BAMF - Bundesamt für Migration und Flüchtlinge - Bans on entry and residence

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Bans on entry and residence

A statutory ban on entry and residence – the "re-entry ban" – comes into force for asylum-seekers who do not leave the country voluntarily after their asylum applications have been turned down. The job of the Federal Office here is to set a time limit on bans on entry and residence for rejected asylum applicants. The individual circumstances (genuine interests) are taken into account here. The immigration authorities are responsible for implementing bans on entry and residence.

The time-limit, which starts on return, may not be longer than five years. The period can however be extended for up to ten years if the individual has been expelled because of a criminal conviction, or if they constitute a serious danger to public security and order.

Nationals of safe countries of origin and follow-up applications

A special feature applies to nationals from "safe countries of origin". If their asylum applications are turned down, the Federal Office additionally orders a ban on entry and residence and decides on its duration. It also becomes effective if the individual leaves the country voluntarily. When a ban on entry and residence is first ordered, the period is not to be longer than one year.

The same applies to cases in which a second or follow-up application has repeatedly not led to the implementation of further asylum proceedings. The period is not to be longer than three years in such cases.

The consequences of a ban on entry and residence

If a ban on entry and residence starts to apply to an individual, this is entered in the INPOL national police information system and in the Central Register of Foreigners for the individual in question. When individuals are checked on entry, entry can be refused. Persons who are found to be illegally resident in Germany can even be detained. As a matter of principle, the ban on entry and residence does not apply only to Germany, but to the entire Schengen area, so that it is also entered in the Schengen Information System (SIS). This means that individuals can be prevented from entering the Schengen area. No entry is made in individuals’ passports.

Bans on entry and residence for delayed voluntary exits

Bans on entry and residence can also be ordered if an individual has considerably overstayed the deadline that was set for them to leave the country voluntarily and is answerable for this delay. The immigration authorities are responsible for such cases.

Shortening of the period or revocation of the ban on entry and residence

A ban on entry and residence can be revoked in certain cases, or the period can be shortened. To this end, the immigration authority needs to examine in individual cases whether the order is still necessary, and in doing so takes into account whether circumstances genuinely apply.

Hervorhebung_Gesetzgebung: Background information

The Act Redefining the Right to Remain and Termination of Residence (Gesetz zur Neubestimmung des Bleiberechts und der Aufenthaltsbeendigung), which came into force on 1 August 2015, additionally tasked the Federal Office with setting a time-limit for asylum-seekers whose ban on entry has become effective and ordering a ban on entry and residence for applicants from safe countries of origin and setting a time limit on its validity in case of repeat follow-up applications.

Gesetz zur Neubestimmung des Bleiberechts und der Aufenthaltsbeendigung

Hervorhebung_Gesetzgebung: The legal basis

The ban on entry and residence is regulated in section 11 of the Residence Act (Aufenthaltsgesetz – AufenthG). Section 75 No. 12 of the Act tasks the Federal Office with setting a time limit on a ban on entry and residence in accordance with section 11 subs. 2 in the case of a notice of intention to deport in accordance with sections 34 and 35 of the Asylum Procedure Act (AsylVfG) or a deportation order in accordance with section 34a of the Asylum Procedure Act as well as the ordering and time-limiting of a ban on entry and residence in accordance with section 11 subs. 7 of the Residence Act.

Residence Act (AufenthG)
Asylum Act (Asylgesetz)

Date 1 October 2016

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