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.

In special cases, it is possible to have an entry ban to Germany lifted. This applies in particular if there are family ties in Germany or the protection of marriage and family is affected. An authority must take family relationships and the best interests of the child into account when making its decision before upholding a long-term ban.

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.

The decisive criteria include the interests of the foreigner that are worthy of protection. These may exist, for example, if the foreigner is married to a German citizen or has children living in Germany. In such cases, the argument of protection of marriage and family can be decisive in order to apply for the entry ban to be lifted. The authorities must weigh up whether further separation of the family is compatible with the Basic Law.

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

Many of those affected ask themselves how re-entry is legally possible after deportation. The return usually depends on the time limit of the entry ban and the asserted interests worthy of protection. If the foreigner has started a German family or married, re-entry after deportation may be a permissible reason to lift or shorten the ban.

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

However, the entry ban can be shortened or cancelled by the subsequent application for a time limit. After the entry ban has been lifted or cancelled, re-entry into the federal territory is possible again. Re-entry after deportation often requires careful legal justification. An application to lift the entry ban to Germany must clearly explain why a return is in line with the protection of marriage and family. If the marriage was entered into in Germany or there are children together, the chances of a favourable decision increase considerably. For an intended long-term stay, however, there must be an entitlement to a residence permit (e.g. spouse 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).

Anyone seeking to lift an entry ban to protect their marriage and family should seek legal assistance. Lawyers specialising in immigration law check whether interests worthy of protection such as marriage, children or other family ties are sufficiently documented. These factors are often decisive for a successful re-entry after deportation or a cancellation of the bar on re-entry after deportation marriage.

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.

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