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Third-country nationals Family members of Germans only fall within the scope of EU community law - i.e. do not require a visa before entry - if the German national returns to Germany with them after he or she has exercised his or her freedom of movement rights under the EC Treaty in another EU Member State (so-called „cases of return“).
According to German case law, the use of freedom of movement must be of a certain quality and sustainability in order for German nationals to be regarded as returnees. A holiday in an EU Member State would not, for example, satisfy the requirements of a „returnee“, whereas a residence in an EU Member State within the framework of studies, gainful employment or similar would. In these cases of return, there is a cross-border connection in which the German and his/her family members in Germany find themselves in a situation similar to that of a Union citizen exercising his or her right to freedom of movement in Germany. This applies to a permanent return (taking up residence in Germany) as well as to a short-term return (holiday in Germany).
If the Union citizen is a dual national living in a Member State whose nationality he or she holds and has never exercised his or her right to freedom of movement, no right to freedom of movement applies to family reunification. However, if, for example, a German-Hungarian dual citizen residing in Hungary moves to Germany with his wife, who is a national of a third country, and thus makes use of his right to free movement, he falls under the concept of the beneficiary under Article 3(1) of the Citizens' Directive, which is why the right to free movement applies to family reunion.
Here you will find information on the visa regulations of the Federal Foreign Office, a list of countries requiring a visa to enter Germany and application forms to download. The provisions of the Schengen Convention and its origin are also explained here.
„What data is stored about me in the Central Register of Foreigners (Ausländerzentralregister, AZR)? Do I have an entry ban for Germany?“ - Unfortunately, the Embassy cannot answer these questions. Information can only be obtained from the Central Register of Foreigners.
An application for self-disclosure from the Central Register of Foreigners must be submitted in writing in German to the Federal Administration Office (BVA), Central Register of Foreigners, 50728 Cologne.
The form and further information can be found on the BVA website.
The application has to be sent by yourself to the BVA. From there, you will then receive direct information as to whether you are subject to an entry ban and which authority has imposed it. You can then turn to this authority, which will usually be a alien’s authority, to have the entry ban lifted or limited in time.