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Schengen law on border controls
All information on entry requirements in Germany and Schengen border controls.
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About this Page
when the German border may be crossed by land or air
Entry requirements under Schengen law
when illegal entry occurs
what a rejection and entry ban is
Table of Contents
1. What is illegal entry?
2. Border crossing requirements and border controls
2.1 Border controls for EU citizens
2.2 Border controls for third-country nationals
3. Rejection and deportation
3.1 Rejection at the border
3.2 Pushing back behind the border
4. Entry ban border crossing
5. FAQ Entry and border controls
6. Conclusion Border controls
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 unlawful entry under Section 14 of the Residence Act . It's particularly important to note that even if someone comes from another Schengen country, their own rules still apply in Germany. Therefore, anyone without a recognized passport or without one is generally considered to have entered the country unlawfully.
Illegal 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 Foreign Nationals. 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 conduct 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 include not only the validity of their travel documents, but also whether 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 peak traffic volumes, controls may be temporarily relaxed. Nevertheless, even then, security must be maintained and travel handled as efficiently as possible. Uniform signage and separate control lanes ensure clear border crossings depending on the traveler's origin status.
3. Rejection and deportation
3.1 Rejection at the border
Anyone attempting to enter Germany without the required documents or permits must expect to be turned back at the border. The Residence Act ( Section 15 of the Residence Act ) stipulates that foreign nationals will be turned back if they attempt to enter the country illegally or fail to meet certain entry requirements – for example, if they have a false visa (e.g., a Schengen visa despite intending to work ). Entry may also be refused if there is reasonable suspicion that the stated purpose of stay is incorrect. The border authorities, usually the Federal Police, are responsible for the rejection.
The expulsion is usually carried out to the country from which the foreigner attempted to enter – or to another state that is willing to accept it or is obligated under international law. If expulsion is decided upon, detention pending expulsion can also be ordered to ensure the measure is enforced. The measure must be communicated transparently to the person concerned – including the country of destination. Special rules apply, particularly for airport transit , for example, regarding accommodation until departure or court orders after a maximum of 30 days' stay.
3.2 Pushing back behind the border
A distinction must be made between rejection at the border pursuant to Section 15 of the Residence Act and deportation beyond the border pursuant to Section 57 of the Residence Act . This so-called deportation applies to foreign nationals who illegally enter Germany across an external border of the EU. If such a foreign national is apprehended by the authorities, they should generally be returned to the responsible state – either to an EU member state, Norway, or Switzerland, if appropriate readmission agreements exist. Deportation may also occur if a person is found in a border area immediately after entry, especially if there are indications.
4. Entry ban border crossing
In certain cases, an entry ban may be imposed for unauthorized border crossing. An entry and residence ban is imposed under Section 11 of the Residence Act against foreign nationals who, for example, have been expelled, deported, or caught entering the country with forged documents . This ban not only prohibits re-entry into Germany but generally also applies to the entire Schengen area. Even if there is a legal right to a residence permit, it may not be issued during the ban period. The duration of the ban depends on the individual case but may generally not exceed five years.
Despite the strict regulations, the law also provides for exceptions: Under certain circumstances – for example, if there are personal interests worthy of protection or the purpose of the ban no longer applies – the period can be shortened or the residence ban lifted. The key factor in this regard is whether the foreigner has complied with their obligation to leave the country within the specified timeframe. In cases of particular hardship, such as family emergencies, a short-term re-entry before the ban expires may also be permitted. However, anyone who re-enters the country despite an existing entry ban risks an extension of the ban. Therefore, it is advisable to seek legal advice early on to avoid potential legal consequences and assess the chances of an early revocation.
5. FAQ Entry and border controls
When is entry into Germany illegal?
Entry into Germany without a valid passport, visa, or residence permit is considered illegal. Even if you are entering from a Schengen country, you must meet the German entry requirements.
What are the requirements for legally crossing the border?
For legal entry, you must be able to present valid travel documents. Third-country nationals also require a visa, sufficient financial resources, and a verifiable purpose of stay. EU citizens are subject to only minimal checks.
What is checked at border control?
For third-country nationals, the following points are examined, among others:
Passport validity
Availability of a visa (if required)
Purpose of travel
Willingness to return and financial means
Data comparisons with the Schengen Information System (SIS) are also planned.
What is the difference between rejection and deportation?
Rejection occurs directly at the border if the entry requirements are not met (Section 15 of the Residence Act). Removal applies to persons who have already entered the country illegally and are apprehended within the country (Section 57 of the Residence Act).
What happens if I am rejected?
As a rule, you will be returned to the country from which you entered. The Federal Police will decide on the measure. In certain cases, detention pending deportation may also be ordered.
When is an entry ban imposed?
An entry ban is usually imposed following deportation, expulsion, or in cases of serious violations such as forgery (Section 11 of the Residence Act). It generally applies to all Schengen states and can last up to five years.
Can an entry ban be lifted?
Yes, under certain circumstances, early revocation or reduction of the ban is possible—e.g., in cases of family hardship, timely departure, or if the original reason for the ban no longer applies. A legal application is required.
6. Conclusion Border controls
Entry into Germany is subject to clear legal requirements – for both EU citizens and third-country nationals. Those who fail to comply with these rules risk serious consequences such as rejection, deportation, or even a ban on entry to the entire Schengen area. Compliance with the entry requirements is always crucial: valid travel documents , a verifiable purpose of stay, and – for third-country nationals – a valid visa and sufficient financial resources . Border officials are obligated to conduct checks proportionately, legally, and non-discriminatorily. Nevertheless, practice shows that an incorrect visa, contradictory information, or missing documents can lead to denial of entry.
List of Sources (Paywall)
[1] Marx, Residence, Asylum and Refugee Law, 8th edition 2023
[2] bpb.de, “Border controls when entering Germany”, 25.09.2024
[3] Visa Handbook, Conditions and Instructions on the Visa Label, 71st Supplement; Status: 02/2020