Combating migration through irregular entry is currently playing a major role in the German parliamentary election campaign. The parties’ election programs and statements by politicians repeatedly address this issue. However, there are many misconceptions regarding irregular migration, which is often also referred to as illegal migration, with regard to the legal situation. The “Mediendienst Integration” has addressed this topic in its current issue and clarifies the legal situation.
Foreign nationals from third countries who do not have a visa or a valid residence permit for Germany enter the country irregularly, unless they are citizens of a country whose passports entitle them to a three-month stay (without employment) in Germany. Most refugees who come to Germany enter the country irregularly. For example, if people suddenly have to flee due to the outbreak of war, there is no time to take care of a visa beforehand.
Irregular becomes regular through asylum application
As soon as refugees arrive in Germany, they have to quickly file an asylum application. This means that they are no longer “irregular”: because at the moment of the asylum application, their stay in Germany is considered legal and they receive a residence permit. Asylum seekers cannot be prosecuted for originally entering the country irregularly or without permission. This is a result of the Geneva Refugee Convention: It prohibits the sanctioning of irregular entry, since refugees usually have no other choice than to enter the country irregularly.
Refoulement of refugees not permitted
There are often calls to prevent irregular entry by turning people away at border controls. However, this would make it almost impossible to flee to Germany for asylum-related reasons. It would also be incompatible with the current legal situation. This is because under German and European law, every asylum seeker in Germany is entitled to an individual examination of their application. They cannot be turned away without this examination. The fact that rejections at internal EU borders are unlawful has recently been confirmed by rulings of the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR).
The asylum claim must be examined
This right also applies to persons who enter Germany via one of Germany’s neighboring EU states: they are entitled, as a minimum, to the “Dublin procedure” being carried out. This procedure determines whether Germany or another EU member state is responsible for the asylum procedure. For example, Germany is always responsible if close family members of the asylum seeker are already living in Germany. Responsibility also passes to Germany if the EU member state into which the person first entered has very poor conditions: for example, people may not be deported to Greece at the moment.
In recent months, there have been reports in the German media that border officials have used suggestive methods to try to prevent people from applying for asylum, for example by influencing refugees to tick the wrong reasons for entry in a questionnaire. This approach would prevent irregular entries, but according to the “Mediendienst Integration” it would be illegal.
Read the article in “Mediendienst Integration”: MEDIENDIENST INTEGRATION | What is irregular entry?
Deutschlandfunk has reviewed the parties’ election programs on the topic of migration:
Deutschlandfunk | Election programs 2025 Migration
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