Foreigners‘ Law: What can I do if I am unable to travel to Germany due to an entry ban?

Entry and Residence Ban (the so-called „Entry Ban“)

The competent authority issues an entry and residence ban according to § 11 Abs. 1 of the Residence Act (AufenthG) for individuals who have been deported, pushed back, or expelled.

As a result, the foreign national is not permitted to re-enter or stay in the Federal Republic of Germany. Additionally, the foreign national cannot be granted a new residence permit.

The entry and residence ban must be set by the authority ex officio and is to be limited in time, with the period beginning from the actual departure of the foreign national.

The specific duration of the entry ban is at the discretion of the authority. Generally, the entry ban should not exceed 5 years. A longer entry ban may only be imposed in special cases outlined in paragraphs 5, 5a, and 5b (e.g., expulsions due to criminal offenses).

In exercising its discretion, the authority must particularly consider:

• • • The protection of the foreign national’s legitimate interests.
    • Whether the foreign national complied with the departure obligation within the stipulated time.
    • Whether the foreign national was prevented from leaving through no fault of their own.
    • Whether there was a significant overstay of the departure deadline.
    • Whether the foreign national poses a threat to public safety and order.

According to § 11 Abs. 4 AufenthG, there is generally the option to apply for a so-called subsequent limitation request. This allows the entry and residence ban to be shortened or even lifted retroactively.

This is particularly useful if the foreign national can present new legitimate interests that were not available or considered at the time of the original discretion decision by the authority.

Re-entry into the Federal Territory

If the entry ban issued during the deportation is still effective, re-entry is not possible.

However, through the subsequent limitation request, the entry ban can be shortened or lifted. Once the entry ban is lifted or removed, re-entry into the Federal Republic of Germany becomes possible again. For a long-term stay, however, there would need to be a claim to a residence permit (e.g., family reunification).

It is also possible to apply for a so-called entry permit. With an entry permit, the Federal Territory can be entered temporarily despite an effective entry ban. The entry and residence ban is suspended for this period. The entry permit does not constitute a residence title and does not exempt from any applicable visa requirements.

The entry permit is generally to be granted if compelling reasons necessitate the foreign national’s presence in the Federal Territory (e.g., a funeral, court dates, wedding). The discretion of the foreigners‘ authority is limited to deciding whether and how the entry permit should be granted with conditions (see OVG Bremen, decision of 18.03.2010 – 1 B 45/10).

Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.

If you need legal advice, please feel free to call us at 0221 - 80187670 or send us an email at or send an email to info@mth-partner.de info@mth-partner.de

Lawyers in Cologne advise and represent clients nationwide in immigration law.