Application to Lift Entry Ban

For example, individuals who have been forced to leave Germany due to deportation or expulsion often face the serious consequence of an entry ban. This is governed by the Residence Act and can prevent re-entry not only into Germany but also into the entire Schengen Area. Many affected individuals do not know how long this ban lasts, whether it can be shortened or lifted, and what legal options are available for returning to Germany.

The entry ban places a significant burden on people with family ties, work commitments, or a long history of residence in Germany. However, it is by no means irreversible. In many cases, German immigration law offers concrete options for challenging the ban. For example, those affected can apply to have the entry ban shortened or lifted even before the actual deadline expires.

In this article, Zafer Özkan, a lawyer specializing in immigration law, explains what an entry ban means in legal terms, who is affected by it, how long it can last, and under what conditions a return to Germany is possible. Those affected will also learn how they can significantly improve their chances by seeking legal assistance.

What does an entry ban mean under German residency law?

An entry ban is an administrative measure that prohibits a person from re-entering Germany or the entire Schengen Area. The legal basis for this is Section 11 of the Residence Act (AufenthG). Individuals subject to such a ban are not permitted to legally enter Germany or reside in Germany and will not be granted a residence permit for a specified period.

An entry ban is generally imposed following an expulsion, deportation, or refusal of entry. Illegal entry or a rejected asylum application can also result in such a measure. It thus constitutes a legal barrier intended to prevent individuals who have violated residency laws from re-entering the country.

Purpose of the entry ban

It serves to protect public safety and order and to prevent abuse of the right of residence. It is intended to ensure that individuals who have been expelled or deported do not return without official authorization. The entry ban is intended to ensure the effective enforcement of deportation, refoulement, or expulsion orders.

At the same time, the entry ban serves as a means of pressuring those required to leave the country to do so voluntarily.

In many cases, the ban applies not only to Germany but also to other EU member states and the entire Schengen Area. This means that an affected person is also prohibited from entering other Schengen countries such as France, Italy, or Spain.

Difference between a German entry ban and a Schengen re-entry ban

In addition to the national entry ban under German law, a so-called Schengen-wide re-entry ban may also be recorded in the Schengen Information System (SIS II). This is typically entered in serious or security-related cases. While the national ban applies only to Germany, the Schengen ban takes effect in all countries of the Schengen Area.

A German entry ban may exist even if there is no Schengen entry in the system. It is therefore important to clarify exactly whether one or both bans are in place and how long they remain in effect.

Who might be subject to an entry ban?

It is not only individuals who have committed serious crimes or exhibited behavior that poses a security risk who may be subject to an entry ban. In fact, this immigration measure affects thousands of people every year, often including those who, from their perspective, have committed only technical errors. This makes it all the more important to be familiar with the typical types of cases in which the relevant authorities impose an entry ban.

Entry ban following deportation

The first category concerns individuals who have been expelled from Germany by official order. Expulsion is carried out in accordance with Sections 53 et seq. of the Residence Act, for example, if someone has committed a criminal offense or is deemed a threat to public safety. In these cases, an entry ban automatically takes effect. Its duration depends on the individual case and may last several years. Even if the person concerned has left the country voluntarily, the ban remains in effect as long as it has not been limited in time or lifted.

Entry ban following deportation

A particularly common basis for an entry ban is deportation. This occurs when a person required to leave the country fails to depart Germany voluntarily despite having an enforceable obligation to do so. In practice, deportation is regularly accompanied by an entry ban. The legislature assumes that someone who was required to leave but did not do so voluntarily should, in principle, have no right to immediate re-entry.

In the case of deportation, the duration of the entry ban may be up to five years. In particularly serious cases, longer periods are also possible. The entry ban begins on the date of actual departure or deportation. A return to Germany is only possible after this period has expired or with prior official approval.

Entry ban following refusal of entry

Being turned away at the border can also result in an entry ban. This applies in particular to individuals who arrive at the border without a valid visa or other residence permit. In such cases, the Federal Police may deny entry. If an existing entry ban is identified or if the entry requirements are not met, immediate refusal of entry will occur. Subsequently, the competent authority may impose an entry ban. This often affects people who have repeatedly attempted to enter German territory without the necessary documents.

Entry ban following an illegal stay

Another common scenario involves staying in the country without a valid residence permit. If someone remains in Germany without a visa or after their residence permit has expired, they risk being found to have entered the country unlawfully or to be residing here illegally. In such cases, the Foreigners’ Registration Office may impose an entry ban in addition to measures terminating residence. This is particularly relevant for people who have overstayed their visa or have not left the country voluntarily after their asylum application was rejected. The law considers this a violation of residence law, which is typically punished with a ban on future residence permits.

Entry ban following deportation under the Dublin Regulation

Entry bans may also be imposed under the European asylum system. One example is the transfer of an asylum seeker to the so-called Dublin state, which is responsible for processing the case. If a person is transferred, for example, from Germany to Italy or Greece because they filed their first asylum application there, an entry ban against Germany may also be imposed in such cases. This applies in particular to cases where the person concerned has previously stayed in Germany without authorization or did not comply with the transfer voluntarily.

Entry ban despite voluntary departure?

Many affected individuals are surprised to learn that an entry ban may still apply even in cases of voluntary departure. However, the law does not distinguish between voluntary and forced departure. The decisive factor is whether an administrative act terminating residence, such as a threat of deportation or an expulsion order, has been issued. Therefore, anyone who has previously received an expulsion order, even if they left voluntarily, may still be subject to an entry ban. The authorities review each case individually to determine whether a time limit has been set or whether the ban remains in effect.

Special considerations when reapplying for a visa

People who wish to reapply for a visa from abroad are particularly at risk, even if they were previously expelled, deported, or ordered to leave the country. Even those who believe they have acted correctly may be surprised if their visa application is denied or they are refused entry. Therefore, it is advisable for anyone who has had to leave Germany to check, before re-entering, whether a ban is in place and whether it has already expired or can be lifted. Often, a specific application can result in a time limit being imposed or the ban being lifted.

How long can an entry ban last?

Many affected individuals wonder how long an entry ban remains in effect and when they will be allowed to enter the country legally again. The answer is based on Section 11(4), (5), (5a), and (5b) of the Residence Act (AufenthG). These provisions govern the legal consequences of deportation, refusal of entry, or expulsion, as well as the maximum duration. The law distinguishes between the general effect of the ban and its time limit set by the authorities. The actual duration depends on the individual case and may be influenced by an application.

Legal basis for duration and fixed-term contracts

Under Section 11(1) of the Residence Act (AufenthG), individuals who have been deported, expelled, or refused entry may not re-enter Germany and are not eligible for a residence permit. This barring effect takes effect by operation of law. However, it is not permanent; rather, pursuant to Section 11(2), sentence 1 of the Residence Act (AufenthG), it must be limited in time by the competent authority. This means that the Foreigners’ Registration Office must specify a specific period during which re-entry is prohibited. Setting a time limit is mandatory. There is a legal right to have the entry ban set for a limited period. An indefinite or permanent entry ban is generally not possible or conceivable only in very serious individual cases.

The duration depends on the severity of the individual case

The length of an entry ban in a specific case depends largely on the circumstances that led to the expulsion or deportation. The more serious the violation of residence regulations was, or the greater the threat to public safety and order, the longer the ban may be imposed.

As a general rule, the duration of the entry ban shall not exceed five years (Section 11(3), second sentence, of the Residence Act). Exceptions to this rule are set forth in paragraphs 5, 5a, and 5b.

• For minor violations, such as an expired visa or a delay in voluntary departure, the ban is often limited to one to two years. If, on the other hand, deportation was carried out because the person failed to comply with their obligation to leave the country, the authorities generally set the ban period at three to five years.
• In serious cases, such as deportation for criminal offenses or when the person poses a serious threat to public safety and order, the period may be extended to up to ten years pursuant to § 11(5) of the Residence Act.
• In particularly serious cases—for example, where a foreign national has been expelled for a crime against peace, a war crime, or a crime against humanity, or to avert a threat to the security of the Federal Republic of Germany—the entry ban shall be 20 years (Section 11(5a) of the Residence Act). In this case, this is not a maximum period, but the standard period to be set. A reduction of the entry ban is generally precluded by law. If a supreme state authority has reviewed the case, a reduction of the period may be decided in individual cases (Section 11(5a), sentence 4, of the Residence Act).
• In exceptional cases where a foreign national has been deported pursuant to § 58a of the Residence Act (AufenthG) following a review by a supreme state authority to avert a specific threat to the security of the Federal Republic of Germany or a terrorist threat, an indefinite entry ban may be imposed in individual cases pursuant to § 11( 5b, sentence 1, of the Residence Act, an indefinite entry ban may be imposed on a case-by-case basis. The same applies if a foreign national has been expelled for a crime against peace, a war crime, or a crime against humanity, or if he or she poses a threat to the security of the Federal Republic of Germany or a terrorist threat.

In addition, a permanent entry ban may be imposed if the foreign national has been expelled on the grounds of a reason for expulsion specified in § 54(1)(1), (2), or (2a) of the Residence Act. This applies to the following cases:

• Section 54(1)(1) of the Residence Act: a criminal conviction and an order for preventive detention or placement in a psychiatric hospital pursuant to Section 63 of the Criminal Code
• Section 54(1)(2) of the Residence Act: Threat to the free democratic basic order or to the security of the Federal Republic of Germany (e.g., if the foreign national is or has been a member of a terrorist organization)
• Section 54(1)(2a) of the Residence Act: Threat to the security of the Federal Republic of Germany (e.g., if the foreign national is or has been a member of an association within the meaning of Section 129 of the Criminal Code)

In these cases as well, the waiting period may be shortened only if a state authority of the highest level has made a decision to that effect (Section 11(5b), third sentence, of the Residence Act).

The time limit is established by an administrative act

The competent immigration authority generally sets a time limit on the entry ban in connection with expulsion or deportation by means of a written notice. The period generally begins with the actual departure from the territory of the Federal Republic of Germany. If the person concerned does not leave the country voluntarily but is forcibly deported, the period begins on the date of deportation. Anyone who does not leave the country but goes into hiding within the country or evades the authorities may thereby delay or even prevent the start of the period. It is therefore crucial that there is verifiable proof that the departure has taken place.

Expiration of the entry ban and consequences

Once the period specified in the decision has expired, the entry ban automatically ends. From that point on, legal entry is generally possible again, provided that the other requirements are met. However, the relevant data often remains stored in the Central Register of Foreigners or the Schengen Information System.

This can still result in visa applications or entry attempts being denied. It is therefore advisable to submit a request for the deletion of the stored data once the restriction period has expired, in order to avoid future problems. The mere expiration of the period does not automatically mean that all entries have been deleted. Even if the entry ban is no longer legally effective, the stored data can remain an obstacle in practice.

The duration of an entry ban is determined on a case-by-case basis, depending on the severity of the offense or the individual risk posed

The duration of an entry ban under Section 11 of the Residence Act is not set at a fixed term but depends on the specific circumstances of each case. The authorities are legally required to set a time limit. Those affected should seek legal advice at an early stage to determine whether an application to shorten or lift the ban has a reasonable chance of success. Especially in cases involving family ties, job offers, or long-term legal residence prior to deportation, there are often strong arguments for an early return. In such cases, legal advice from a law firm specializing in immigration law is particularly important and essential to ensure a reasonable chance of success.

Can an entry ban be lifted or shortened?

Individuals subject to a temporary entry ban do not necessarily have to wait years before returning to Germany. The Residence Act provides various options for limiting the duration of the ban or, under certain conditions, even lifting it entirely. The legal basis for this is Section 11(4) of the Residence Act.

The most important option is to file an application to shorten the period or lift the entry ban pursuant to Section 11(4), first sentence, of the Residence Act. Whether such an application has a chance of success depends largely on the individual circumstances of the case, both with regard to the reason for the entry ban and the reason for the intended reduction of the period or lifting of the ban.

Although an entry ban is often temporary, this does not mean that it remains unchallengeable for its entire duration. Rather, the law provides that the ban may be shortened retroactively or even lifted entirely if there is a legitimate interest in doing so.

Reasons for shortening or lifting the entry ban

Applications to shorten the entry ban are particularly common when doing so serves the foreign national’s legitimate interests, for example, for family reasons that justify a return to Germany. This may be the case, for instance, if the person in question wishes to live with a German spouse or a minor child. Career prospects, a job offer, or a specific apprenticeship opportunity may also constitute a legitimate interest or interests worthy of protection. In humanitarian cases, such as medically necessary treatment in Germany, a waiver may also be considered.

The entry ban may also be lifted or shortened if the requirements for a residence permit under Sections 22 through 26 of the Residence Act (AufenthG) are met. These are residence permits issued on grounds of international law, humanitarian considerations, or political reasons. In addition, there may be cases in which the purpose of the entry ban no longer applies.

The competent immigration authority is required to conduct a comprehensive balancing of interests when making its decision. In doing so, it must take into account not only matters related to residence law but also fundamental rights, such as the right to family and private life. When exercising its discretion, the authority may also consider factors such as whether the foreign national voluntarily complied with the obligation to leave the country or was prevented from doing so through no fault of their own.

Application to Lift or Shorten the Entry Ban

In principle, such a request can be made informally. However, to increase the chances of success, it is advisable to provide a detailed explanation for the request and to support it with relevant documentation. As a rule, the Foreigners’ Registration Office that issued the administrative decision terminating the residence permit is responsible. In some cases, the Federal Police or the Federal Office for Migration and Refugees may also be responsible, for example, if the return took place as part of the asylum procedure.

In your application, you should first provide your personal information and the reference number for the entry ban, if known. The key factor is a convincing presentation of the reasons supporting a return to Germany. These include family ties, evidence of integration, a concrete job offer, good German language skills, or a clean record since departure. It is helpful to attach relevant documents. These may include, for example, marriage certificates, birth certificates of children you have together, employment contracts, letters of invitation, or proof of language courses.

The processing time varies depending on the agency, its workload, and the complexity of the case. In practice, you should expect it to take several weeks or even months. To expedite the process and avoid procedural errors, it is advisable to consult a specialized attorney. A lawyer can draft a legally sound justification for the application and ensure that all relevant aspects are taken into account. A lawyer can also request access to the case file, handle correspondence with the agency, and appeal the decision if the application is denied.

Why it can make sense to file an application even before the waiting period expires

Many affected individuals wait until the originally set period of the entry ban has expired. While this may be justified in certain cases, it is not always necessary. The Residence Act expressly permits early application for a reduction in the duration of the ban if there are valid reasons. This also applies if the ban was originally set for several years. Such an application is often successful, particularly in cases of family hardship or when there are professional prospects in Germany. Those who remain inactive risk unnecessarily delaying a potential return.

It should also be noted that while setting a deadline legally terminates the entry ban, the underlying information may still remain stored. Submitting an active application can therefore not only shorten the duration of the ban but also lead to the correction or deletion of entries in the Central Register of Foreigners or in the European Information System SIS II.

Application is the key to returning

An entry ban is not an insurmountable obstacle to returning to Germany. Under certain conditions, it can be lifted or shortened. The key is to submit a well-reasoned application that clearly outlines your personal interests and is supported by relevant evidence. Seeking professional assistance significantly increases your chances of success. In many cases, this allows for a legal return much sooner than originally anticipated.

When are the chances of success particularly good for an application to lift or shorten an entry ban?

An application to lift or shorten an entry ban may have a good chance of success under certain conditions. Although the decision is at the discretion of the immigration authorities, this discretion is legally bound and may not be exercised arbitrarily. This means that the authority must consider all relevant circumstances of the individual case and weigh them appropriately when making its decision. Those who have well-founded reasons and can substantiate them with valid evidence often have a good chance of being allowed to re-enter Germany legally.

Family ties are a very good reason for re-entry

The chances of success are particularly good if the person in question has close family ties in Germany. These include, for example, a German spouse, minor children with German passports, or parents in need of care. The Federal Constitutional Court and the European Court of Human Rights have repeatedly emphasized that family relationships are protected by the Basic Law and by international conventions.

In such cases, an entry ban must not be maintained across the board. As part of the proportionality test, the authorities must also give due consideration to the interest in family life. Anyone who can credibly demonstrate that they wish to actively participate in their family’s life in Germany may therefore have a good chance of having the ban shortened or lifted.

Other factors may include a job offer, vocational training, and integration services.

Career prospects or training opportunities in Germany can also be a deciding factor. If there is a concrete job offer or a training contract, this serves as strong evidence to the authorities that the re-entry is for valid reasons.

The same applies to individuals who were already successfully working or studying in Germany prior to their departure. A law-abiding lifestyle, completion of integration courses, good German language skills, or positive social ties to German society may also be viewed favorably. All these factors demonstrate that the person in question poses no threat to public order and is willing to abide by the law on a permanent basis.

Seeking legal assistance early on increases the chances of success.

Anyone wishing to apply for the lifting or reduction of an entry ban should not rely on a standard application form. A personalized and legally sound statement of grounds is crucial to success. In this case, it is advisable to seek the assistance of a lawyer specializing in immigration law. Attorney Zafer Özkan has extensive experience in the field of German and European residency law and assists clients in assessing the likelihood of success and drafting tailored applications. Thanks to his many years of practice, he is familiar with the requirements of the immigration authorities as well as the specific circumstances under which they are willing to lift or shorten the ban.

He works with his clients to develop a tailored strategy, reviews relevant evidence, prepares solid arguments, and handles all correspondence with the authorities. Even if an application is denied, he supports his clients through the appeals process or in filing a lawsuit with the administrative court. Involving a specialized attorney early on can not only save time but, in many cases, also be the deciding factor in securing a favorable outcome.

Conclusion

• What is an entry ban and when is it imposed: An entry ban is an administrative measure under Section 11 of the Residence Act (AufenthG) that prohibits a person from entering Germany (or the Schengen Area) for a specified period of time. It is generally imposed following deportation, expulsion, refusal of entry, or in cases of illegal residence.
• An entry ban may still apply even in cases of voluntary departure: Even if an affected person has left the country voluntarily, the entry ban may remain in effect, particularly if an administrative decision terminating their residence had previously been issued. Many people are unaware that the ban may apply regardless of the manner of departure.
• The duration of the entry ban depends on the individual case: in straightforward cases, it often lasts one to two years. In cases involving deportation, a ban of up to five years is common. In serious cases, such as criminal offenses or threats to security, ten or even twenty years are possible. In extreme individual cases, an indefinite ban is also permissible.
• It is possible to request a reduction or waiver of the waiting period: Those affected do not have to simply wait for the waiting period to expire. A request for a reduction or complete waiver can be submitted even before the period expires. This is possible, for example, for family reasons, job or training opportunities, or humanitarian emergencies.
• The application must be well-founded: A formal application should always be carefully prepared and supported by documentation. This includes, for example, marriage or birth certificates, employment contracts, language certificates, or letters of invitation. The chances of success increase with a personalized and legally sound justification.
• Legal support can significantly improve your chances: An experienced immigration lawyer like Zafer Özkan can play a crucial role in ensuring that an application to lift or shorten an entry ban is successful. He handles the strategic filing of the application, communicates with the authorities, requests access to case files, and supports clients throughout the appeal or litigation process.

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