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Security check for foreigners
Lawyer explains all information about security checks for foreigners applying for a residence permit.
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About this Page
what a security check for foreigners is
what types of security checks there are
in which cases a security check takes place
Your options if the security check result is negative
Table of Contents
1. Security checks of foreigners
2. Security check in the visa process
3. Security check by the immigration authorities
4. Rights of those affected
5. FAQ
6. Conclusion Security check residence permit and visa
1. Security checks of foreigners
According to Section 5 (4) of the Residence Act, a residence permit must be refused if there is an interest in expulsion . Such an interest in expulsion exists in particular if the foreigner endangers the free democratic basic order or the security of the Federal Republic of Germany . This is to be assumed if facts justify the conclusion that the foreigner belongs to or has belonged to an organization that supports terrorism or if the foreigner participates in acts of violence in the pursuit of political or religious aims or publicly calls for the use of violence or threatens to use violence ( Section 54 (1) No. 2, No. 4 of the Residence Act ).
Whether such a security threat exists is examined by the embassies and immigration authorities in an internal consultation process (so-called security clearance ). For this purpose, the immigration authorities submit appropriate inquiries to the relevant authorities ( Section 73 of the Residence Act ). Which authority is responsible for the inquiry depends on whether the foreigner is currently in the visa process or is already in Germany. In the visa process, the embassies involve not only the national security authorities but, in certain cases, also the other Schengen states.
2. Security check in the visa process
In the visa process, the security check is initially governed by the VIS Regulation . According to Article 21 of the VIS Regulation , when issuing a Schengen visa, Member States must verify whether the applicant meets the entry requirements, whether they pose a risk of illegal immigration, and whether they pose a threat to the security of the Member States. The Schengen-wide Visa Information System ( VIS ) is automatically consulted for each application. The VIS stores the personal data, issued visas, and photos and fingerprints of visa applicants.
The VIS query must be distinguished from the so-called consultation procedure ( Article 22 of the Convention ). For certain applicants, a consultation with central authorities in the Member States must be conducted before a Schengen visa is issued. This Schengen-wide consultation requirement applies to visas for short stays of up to 90 days within six months (except airport transit visas). Unlike the VIS query, the consultation procedure is not automated, but only applies in specific cases . The consultation procedure is used in particular for applications from certain high-risk countries, e.g., applicants from Iran, Iraq, or Afghanistan.
Finally, a security check is conducted in the form of a query with the national authorities. In order to prevent persons subject to visa requirements who may pose a threat to public security from entering the Schengen area, a check is carried out before a visa is issued to determine whether there is a refusal of entry or any national security-relevant circumstances . This is done through automated queries of the Central Register of Foreign Nationals (AZR), Inpol (search file), and the Schengen Information System (SIS) at the Federal Office of Administration (BVA) in Cologne.
3. Security check by the immigration authorities
A security check is also possible if the immigration authorities wish to issue or extend a residence permit (i.e., after a visa has been issued). Before issuing or extending a residence permit, a temporary suspension of deportation, or a residence permit, the immigration authorities may , via the Federal Office of Administration, pass on the personal data they hold to various security authorities . These security authorities include the Federal Intelligence Service (BND), the Federal Office for the Protection of the Constitution (BfV), the Military Counterintelligence Service (MAD), the Federal Criminal Police Office (BKA), the Federal Police, the Customs Investigation Office, the state offices for the protection of the Constitution, the state criminal police offices, and other competent police authorities.
The Federal Criminal Police Office (BKA) maintains special central and official files , which other authorities, such as state criminal police offices, have no access to. These databases also contain information about possible terrorist activities by foreign nationals. When reviewing visa applications, the BKA compares the applicant's data, which is transmitted pursuant to Section 73 (1) of the Residence Act , with the following files:
Police information system (Inpol-Z),
Schengen Information System (SIS),
Protected Border Investigation Stock (GGFB)
File identification number (BAN) of the Federal Police
INPOL case files from the field of combating politically motivated crime as well as serious and organized crime (BT-Drucks. 16/9547, p. 3)
4. Rights of those affected
If a residence permit is denied due to security concerns, this does not mean that those affected are without protection. If an application for a residence permit is rejected on the grounds that there is a threat to public safety, those affected can file a lawsuit with an administrative court . During this legal process, it is usually possible to inspect the administrative file. This will then reveal the specific security violation that led to the denial. In many cases, this judicial review reveals that the security concerns are unfounded or insufficiently substantiated. The result: The residence permit may still be granted after the appeal.
Even outside of legal proceedings, those affected can defend themselves against unclear or incorrect safety assessments. An important measure in this regard is reviewing entries in official databases:
Central Register of Foreigners (AZR): Any person concerned can request access to their data stored in the AZR via the Federal Office of Administration ( Section 34 AZRG ).
Schengen Information System (SIS): The Federal Criminal Police Office (BKA) can check whether there is an entry in the Schengen Information System (SIS) ( Section 57 BDSG ).
These queries are particularly important, as incorrect or outdated entries in these systems can have significant implications for the issuance or extension of residence permits. Our lawyers specializing in immigration law are happy to assist you – whether in enforcing your right to information, correcting data, or representing you in legal proceedings against the denial of a residence permit. We will examine for you whether security concerns actually exist – or whether you have been wrongfully denied a residence permit.
5. FAQ
What is a security check for residence permits and visas?
The security clearance serves to avert threats to public order and security. It examines whether there is an interest in deporting the person in accordance with Section 5 (4) of the Residence Act – for example, due to extremist activity or terrorist support.
When does a security check take place?
A security check is carried out by the immigration authorities both during the visa process and when issuing or extending a residence permit. Various national and international databases (e.g., AZR, SIS, INPOL) are automatically consulted.
Which databases are queried during the security check?
The systems queried include the Schengen Information System (SIS), the Central Register of Foreigners (AZR), INPOL-Z, GGFB and the case files of the Federal Criminal Police Office.
6. Conclusion
Security screening is a key tool of the German migration administration for identifying and preventing potential threats to public security at an early stage. It is carried out by the immigration authorities both during the visa process and when issuing or extending a residence permit. Personal data is compared with national and international databases, and in certain cases, Schengen-wide consultations are also conducted.
Although security clearance is a legitimate means of averting threats, it also poses significant challenges under the rule of law. For example, incorrect or insufficiently documented entries in official databases can lead to unjustified rejections. It is therefore crucial that those affected are aware of and exercise their rights – whether through access to files, requests for information, or legal redress. Access to legal assistance from specialized lawyers is an important guarantee for a fair and individualized review in these cases.
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List of Sources (Paywall)
[1] Regarding the issue of visas despite a SIS alert, see OVG Berlin-Brandenburg, judgment of 13 March 2020, Ref. OVG 3 L 163.19
[2] Visa Handbook, Visa Information System (VIS), 74th Supplement; Status: 03/2022
[5] migrationsrecht.net , online commentary on the Residence Act (AufenthG)