country only with the employer’s consent.
Application process and legal consequences
Application and administrative procedure
The application for an exit visa in restrictive states is usually submitted to a responsible authority (e.g., Ministry of the Interior, security service, passport office). The necessary documents and requirements (such as invitation, proof of financial means, payment of outstanding fees) are determined by the respective national legislation.
Refusal, restriction, or revocation
In the event of a refusal, administrative review can usually be requested in several stages. Reasons for refusal may include, among others, national security interests, criminal investigations, compulsory military service, unfulfilled civic duties, or political motivations.
Legal consequences of unauthorized departure
Unauthorized departure or attempts to circumvent exit visa requirements may be subject to sanctions. These range from fines, imprisonment, to restrictions on future re-entry as well as further disciplinary or criminal measures.
Critical analysis and current developments
Human rights assessment
The requirement for an exit visa constitutes an interference with personal freedom and is in tension with international human rights. While the aim of national security and public order is recognized as a legitimate exception, the general or arbitrary practices of restrictive states have been widely criticized internationally.
Trends toward liberalization
As a result of international cooperation, digitalization, and global mobility, the trend is toward the abolition of the exit visa. There is an increasing shift toward electronic surveillance, exit restrictions as an exception, and digital information systems.
Summary
Das Exit visa is an instrument of state control over the territorial mobility of individuals and is subject to significant legal, political, and human rights constraints. While it historically and globally existed in various forms, its significance is now largely limited to a few states. International law standards fundamentally protect the right to depart and allow restrictions only on a strict legal basis and under proportionality requirements. The exit visa thus remains a remarkable example of the evolution of rule-of-law control in the international context.
Frequently asked questions
What requirements must be met to obtain an exit visa?
Various legal requirements must be met to be granted an exit visa, which may differ depending on the country of origin and national law. In Germany, an exit visa is issued in particular to foreigners subject to an obligation to depart, in order to enable their lawful departure from the federal territory. A basic requirement is usually that, at the time of application, no serious grounds for deportation exist under § 53 AufenthG. In addition, identity and nationality must be clarified, which must be demonstrated by appropriate identification documents. Another important aspect is that there must be no overriding public interests opposing the departure. The applicant must also prove that actual departure to the destination or home country is possible, for example by means of a valid travel document and, if applicable, an existing return agreement. Proof of financial means to secure departure and possession of a valid passport are also frequently required. In individual cases, proof of specific arrangements for departure, such as flight tickets or a government-approved travel plan, may also be requested.
Which authority is responsible for issuing the exit visa?
Responsibility for issuing an exit visa in Germany generally lies with the local foreigners’ authority at the applicant’s place of residence. In special cases, the Federal Police may also play a role, for example at airports, by issuing spontaneous exit visas at border crossings. For persons subject to residence control measures, such as in immigration detention, the responsibility for issuing the visa also generally lies with the competent foreigners’ authority, often in close coordination with other security agencies (such as the Federal Office for Migration and Refugees). Abroad, the German diplomatic missions (consulates and embassies) are responsible for issuing exit visas to third countries, provided the necessary legal requirements are met and appropriate applications are submitted.
Is a fee payable for an exit visa?
The issuance of an exit visa is generally subject to payment of an administrative fee. The amount of this fee is set out in the Residence Ordinance (AufenthV) and may vary depending on the individual case and federal state. In Germany, the fee is usually between 30 and 60 euros. However, there are certain cases in which a fee reduction or waiver is possible, for example in cases of indigence or when the applicant is a minor. In cases of compulsory return by state authorities, the fees may be covered by the state. The applicant will receive an invoice or a fee notice, and the visa is generally issued only after payment has been made. Payment procedures are determined by the responsible authority in each individual case.
What legal remedies are available in the event of refusal of an exit visa?
If an exit visa is refused, various legal remedies can be pursued. Under German administrative law, an objection against the administrative decision is usually the first step, unless state law excludes this (in some German states, the so-called ‘Widerspruchsausschlussklausel’ under § 68 para. 1 Administrative Court Rules (VwGO) applies). If the objection is unsuccessful or not possible, a lawsuit can be filed with the competent administrative court. It is important to observe the relevant deadlines specified in the refusal notice (usually one month after notification). In urgent cases, it is also possible to file an application for interim legal protection under § 123 VwGO to enable departure. The administrative decision must always be substantiated in detail; procedural errors or unjustified discretionary decisions may be challenged in court.
What obligations does an applicant have in connection with an exit visa?
When applying for an exit visa, the applicant is subject to a number of legal obligations. These include, in particular, the duty to provide complete and truthful information regarding identity, nationality, and residence status. Furthermore, all necessary proof of travel arrangements, travel dates, destination address, and any available travel or return documents must be submitted. Failure to comply with these duties may result in refusal of the visa. There is also an obligation to notify the foreigners’ authority immediately of any changes regarding travel plans or agreements made. If conditions are attached to the exit visa, such as registration requirements or a return deadline, these must be strictly observed. Failure to fulfill these duties may result in criminal or administrative offense proceedings.
How long is an exit visa generally valid?
The period of validity of an exit visa is determined individually by the responsible foreigners’ authority and depends on the departure date stated in the application as well as the applicant’s actual possibilities for return. In practice, the exit visa is generally issued with short-term validity (usually between a few days and a maximum of six weeks) to ensure immediate departure. In justified individual cases, validity can also be extended, for example if unforeseen obstacles prevent immediate departure (such as illness or flight cancellation). After the validity expires, the visa automatically loses its effect; further stay in the federal territory is then generally no longer lawful. Abuse of extension or use of the visa after its expiry may result in consequences under residence law.
What are the differences between an exit visa and other residence titles?
An exit visa differs from other residence titles primarily in its purpose and duration. While residence titles such as the visa for entry, residence permit, or settlement permit allow for temporary or permanent legal presence and integration within the federal territory, the exit visa solely serves to enable the departure of a person who is obliged to leave or whose stay is ending. It therefore does not entitle the holder to settle freely or to take up employment, but is subject to strictly observed deadlines and conditions. Furthermore, the exit visa is generally limited in time and purpose, whereas other residence titles may be unlimited or valid for longer periods. Another difference lies in the legal consequences of exceeding the period of validity, which in the case of exit visas can lead to residence law measures more quickly than with other residence titles.
