§ 13 AufenthG: Border Crossing

Where may you cross the border?

You may only enter and leave the country at approved border crossing points. This applies only during the fixed traffic hours (opening times). There are exceptions: other laws or agreements between states can allow this.

What you must bring when entering and leaving the country

You must have a recognized and valid passport with you. If you do not have a passport, a valid passport substitute document is enough. This is set out in Section 3 (1) of this Act. This applies both when entering and when leaving the country. You must also submit to the police check of cross-border traffic. This means: the police check you when you cross the border.

When are you legally considered to have entered the country?

At an approved border crossing point, you are only considered to have entered once two things are true. First: you have crossed the border. Second: you have passed through the border crossing point. Only once both are true have you entered the country.

Special case: passing through during a check

Sometimes the responsible authorities may let you pass through the border crossing point. They may only allow this for a specific, temporary purpose. This can happen during a check under Regulation (EU) 2024/1356. This check is set out in Section 14a. This can also happen before a decision is made on your refusal of entry. This is set out in Section 15 of this Act and in Sections 18 and 18a of the Asylum Act. Or it can happen while this refusal of entry is being prepared, secured, or carried out. In these cases, this does not count as entering the country. The law treats it as if you had not yet entered. This exception only applies as long as the authorities can continue to monitor where you are.

The general rule for all other cases

Otherwise, the rule is: you have entered the country as soon as you have crossed the border.