Entry and Residence Ban – Section 11 of the German Residence Act

By Attorney-At-Law Dr. Theresa Rath

Entry and residence bans may prevent a person from re-entering Germany or other Schengen states and may block future residence permits. Their consequences often extend far beyond previous expulsion or deportation measures and can significantly affect later visa, family reunification or work-related immigration procedures.

Many affected individuals assume that entry bans automatically last for life or disappear on their own after some time. Both assumptions are often incorrect. Duration, limitation periods and possible removal depend heavily on the individual case.

What is an entry and residence ban?

An entry and residence ban generally means that a person may not re-enter Germany or legally stay in the country for a certain period. Residence permits may also be excluded. The ban can additionally affect travel within the Schengen area.

Entry bans are now generally imposed through administrative decisions and combined with a limitation period. They no longer arise solely by operation of law.

When can an entry ban arise?

Entry bans may particularly occur in connection with:

Not every refusal of a residence permit automatically results in an entry ban. Voluntary departure within legal deadlines may lead to different outcomes compared with expulsion or deportation.

How long does an entry ban last?

Duration depends on the individual case.

As a general principle, entry bans should often not exceed five years. Shorter periods are possible. Case law has accepted approximately 30 months in some situations. Longer periods may nevertheless occur where serious public security concerns are assumed.

In specific circumstances, substantially longer periods may apply:

The authority’s reasoning remains decisive. Long bans are not automatically justified solely because a criminal conviction exists.

Removal or shortening of an entry ban

Existing entry bans may be removed or shortened under certain circumstances.

Relevant factors may include:

Integration, family relationships or care responsibilities regarding German children may become relevant in the balancing exercise. Authorities must consider protected interests.

Family, children and proportionality

Family ties may carry substantial weight when determining whether an entry ban should be shortened or removed. This particularly concerns spouses, German children or parental rights. Such interests must be considered by authorities.

Why proceedings fail

Practical difficulties often arise beyond previous expulsion or deportation measures.

Common problems include:

Correct legal assessment often affects later immigration prospects before visa procedures even begin.