1. What is illegal entry?

Not every entry into Germany is automatically permitted. For example, anyone entering without a valid passport or residence permit violates the entry regulations. This constitutes unauthorized entry under Section 14 of the Residence Act . It's particularly important to note that even if someone comes from another Schengen country, Germany still has its own rules. Therefore, anyone who doesn't have a recognized passport or doesn't carry one with them is generally considered to have "entered the country illegally."

Unauthorized entry can have serious consequences – from rejection at the border (see Section 15 of the Residence Act ) to an entry in the Central Register of Foreigners. This also applies to people whose travel documents are valid but not recognized in Germany. Therefore, it is important to inform yourself about the current requirements before entering the country. This article describes the requirements for crossing the border, i.e., the prerequisites for legal entry.

2. Border crossing requirements and border controls

2.1 Border controls for EU citizens

Illegal entry occurs when the entry requirements are not met when crossing the border . Schengen law regulates the implementation of border controls at the EU's external borders with strict respect for human dignity and the prohibition of discrimination ( Article 7 of the Schengen Borders Code ). Border guards must always act proportionately in their activities, particularly when dealing with vulnerable persons. It is expressly prohibited to discriminate against persons on the basis of their origin, religion, sexual orientation or other personal characteristics. EU citizens entitled to free movement of persons are subject only to minimum checks, which are limited to a simple identity check. Further searches of national and European databases may only be carried out in justified cases.

2.2 Border controls for third-country nationals

Third-country nationals are subject to significantly more comprehensive checks upon entry and exit. These checks not only check the validity of their travel documents, but also ensure they have the necessary visas, sufficient financial means, and a legitimate purpose for their stay . Border officials are also required to consult the Schengen Information System (SIS) and other databases and to stamp travel documents ( Article 11 of the Schengen Borders Code ). In exceptional cases, such as periods of high traffic volume, checks may be temporarily relaxed. However, even then, security must be maintained and travel must be handled as efficiently as possible. Standardized signage and separate control lanes ensure clear border control depending on the traveler's origin status.