Illegal immigration and unauthorised entry represent significant challenges worldwide. Germany addresses these issues through regulations under the Residence Act (Aufenthaltsgesetz). Under Section 95 of the Residence Act, both illegal entry and unauthorised residence are punishable by imprisonment or a fine. Furthermore, a foreign national without a valid residence permit is obligated under Sections 50(1) and (2) AufenthG to leave the country without delay. Violations of this requirement can result in measures such as expulsion under Sections 53 et seq. of the AufenthG or deportation under Section 58 of the AufenthG. Cases involving illegal entry that are linked to other serious criminal offenses are particularly problematic. The situation is further complicated by organised smuggling groups that additionally commit crimes such as document forgery, drug trafficking, and human trafficking.
At Schlun & Elseven Rechtsanwälte, our team comprises experienced lawyers specializing in immigration law and criminal defense. We have extensive expertise in residence law proceedings and criminal defense for those accused of illegal entry into Germany. Our lawyers are committed to ensuring that our clients’ rights are protected throughout the entire process and that the best possible outcome is achieved. Contact us today to benefit from our legal support.
Illegal Entry into Germany: Definition and Legal Foundations
The Residence Act distinguishes between illegal entry and unauthorised residence. The latter refers to remaining in Germany without the required residence permit. Illegal entry, on the other hand, means a foreign national crossing the border without the necessary legal authorization (see Section 14(1) of the AufenthG). This includes crossing the border without an appropriate residence permit or valid travel documents, as well as using documents obtained through threats, bribery, or collusion, or documents obtained fraudulently through the use of incomplete or false information. In such situations, expert legal assistance and dedicated support are crucial to ensure that the rights of those affected are protected and that they receive a fair hearing.
Criminal and Immigration Law Consequences of Illegal Entry into Germany
Unauthorized entry can trigger measures that significantly impact the lives of those affected – from possible detention and criminal sanctions to immigration law measures such as the obligation to leave the country under Section 50 of the AufenthG. The following legal consequences are possible:
- Detention: In some instances, deportation detention may be ordered under Section 62 AufenthG or, if a criminal offence is suspected, pre-trial detention may be imposed.
- Criminal consequences: Additionally, illegal entry into Germany can be punished under Section 95(1) AufenthG with imprisonment of up to one year or a fine.
- Immigration law consequences: Furthermore, individuals face deportation under Section 58 AufenthG or expulsion under Sections 53 et seq. AufenthG, as well as an entry and residence ban under Section 11 AufenthG.
An aggravating factor is that a conviction for illegal entry is recorded in the Federal Central Register (Bundeszentralregister) and can subsequently appear in a certificate of good conduct. This, in turn, can make future re-entry more challenging and also impact professional prospects.
Overstaying Your Visa in Germany: Consequences and Legal Implications
Many individuals initially enter Germany legally with appropriate visas for tourism, work, or study. However, when their stay continues after the visa has expired, they are residing in Germany unlawfully. This unauthorized extension of stay violates the Residence Act and may result in imprisonment for up to one year or a fine (see Section 95(1) AufenthG). Furthermore, the obligation to leave the country arises under Section 50 of the Residence Act. Additionally, unauthorized residence can lead to measures such as deportation under Section 58 AufenthG or a re-entry ban.
Overstaying a visa also carries social risks, as those affected may be exploited by employers or landlords. The uncertainty about their legal situation and the fear of potentially coming to the attention of the relevant authorities often leads to psychological stress.
German authorities consistently pursue violations of residence law. Therefore, in such situations, it is crucial to seek legal assistance. Our team of experienced criminal defense and immigration law lawyers will advise you on your rights, possible courses of action, and options for obtaining toleration (Duldung) or reapplying for a residence permit.
Schlun & Elseven: Comprehensive Defense for Allegations of Illegal Entry
At Schlun & Elseven, we provide comprehensive legal assistance to individuals who have been accused of illegal entry into Germany. Our experienced criminal defense lawyers provide reliable court representation and develop defense strategies tailored to the specific circumstances of each case, aiming to reduce penalties. We prioritize protecting our clients’ rights and interests throughout the legal process. Whether examining asylum grounds, pursuing possible legal remedies against deportation, or seeking alternative solutions, we are committed to achieving the best possible outcome for you.
Our experienced lawyers ensure expert advice and support when dealing with the relevant immigration authorities and the Federal Office for Migration and Refugees (BAMF). Our legal team ensures that you are fully informed about your rights and supports you in responding correctly to inquiries or notices.
An Overview: Frequently Asked Questions about Illegal Entry into Germany
Under Section 95(1) of the Residence Act, both illegal entry and unauthorised residence are punishable by imprisonment of up to one year or a fine. Additionally, deportation or expulsion may occur, and an entry may be made in the Federal Central Register. In certain cases, pre-trial detention or deportation detention may also be ordered.
Once your visa expires, your residence in Germany becomes unauthorised. Unauthorised residence violates the Residence Act and can be punished with a fine. Additionally, deportation threatens, and in certain cases, detention.
Yes, according to Sections 50(1) and (2) of the Residence Act, a foreign national without a valid residence permit is obligated to leave the country without delay. If departure does not occur, the person may also be deported under Section 58(1) of the Residence Act.
Yes, detention can occur after the determination of illegal entry, particularly if a criminal offense has been committed and there is a risk of flight or if identity cannot be clarified. Pre-trial detention may then continue while the case is being processed. There is also the possibility of placing the person in deportation detention (Section 62 of the Residence Act).
Expulsion is an administrative decision that terminates a residence permit and establishes the obligation to leave. Deportation is the forced removal of a person from a country when they do not depart voluntarily. Both measures have serious effects on the lives of those affected.
Toleration is a temporary suspension of deportation. It is granted when departure is impossible for legal or factual reasons, such as when no travel documents are available, health reasons prevent departure, or the destination country refuses to accept the person’s return.
In the event of arrest, a lawyer specialising in criminal law and immigration law should be contacted immediately. They can protect the rights of the person affected, inspect files, develop a defense strategy, and communicate with authorities.
Yes, various legal remedies can be filed against deportation orders, particularly an action before the administrative court or an emergency application for suspension of deportation. A specialist lawyer can assess the prospects of success and initiate the necessary steps.
Practice Group: Our German Criminal Defense Lawyers
Practice Group:
Our German Criminal Defense Lawyers
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