GMILegalUpdate: Restoration of border controls on the Polish-German border

Last week the German government announced its decision to introduce temporary border controls on the border with Poland and the Czech Republic.

Introduction of the border controls is not equivalent to closing the Polish-German border and does not impose any limitations on the right to cross the border by persons holding appropriate documents. In particular, foreigners whose passports entitle them to visa-free travel within the Schengen area, and foreigners with visas or residence permits recognized by Schengen countries, continue to have the right to cross the Polish-German border. They may only face practical inconveniences of border control.

However, in certain cases, travelers may face negative legal consequences when crossing the border from Poland to Germany, such as refusal of entry or declaration of illegality of stay. This is the case for persons who were not entitled to cross the border already under the existing rules (even though in practice they may have been able to travel due to lack of controls on the Schengen area internal borders) – e.g. foreigners staying in Poland solely on the basis of a stamp in their passport, confirming submission of a residence permit application (which authorizes stay in Poland, but not crossing the border) or on the basis of a residence right of extended beyond normal expiry date under provisions of certain special acts.

Therefore, before starting a trip that involves crossing the border between Poland and Germany, it is now particularly worth making sure that the documents one has carry the right to travel abroad.