Entry and border controls
All information for successful entry and border control procedures in the Schengen area.
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Here you learn ...
when you are allowed to enter the Schengen area
everything about border control procedures under Schengen law
what requirements there are for legal entry
what you can do if you are refused entry
Table of contents
1. Entry into the Schengen area
2. Border controls in the Schengen area
2.1 Border surveillance in Germany
2.2 Entry and exit stamps
3. Requirements for entry into Germany
3.1 Valid entry documents
3.2 No SIS alert
3.3 Proof of the purpose of stay as a prerequisite for entry
3.4 Securing livelihood as a condition for entry
4. Refusal of entry
5. FAQ
6. Conclusion
1. Entry into the Schengen area
Entry into the Schengen Area (and thus into Germany) is subject to clearly defined regulations, primarily set out in Regulation (EU) 2016/399, also known as the Schengen Borders Code . This regulation serves as a common legal framework for the crossing of the external borders of the Schengen states by persons. Crossing the external borders also includes entry by air ( Article 2 No. 3 of the Schengen Borders Code ). The Schengen Borders Code should not be confused with the Visa Code (Regulation (EC) No. 810/2009) , which regulates the requirements for issuing Schengen visas .
A central feature of the Schengen Area is the abolition of internal border controls between participating countries. This means that anyone who receives a visa for one Schengen state is, in principle, also free to move in all other Schengen states . For this very reason, entry regulations and border controls at the external borders, including airports, are particularly strict. This article describes the requirements and procedures for successful entry into the Schengen Area and Germany.
2. Border controls in the Schengen area
2.1 Border surveillance in Germany
Border controls at the EU's external borders play a central role in ensuring security within the Schengen area. Their main objective is to prevent unauthorised border crossings , combat cross-border crime, and take action against persons without a right of residence. Persons who illegally enter the territory of a Member State and do not have a right of residence will be returned or deported from the Schengen area in accordance with the Return Directive 2008/115/EC .
To ensure effective surveillance, border guards deploy both stationary and mobile forces. Surveillance between official border crossing points is conducted with particular attention to flexible deployment times and changing control methods. In addition to the physical presence of border guards, technical surveillance tools are also used. These include electronic systems, sensors, and other modern technologies. The European Commission is empowered to adopt additional measures, if necessary, to adapt border surveillance to changing threat situations.
2.2 Entry and exit stamps
The stamps in passports play a central role in electronic and paper-based entry controls. According to Article 11 of the Schengen Borders Code, travel documents are systematically stamped with an entry or exit stamp . This makes residence status and the duration of stay easier to verify. To ensure protection against forgery, the security codes on these stamps are changed regularly – at least once a month. For third-country nationals who are required to have a visa, the entry or exit stamp is usually affixed to the page of the passport opposite the visa. If this page is already occupied or unsuitable, it is printed on the next page. As a rule, no stamp is affixed in the machine-readable zone to avoid impairing readability by automatic systems.
According to Article 11(1) of the Schengen Borders Code, an entry or exit stamp is generally entered in the passport in the following cases:
If you have a valid visa
If the visa was issued directly at the border
If no visa is required
Family members of EU citizens or third-country nationals with freedom of movement rights will also receive a stamp if they cannot present a valid residence card in accordance with Directive 2004/38/EC (Freedom of Movement Directive) . In certain exceptional circumstances, the stamp in the travel document is waived, for example, for heads of state and diplomats whose arrival has been officially announced, for flight crew, train crew, or seafarers while on official business, and for cruise ship passengers who are subject to certain simplified checks. The same applies to EU citizens.
If an entry stamp is missing (although one is required), the authorities assume that the person concerned has exceeded the permitted length of stay ( Article 12, paragraph 1 of the Schengen Borders Code ). However, this presumption can be refuted by credible evidence, such as airline tickets or travel documents, or by proof of stays outside the EU. In such cases, the actual entry or exit date can be subsequently entered into the travel document. In addition, a form confirming the border crossing may be issued.
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Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
3. Requirements for entry into Germany
If you, as a third-country national, are planning to stay in Germany or the Schengen area, certain entry requirements must be met. This regulation applies to all stays in the territory of the European Union member states that are party to the Schengen Agreement. A fundamental distinction must be made between the requirements for obtaining a Schengen visa (according to the Visa Code ) and the requirements for entering the Schengen area (according to the Schengen Borders Code ). While the requirements for obtaining a Schengen visa and entering the country overlap in many respects, they are not necessarily identical .
According to the Schengen Borders Code, the conditions for legal entry into the Schengen area are the following:
3.1 Valid entry documents
For a planned stay in the territory of the Member States, third-country nationals must first be in possession of a valid travel document (Article 6 (1) of the Schengen Borders Code). The travel document (e.g. passport) must be valid for at least three months after the planned departure from the territory of the Member States and must have been issued within the previous ten years. If a visa is required for entry, a corresponding valid visa must also be available. If you only have a fictitious certificate of residence, it must be a fictitious certificate in accordance with Section 81 (4) of the Residence Act (a certificate in accordance with Section 81 (3) of the Residence Act, however, does not entitle you to travel).
Further information on the validity of travel documents and passport replacement documents can be found in our VISAGUARD article on passport requirements in Germany .
3.2 No SIS alert
To enter the Schengen area, there must also be no alert in the Schengen Information System (SIS) for refusal of entry (Article 6 (1) (d) of the Schengen Borders Code). The Schengen Information System (SIS), established in 1995 after the abolition of controls at the internal borders of the European Union (EU), is a comprehensive database to support controls at the external borders. In addition to the SIS, there must also be no entry in national security databases, and the foreign national must not pose a threat to public policy, internal security, public health, or the international relations of a member state.
For further information on SIS and national security databases, please see our VISAGUARD technical article on security screening of foreign nationals .
3.3 Proof of the purpose of stay as a prerequisite for entry
According to the Schengen Borders Code, border officials are authorized to request proof of the purpose of entry from third-country nationals through appropriate documentation. The purpose of the stay must be clearly identifiable and credibly documented. The documents required for this purpose are regulated in Annex I to the Schengen Borders Code. This annex lists the possible forms of proof that may be required depending on the purpose of the trip (e.g., tourism, business trip, visit, study):
Business trip : invitation letter from a company or other supporting documents
Trade fair and congress visits : entrance ticket for the respective event
Training and study trips : confirmation of admission from the educational institution or student ID card
Political, scientific, cultural, sporting or religious events : corresponding invitations or tickets
Tourist travel : accommodation receipts (private invitation letter or hotel booking) and itinerary (e.g. booking confirmation from the travel agency)
Documents concerning the return journey : return ticket (e.g. flight ticket)
3.4 Securing livelihood as a condition for entry
To enter the Schengen Area, third-country nationals must prove that they have sufficient financial means to cover their living expenses during their stay (Article 6 (1) (c) of the Schengen Borders Code). The assessment of these means depends on the duration and purpose of the stay as well as the average cost of accommodation and meals in the respective Member State. The calculation is based on an average price level for inexpensive accommodation and multiplied by the number of days of stay. Depending on national law and the specific situation, a declaration of commitment or a guarantee from the host may also serve as proof of sufficient means, particularly if the stay is with a private individual.
4. Refusal of entry
Third-country nationals – i.e. people who do not originate from an EU member state – can be refused entry to the territory of the European Union . This applies in particular to missing travel documents, visa problems or security concerns. Special regulations on asylum law, international protection or national visas with a longer stay are excluded. Refusal of entry is made exclusively on the basis of a written and reasoned decision by the competent national authority. This decision is communicated to the person concerned immediately. According to the Schengen Borders Code, you have the right to appeal or to file a legal remedy against this decision (Article 14 (3) Schengen Borders Code). If it turns out during the appeal procedure that the refusal of entry was unfounded, you have the right to have all entries and stamps made in your travel documents at the time of the refusal corrected.
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
5. FAQ
What are the requirements for entering Germany?
For legal entry into Germany or the Schengen area, third-country nationals need:
A valid passport
A visa, if required
No alert for refusal of entry in the SIS (Schengen Information System)
Credible proof of the purpose of the stay (e.g. invitation, hotel booking)
Proof of sufficient financial means for the stay
What is the Schengen border control procedure?
The Schengen border control procedure regulates checks at the external borders of the Schengen states. Border officials check documents, the purpose of stay, means of subsistence, and possible security concerns (e.g., SIS entries).
How is entry and exit documented?
Entry and exit are documented by passport stamps. This applies to all third-country nationals who are required to have a visa or are exempt from it – except in certain cases (e.g., holders of a residence card under Directive 2004/38/EC).
Who carries out border controls in Germany?
In Germany, the Federal Police is responsible for stationary and mobile border controls. In addition to personnel, modern technical surveillance equipment is used.
What can I do if I am refused entry?
You have the right to appeal the entry denial. You should seek legal advice on this matter – for example, from the experienced VISAGUARD partner lawyers.
6. Conclusion
Entry into the Schengen Area, particularly into Germany, is subject to clear legal requirements. The Schengen Borders Code regulates in detail the conditions under which third-country nationals may cross the external borders. These include, among other things, valid travel documents, a proven purpose of stay, sufficient financial resources, and the absence of security-relevant alerts in the SIS. Border controls – whether stationary or mobile – serve not only to enforce these requirements but also to protect the entire Schengen Area. If entry is nevertheless refused, there is a clearly regulated appeal process. Those who prepare well can significantly increase their chances of entry – if uncertain, early advice from experienced lawyers is recommended.
