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COMPLIANCE CORNER: Increased Scrutiny at German Airports
November 24, 2023
We have observed an increased level of scrutiny towards travelers at German airports in recent weeks, resulting in instances of refused entry or transit. It is important to note that attempting to enter Germany without proper immigration permission is considered a criminal offense under § 95 Section 1 No. 3 of the German Residence Act.
Upon arrival at German ports of entry, Immigration Officers thoroughly examine travelers’ passports, often manually calculating their total stay in the Schengen area by reviewing entry and exit stamps.
We have encountered specific situations that highlight these issues:
- Ukrainian nationals with Italian Residence Permits: The Italian authorities have automatically extended the validity of all Temporary Protection Residence Permits for Ukrainian nationals until December 31, 2024. However, they have not issued new Residence Permit Cards reflecting the new expiry date. As a best practice, permit holders should carry a copy of the Decree issued by the Italian authorities, confirming the automatic extension. While Immigration Officers in several Schengen countries accept the Italian Temporary Protection Residence Permit as valid, we have received reports of intensive questioning by German authorities in some instances. In one case, a permit holder was refused entry under § 95 Section 1 No. 3 of the German Residence Act, with their case being forwarded to the Public Prosecutor.
- Overstay in another Schengen country: With the implementation of the Entry-Exit System (EES), the total duration of a non-EU national’s stay in the Schengen area is recorded in a centralized database. However, at present, Immigration Officers are required to manually calculate the total period of stay. It has come to our attention that some Immigration Officers take the time to calculate stays and have, on occasion, refused entry to travelers who have exceeded their Schengen allowance.
Newland Chase Insights
To avoid potential issues arising from the heightened scrutiny by Immigration Officers, we strongly recommend that travelers carefully review their immigration documents and closely monitor their Schengen allowance.
This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.
