What is an entry and residence ban under Section 11 AufenthG?
A ban on entry and residence under Section 11 AufenthG can have far-reaching consequences for you. If you are subject to expulsion or deportation, you are generally prohibited from returning to Germany. This regulation ensures that people who have violated the Residence Act are not allowed to re-enter the country for a set period of time.
Legal basis and definition
The entry and residence ban under Section 11 AufenthG applies to persons who are obliged to leave the country and against whom measures such as expulsion or deportation have already been taken. This regulation generally covers Germany as well as the entire Schengen area and other EU member states.
In concrete terms, this means for you:
- Entry ban: You may not re-enter Germany for the specified period.
- Residence ban: You are prohibited from staying in Germany for the duration of the ban.
- Start of the period:The ban period begins when you actually leave the country. It can be suspended upon entry and subsequently extended.
The legal basis for the entry and residence ban is Section 11 (1) AufenthG.
Test of the law: "An entry and residence ban must be issued against a foreigner who has been expelled, returned or deported or against whom a deportation order has been issued in accordance with Section 58a AufenthG. An entry and residence ban must also be issued against a foreigner who has been refused entry because he or she attempted to enter the country using false or falsified documents."
Who is affected by § 11 AufenthG?
If you are the subject of an entry and residence ban under sentence 1 of Section 11 AufenthG, there may be many reasons for this.
Possible reasons:
- You may have entered Germany without valid documents
- They used forged documents to enter the country.
- You have committed criminal offenses or administrative offenses that lead the authorities to classify you as a serious threat to public safety and order and to impose such a ban (you were deported due to an interest in deportation specified in Section 54 (1) (1), (2) or (2a) AufenthG ).
- Your application for asylum pursuant to Section 71 (subsequent application) or Section 71a (second application) of the Asylum Act has not resulted in a further asylum procedure being carried out.
There may be the following additional reasons that belong together:
- You have not been granted subsidiary protection status and the Federal Office for Migration and Refugees (BAMF) has rejected your asylum application as unfounded in accordance with Section29a (1) of the Asylum Act and the conditions for a ban on deportation in accordance with Section 60 (5) or (7) of the Residence Act are not met.
In the event of deportation from the federal territory in accordance with the deportation regulations under Section 58a, an indefinite entry and residence ban is issued in accordance with Section 11 (5b) of the Residence Act.
Reasons for the entry and residence ban
There are various reasons why an entry and residence ban may be imposed on you in accordance with Section 11 AufenthG. These reasons are usually related to expulsion or deportation, but other circumstances can also lead to the authorities issuing such a ban.
Expulsion and deportation as the main reasons
The most common purpose of the entry and residence ban is expulsion and deportation. If the authorities come to the conclusion that you must leave Germany, a ban is often imposed at the same time, prohibiting you from re-entering the country. Expulsion and deportation can take place in the following cases:
- Criminal convictions: If you have committed a criminal offense in Germany, this can be considered a serious reason for deportation. The entry and residence ban is often imposed in these cases to protect public safety.
- Endangering public safety: If the authorities assume that your presence poses a threat to society, this can also lead to expulsion and a ban.
- Violations of the right of residence: Unauthorized residence, e.g. due to expiry of the residence permit or illegal border crossing, can result in deportation and thus also a ban on entry and residence.
Other circumstances that lead to a ban
In addition to expulsion and deportation, there are other circumstances that can lead to a ban on entry and residence. These reasons are varied and often relate to special circumstances in which the authorities take additional precautionary measures.
Other possible reasons are
- Use of forged or falsified documents: If you have attempted to enter Germany with forged documents, this will be considered a serious offense and may result in a ban on entry and residence.
- Repeated violations of entry requirements: If you have repeatedly violated the residence regulations, for example by crossing the border without authorization, the authorities often consider this sufficient to issue a ban.
- Danger to public order: Even without specific criminal offenses, a person's behavior can be classified as a threat, which can lead to a ban.
Duration and time limits of the entry and residence ban
The duration of an entry and residence ban under Section 11 AufenthG is a crucial question for many of those affected. If you are affected by such a ban, you will certainly want to know how long it lasts and whether there are any ways of having the entry or residence ban extended or lifted. The length of the ban depends on various factors, including the reasons for the ban and your individual situation.
Typical deadline lengths and exceptions
An entry and residence ban is not imposed indefinitely, but in most cases is limited in time. Once the time limit has expired, the conditions of the entry and residence ban no longer apply.
The exact period depends on the circumstances of your case and can range from a few years to several decades. In principle, Section 11 (3) sentence 1 AufenthG applies and the length of the period is at the discretion of the competent authority.
The typical deadlines include:
- 1 to 5 years: This is the standard duration for most entry and residence bans, especially if there are no serious reasons.
- Up to 10 years: In cases where there is a serious threat to public safety or a serious criminal offense, the period may be extended.
- 20 years or indefinitely: In the case of particularly serious violations, such as terrorist activities or crimes against humanity, the ban can be imposed indefinitely.
In some cases, the period can be shortened under certain conditions. For example, if you can prove a positive change in your situation or voluntarily approach the authorities, there may be opportunities to lift the ban earlier.
Section 11 (1) sentence 3 AufenthG applies for the period of an entry and residence ban. You may then neither enter the federal territory, nor enter the territory of other member states of the European Union or enter Schengen states.
Consequences of a violation of the ban
If you violate the entry and residence ban and do not comply with the first order of the entry and residence ban, this will have serious consequences.
As a rule, such a violation means that the existing time limit does not continue to run, but is suspended. This means that the time you spend in Germany during the offense is not counted towards the period of the ban.
The main consequences of an infringement:
- Interruption of the time limit: The duration of the ban is interrupted for the period of the unauthorized stay.
- Extension of the deadline: The authorities can extend the original deadline, which further delays the return to Germany.
- Possible criminal consequences: In some cases, you may face additional criminal penalties, which can further complicate the situation.
If you have inadvertently or unknowingly violated the ban, it is important to seek legal assistance as soon as possible. A lawyer can help you explain your situation and show you possible ways to minimize the consequences.
The legal requirement is Section 11 (6) AufenthG:
Legal text: " An entry and residence ban may be imposed on a foreigner who has not complied with his or her obligation to leave the country within a set departure period, unless the foreigner is prevented from leaving the country through no fault of his or her own or the failure to comply with the departure period is not significant. Paragraph 1 sentence 2, paragraph 2 sentences 3 to 6, paragraph 3 sentence 1 and paragraph 4 sentences 1, 2 and 4 apply accordingly."
Possibility of extending the deadline
The authorities have the option of extending the period of an entry and residence ban, especially if the original reasons for the ban continue to exist or have even worsened. An extension is usually considered if public safety is still at risk or if you have violated the conditions.
Possible reasons for extending the time limit on the entry and residence ban in accordance with Section 11 (9) AufenthG are
- Repeated violation of the ban: A repeated unauthorized stay in Germany will almost always lead to an extension of the time limit.
- Danger to public safety: If the authorities continue to see a threat from your presence, the ban may be extended.
- Conditions not met: In cases where the ban is linked to conditions such as a clean criminal record, failure to comply often leads to an extension of the deadline.
Options for lifting or shortening the residence ban
If you are affected by an entry and residence ban, you may have the hope of shortening the period or even having the ban lifted.
The Residence Act offers certain ways to apply for a shortening or lifting of the ban - however, clear conditions must be met. Here you can find out what options are available to you and under what conditions a ban can be lifted.
When and how can the ban be lifted?
In principle, you can apply for the entry and residence ban to be lifted or shortened if your circumstances have changed since the ban was imposed or if the original risk that led to the decision no longer exists.
The application to lift or shorten the ban is usually submitted to the competent Foreigners' office or, in some cases, to a higher authority.
A ban is also lifted if there are grounds for a temporary suspension of deportation in accordance with § 60a AufenthG exist.
The important steps include:
- ApplicationSubmit a formal application for revocation or reduction and give detailed reasons.
- Evidence and supporting documentsAttach all relevant documents and evidence to show that you have complied with the law and no longer pose a threat to public safety.
- Legal adviceAs the requirements are high, it can be helpful to consult a lawyer to help you with the application and justification.
The success of such an application depends on the individual circumstances and how well you can prove that the ban is no longer necessary.
Special circumstances and interests worthy of protection
In certain cases, personal interests worthy of protection are taken into account that could justify a reduction or lifting of the ban. These circumstances usually relate to personal or family situations that are particularly worthy of protection and justify an exception.
Examples of interests worthy of protection:
- Family reunificationIf you have family members in Germany, especially children or spouses, this could be an important reason for lifting the ban.
- Health reasonsSerious illnesses or special medical needs that can only be treated in Germany could also lead to a shortening of the deadline.
- Professional reasonsIf you would like to take up a job in Germany and this demonstrably serves your integration, professional reasons may play a role.
If you find yourself in one of these situations, it is important to provide all relevant evidence and to justify well why the entry and residence ban is a disproportionate burden for you.
Examples of successful shortening
There are many cases in which people have successfully had their entry and residence bans shortened or lifted. These examples show that good preparation and careful justification can often lead to success.
Successful examples of shortening:
- Fulfillment of all requirementsIf the person concerned can prove that they have fulfilled all requirements, e.g. by regularly reporting back to the authorities or by making demonstrable efforts to integrate, this can be taken into account positively.
- Voluntary departure and re-entry conditionsPersons who have voluntarily fulfilled their obligation to leave the country and have committed no further offenses have a better chance of having their sentence shortened.
- Social integrationIf, for example, you have taken language courses, can prove that you have a training place or are actively participating in integration measures, these efforts can increase your chances of a reduction.
Important information in the event of an existing residence ban
If you are affected by an entry and residence ban under Section 11 AufenthG, this can mean considerable restrictions for your personal and professional situation. It is therefore particularly important to adhere to certain rules of conduct in order not to jeopardize your chances of having the ban lifted or shortened at a later date.
Recommended behavior and potential risks under Section 11 AufenthG
An existing entry and residence ban entails special obligations. A breach of these regulations can have considerable consequences and aggravate your situation.
To avoid such risks, you should adhere to the following recommendations:
- No unauthorized stayAvoid entering Germany or the Schengen area at all costs while the ban is in place. A violation will lead to an interruption of the time limit and may extend the duration of the ban.
- Obtain information from the authorities: Check regularly with the responsible Foreigners' office or via a lawyer about the current status of your ban and any changes.
- Documentation of all stepsKeep records of all activities and efforts that show that you are complying with the legal requirements and demonstrate your willingness to integrate. Such evidence may be helpful in a future application for a reduction or revocation.
- Obtain legal adviceAn experienced lawyer can help you understand the legal provisions and avoid potential pitfalls. The support of legal counsel increases your chances of success when applying for a time limit reduction at a later date.
Applying for a special permit for re-entry
In certain exceptional cases, it is possible to obtain a special permit for temporary re-entry to Germany despite an existing entry and residence ban.
This may be the case, for example, if compelling personal or family reasons require entry. However, applying for such a permit requires detailed justification and often extensive supporting documents.
Important steps for applying for a special permit:
- Application to the competent authorityContact the competent authority for your case Foreigners' office or the Federal Office for Migration and Refugees (BAMF) to apply for a special permit for re-entry.
- Justification and supporting documentsMake sure that your application contains a convincing justification and relevant evidence to support the compelling reason for re-entry (e.g. serious illness of a close family member or work commitments that cannot be postponed).
- Support from a lawyerThe support of a lawyer can be advantageous in such cases, as they can help you to put forward the right arguments and compile the necessary documents.
Conclusion on Section 11 AufenthG
As you can see, the entry and residence ban under Section 11 of the Residence Act can have a major impact on you as a foreigner, depending on the case. We have summarized the most important points for you here and provided some tips on how to proceed.
Summary of the key points of Section 11 AufenthG
- Duration and reasons: An entry and residence ban can last for several years and is usually imposed if you have violated residence laws, e.g. by entering the country without permission or using forged documents.
- Shortening or lifting: Under certain circumstances, such as family or health reasons, you can apply for the ban to be shortened or lifted.
- Risks in the event of violations: Each violation of the ban extends the deadline and may result in additional criminal consequences.
- Special permit: In exceptional cases, temporary re-entry may be approved if there are compelling reasons and you can provide appropriate evidence.
Conclusion, future and tips for Section 11 AufenthG
The entry and residence ban under Section 11 AufenthG will continue to be heavily monitored in the future. If you are affected by an entry and residence ban, it is crucial to comply with the legal requirements exactly.
Document your efforts to comply with the regulations and, if possible, seek legal support. In this way, you can actively improve your chances of having the ban shortened or lifted at a later date and preserve the possibility of returning to Germany.
FAQ - The most important questions about § 11 AufenthG
An entry and residence ban under Section 11 of the Residence Act prohibits persons who have been expelled or deported from re-entering and residing in Germany for a certain period of time.
The ban is issued by the responsible Foreigners' office or, in certain cases, by the Federal Office for Migration and Refugees (BAMF).
The duration varies depending on the case, but is usually between 1 and 5 years, but can also be up to 20 years or indefinite.
Yes, in certain cases, such as for personal reasons worthy of protection, a shortening or revocation can be applied for.
The ban is usually imposed in the event of expulsion, deportation or refoulement if certain legal requirements are met.
In the event of unauthorized entry, the period of the ban is interrupted and can be extended; there is also a risk of criminal prosecution.
The deportation order pursuant to Section 58a AufenthG is issued to avert a threat to public safety and is immediately enforceable, often without prior expulsion.
