Germany extends border controls until March 2027 – especially fictitious cases should be careful.

Germany is extending border controls at its land borders once again. The current control period ends on September 15, 2026. Immediately afterwards, the controls will continue from September 16, 2026, until March 15, 2027.

The affected areas are Germany's land borders with France, Luxembourg, Belgium, the Netherlands, Denmark, Austria, Switzerland, the Czech Republic and Poland.

For most people with clearly documented residency rights, little will change. However, the checks could be particularly relevant for third-country nationals whose right to reside in the country legally remains valid, but who cannot easily prove this at the border with a current residence document.

In our practice, so-called fictional cases are particularly relevant.

Why does Germany continue to control its Schengen borders?

Germany is, in principle, part of the Schengen Area. The Schengen system is based precisely on the fact that systematic checks on persons do not normally take place at the common internal borders.

However, the Schengen Borders Code allows, under certain conditions, the temporary reintroduction of controls at internal borders.

Germany justifies the renewed extension, among other things, with persistently high levels of irregular migration, human trafficking, and strain on the asylum system. Furthermore, Germany points to the impact of the international security situation.

The European Commission now officially lists the German extension for the period from 16 September 2026 to 15 March 2027.

What do border controls mean for foreigners with a German residence permit?

Anyone who possesses a valid passport and a valid German residence permit should generally not encounter any particular difficulties regarding their residency status as a result of the checks.

More interesting are situations in which the right of residence is not immediately apparent from a valid electronic residence permit.

This particularly affects individuals whose applications are currently being processed.

In Germany, under certain conditions, a residence permit can continue by law even though the previous residence permit has expired. The legal fictions of Section 81 of the Residence Act (AufenthG) can be particularly decisive in this regard.

In practice, however, a significant problem arises: A legally existing right of residence and its simple proof to a border authority are two different things.

Why are fictitious cases particularly problematic at border controls?

People whose stay is permitted due to a legal fiction, but who do not possess a corresponding certificate of fiction, should be particularly careful.

In legal practice, this is one of the most relevant categories of cases for travel within Europe.

A typical example is nationals of the USA, Great Britain, or Australia. They can generally enter the Schengen Area visa-free for a short stay. Under certain conditions, they can then apply for a residence permit in Germany.

If the original visa-free stay period has already been exhausted and a residence permit procedure is subsequently underway in Germany, the legal situation when traveling to another Schengen state can be considerably more complicated than during the original 90 days.

This becomes particularly relevant if, for example, a US or British worker wants to travel to France, the Netherlands, Poland or another Schengen state for professional reasons.

The fact that the person in question is legally residing in Germany due to a pending application does not automatically mean that they can move around in other Schengen states or subsequently re-enter Germany without the same problems.

Is a certificate of fictitious residence sufficient for travel?

Here, too, the specific nature of the legal fiction is crucial. Not every certificate of legal fiction grants the same rights.

In particular, a distinction must be made between the different scenarios under Section 81 of the Residence Act. Whether travel abroad is possible and re-entry into Germany is feasible should therefore be checked before the trip based on the specific residence status.

Even more problematic are cases in which the legal fiction may have taken effect by operation of law, but the person concerned does not possess a certificate of fictitious status at all.

This can lead to considerable practical difficulties, especially during actual border checks.

Are trips within the Schengen Area generally risky now?

No. For the vast majority of travelers, the extended German border controls will change little.

The practical significance focuses on atypical residence situations.

In our view, people with pending residence permit applications, expired residence permits, fictitious certificates or only a legal fiction effect should be particularly careful.

Anyone in such a situation should not assume that there are no border controls within the Schengen Area anyway.

This assumption is becoming increasingly risky in light of the now permanent German internal border controls.