Bans on entry and residence , Date: 2018.11.28, format: Article, area: Asylum and refugee protection

A statutory ban on entry and residence – the "re-entry ban" – is imposed by the Federal Office on applicants who do not comply with an instruction to leave the country after their asylum applications have been turned down. The Office furthermore decides how long this ban is to last. 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 removal, 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. The time limit is 20 years if crimes against peace, war crimes or crimes against humanity have been committed or if there is a terrorist threat or a threat to the security of the Federal Republic of Germany. The period is 20 years if an individual has committed crimes against peace, war crimes or crimes against humanity, or if they constitute a terrorist threat or there is a threat to the security of the Federal Republic of Germany.

Nationals of safe countries of origin and subsequent 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 subsequent 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 comes into force, 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 apprehended. As a matter of principle, the ban on entry and residence does not apply only to Germany, but in fact 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 therefore needs to be 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 that is time-limited up to ten years may be revoked or shortened in certain cases. 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. A 20-year ban may be neither revoked nor shortened.