Security check for foreigners
All information on the security checks of foreign nationals applying for a residence permit.
Here you learn ...
what a security check for foreigners is
what types of security checks there are
in which cases a security check takes place
Your options if the security check result is negative
Table of Content
1. Security checks of foreign nationals
2. Security check in the visa process
3. Security check by the immigration authorities
4. Rights of those affected
5. Conclusion Security check residence permit and visa
1. Security checks of foreign nationals
According to Section 5 (4) of the Residence Act, a residence permit must be refused if there is an interest in expulsion . Such an interest in expulsion exists in particular if the foreigner endangers the free democratic basic order or the security of the Federal Republic of Germany . This is to be assumed if facts justify the conclusion that the foreigner belongs to or has belonged to an organization that supports terrorism or if the foreigner participates in acts of violence in the pursuit of political or religious aims or publicly calls for the use of violence or threatens to use violence ( Section 54 (1) No. 2, No. 4 of the Residence Act ).
Whether such a security threat exists is examined by embassies and immigration authorities in an internal consultation process (so-called security clearance ). For this purpose, the immigration authorities submit appropriate inquiries to the relevant authorities ( Section 73 of the Residence Act ). Which authority is responsible for the inquiry depends on whether the foreigner is currently in the visa process or is already in Germany. In the visa process, embassies involve not only the national security authorities but, in certain cases, also the other Schengen states.
2. Security check in the visa process
In the visa process, the security check is initially governed by the so-called VIS Regulation . According to Article 21 of the VIS Regulation, when issuing a Schengen visa, member states must verify whether the applicant meets the entry requirements, whether they pose a risk of illegal immigration, and whether they pose a threat to the security of the member states. The Schengen-wide Visa Information System ( VIS ) is automatically consulted for each application. The VIS stores the personal data, issued visas, and photos and fingerprints of visa applicants.
The VIS query must be distinguished from the so-called consultation procedure ( Article 22 of the Convention ). For certain applicants, a consultation with central authorities in the member states must be carried out before a Schengen visa is issued. This Schengen-wide consultation requirement applies to visas for short stays of up to 90 days within a six-month period (except airport transit visas). Unlike the VIS query, the consultation procedure is not automated, but only applies in certain cases . The consultation procedure is used in particular for applications from certain high-risk countries, e.g., applicants from Iran, Iraq, or Afghanistan.
Finally, a security check is conducted in the form of a query with the national authorities. In order to prevent persons subject to visa requirements who may pose a threat to public security from entering the Schengen Area, a check is carried out before a visa is issued to determine whether there is a refusal of entry or any national security-relevant circumstances . This is done through automated queries of the Central Register of Foreign Nationals (AZR), Inpol (search file), and the Schengen Information System (SIS) at the Federal Office of Administration (BVA) in Cologne.
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3. Security check by the immigration authorities
A security check is also possible if the immigration authorities wish to issue or extend a residence permit (i.e., after a visa has been issued). Before issuing or extending a residence permit, a temporary suspension of deportation, or a residence permit, the immigration authorities may , via the Federal Office of Administration, pass on the personal data they hold to various security authorities . These security authorities include the Federal Intelligence Service (BND), the Federal Office for the Protection of the Constitution (BfV), the Military Counterintelligence Service (MAD), the Federal Criminal Police Office (BKA), the Federal Police, the Customs Investigation Office, the state offices for the protection of the constitution, the state criminal police offices, and other competent police authorities.
Das BKA betreibt spezielle Zentral- und Amtsdateien, auf die andere Behörden wie Landeskriminalämter keinen Zugriff haben. In diesen Datenbanken sind auch Hinweise auf mögliche terroristische Aktivitäten von Ausländern enthalten. Das BKA gleicht zur Prüfung von Visumanträgen die Daten des Antragstellers, die nach § 73 Abs. 1 AufenthG übermittelt werden, mit folgenden Dateien ab:
Informationssystem der Polizei (Inpol-Z),
Schengener Informationssystem (SIS),
Geschützter Grenzfahndungsbestand (GGFB)
Aktennachweis (BAN) der Bundespolizei
INPOL-Fall-Dateien aus dem Bereich der Bekämpfung der politisch motivierten Kriminalität sowie der schweren und organisierten Kriminalität (BT-Drucks. 16/9547, S. 3)
4. Rights of those affected
If a residence permit is rejected due to security concerns, this does not mean that those affected are defenseless. If an application for a residence permit is rejected on the grounds that there is a threat to public safety, those affected can file a lawsuit with an administrative court . During this legal process, it is usually possible to inspect the administrative file. This will then reveal the specific security breach that led to the rejection. In many cases, this judicial review reveals that the security concerns are unfounded or insufficiently substantiated. The result: The residence permit may still be granted during the legal process.
Even outside of legal proceedings, those affected can defend themselves against unclear or incorrect safety assessments. One important measure is reviewing entries in official databases:
Central Register of Foreign Nationals (AZR): Any person concerned can request access to their data stored in the AZR via the Federal Office of Administration ( Section 34 AZRG ).
Schengen Information System (SIS): The Federal Criminal Police Office (BKA) can check whether there is an entry in the Schengen Information System (SIS) ( Section 57 BDSG ).
These queries are particularly important because incorrect or outdated entries in these systems can have significant implications for the granting or renewal of residence permits. Our lawyers specializing in immigration law are happy to assist you – whether in enforcing your right to information, correcting data, or representing you in legal proceedings against the denial of a residence permit. We will examine for you whether security concerns actually exist – or whether you have been wrongfully denied a residence permit.
Summary of this Page
Security screening is a key tool of the German migration administration for the early identification and prevention of potential threats to public security. It is carried out by the immigration authorities both during the visa process and when issuing or extending a residence permit. Personal data is compared with national and international databases, and in certain cases, Schengen-wide consultations are also conducted.
Although security clearance is a legitimate means of averting threats, it also poses significant challenges under the rule of law. For example, incorrect or insufficiently documented entries in official databases can lead to unjustified rejections. It is therefore crucial that those affected know and exercise their rights – whether through access to files, requests for information, or legal redress. Access to legal assistance from specialized lawyers is an important guarantee for a fair and individualized review in these cases.
