EES and expiry of residence permits – Is data automatically transmitted to the immigration authorities?

Those leaving Germany for several months often think first about plane tickets, moving house, or a new job abroad. Hardly anyone considers another question at that moment: Will it be much easier for immigration authorities to track how long I was actually outside of Germany or the Schengen Area?

With the Entry/Exit System (EES), the EU is introducing a digital border register that electronically records the entries and exits of many third-country nationals. For many Skilled workers , expats, students, and international companies are therefore rightly asking whether the immigration authorities will automatically be notified in the future if someone is staying abroad for an extended period. The answer is nuanced – and certainly of practical importance for holders of German residence permits.

What exactly is the EES?

The Entry/Exit System (EES) replaces passport stamps at many Schengen external borders with electronic recording of entry and exit. Information stored includes the time of entry, the time of departure, the travel document used, and biometric data. The system primarily serves to monitor short stays by third-country nationals. At the same time, however, it creates a digital record of border crossings that is significantly more accurate than the previous passport - stamping system. This is particularly important for international travelers. skilled workers from the USA , Canada or British citizens who regularly commute between Germany and their home country are therefore wondering what impact the EES might have on their German residence permit.

Are EES data automatically transmitted to the immigration authorities ?

The short answer is: No – at least not in the sense of an automatic notification.

According to the EES Regulation, the competent immigration authorities can access the stored data to the extent necessary for fulfilling their legal duties. However, this does not mean that every entry or exit automatically appears in the electronic file of the local immigration authority .

In our experience, checks are usually only carried out in practice when there is a specific reason. There is currently no routine for immigration authorities to regularly monitor all stays abroad. This also reflects current administrative practice. However, the crucial change lies elsewhere: If an authority wishes to conduct a check, significantly more reliable data will be available in the future.

Why could the EES become more important for Section 51 of the Residence Act?

Section 51 of the Residence Act (AufenthG) is of central importance for many residence permits. It regulates the conditions under which a residence permit expires.

Section 51, paragraph 1, number 7 of the German Residence Act (AufenthG) is particularly relevant. According to this provision, a residence permit generally expires if the foreigner stays outside Germany for more than six months or exceeds a longer period determined by the immigration authorities . Section 51 of the Residence Act also contains numerous special regulations and exceptions, for example, for certain holders of a settlement permit or an EU long-term residence permit . Until now, the actual duration of a stay abroad was often difficult to prove. Passport stamps could be missing or illegible. Flight tickets were lost. Authorities frequently had to rely on the information provided by the individuals concerned or request additional documentation . The EES is likely to change this situation considerably. Electronic recording of border crossings makes it much easier to verify when someone has left and re-entered the Schengen Area.

Will the EES lead to more frequent inspections in the future?

From a legal perspective, there are many arguments in favor of it.

Our assessment is that simpler technical options regularly lead to a lower threshold for audits. When relevant information is available with just a few clicks, the workload for the authorities is significantly reduced.

However, this does not mean that every residence permit will be routinely checked in the future. In our experience, immigration authorities only usually take action when there is a specific reason. Such a reason could be, for example, an application for an extension, an application for a permanent residence permit, or a Naturalization or any other decision under immigration law.

What mistakes do we encounter most frequently in legal practice?

Interestingly, problems often do not arise because of the EES itself.

A common mistake is for people to deregister their residence in Germany without being aware of the consequences under their residency law. Depending on the circumstances, this can have significant repercussions for the continued validity of their residence permit and should never be considered solely from a registration law perspective.

We also regularly encounter cases where individuals plan extended stays abroad without obtaining timely approval or an extension from the immigration authorities , even though this would have been possible or even urgently necessary in many situations. This is especially true for highly qualified individuals. Skilled professionals often receive attractive offers for projects abroad, Postings or extended stays in one's home country. Those who coordinate such plans with the immigration authorities early on can avoid many problems later on.

What does this mean for international professionals and employers?

For companies, HR departments and international employees, careful planning of international assignments is becoming increasingly important.

Those who send employees abroad for several months Anyone planning a posting abroad or an extended stay abroad should not focus solely on employment law or tax issues. It is equally important to assess whether the planned absence could jeopardize their German residence permit.

Especially among highly qualified individuals Skilled workers would find it frustrating if a long-established residency status were lost simply because residency deadlines were not observed.

Conclusion

The entry/exit system does not automatically report every departure to the immigration authorities . However, the relevant authorities can access the stored data if necessary for their legal duties.

For holders of German residence permits, the real issue is likely to be less the automatic data transfer itself, but rather the fact that stays abroad will be significantly easier to track in the future . This could increase the practical importance of checks carried out under Section 51 of the Residence Act.

Anyone planning an extended stay outside Germany should seek advice early on. Many immigration-related problems arise not from malicious intent, but because those affected underestimate the legal consequences of a prolonged absence or deregistering their residence. These risks can often be avoided with timely planning.