Border crossing certificate
A border crossing certificate (official jargon : GÜB ) is a document issued by a German immigration authority to a foreigner who is required to leave the country , on which his or her departure deadline is recorded and which contains a section of the form with which proof of departure from the federal territory is to be provided.
content
In addition to the name of the foreigner who is required to leave the country, his date of birth and other personal data as well as the specification of a date by which the foreigner must have left the federal territory at the latest (departure deadline), a border crossing certificate always contains one from the border control posts or a German diplomatic mission , an embassy or a Consulate General to fill out the form on which they confirm their departure.
Legal basis and legal effects
The border crossing certificate is not mentioned in the current law of residence. There is no uniform national model. Each immigration office designs it according to its own ideas. A fee may not be charged due to the lack of a legal basis.
As a rule, immigration authorities do not issue a toleration with a fee according to Section 60a, Paragraph 4, Section 78a, Paragraph 5 of the Residence Act , although this may still be required by law. In practice, however, the stay in Germany until the end of the departure period is not objected to, even without a formal certificate of tolerance. The border crossing certificate does not entitle the holder to enter or transit through other countries, not even in the Schengen area .
use
If the foreigner leaves the federal territory, he or she submits the certificate at the border at the border control post or at a German diplomatic mission , an embassy or a consulate general . From there it will be sent back to the issuing immigration authority with an audit certificate. In this way, proof of departure is provided.
Since the neighboring states the Schengen area belonging and the border controls are dispensed within the Schengen area, actually, there is often no way to more of a charge directly on the German border. External borders with border controls now only exist at German airports (for flights to destinations outside the Schengen area) and at German seaports. In this case, the foreigner must hand in the border crossing certificate in person to a German diplomatic mission (embassy, consulate) outside the Schengen area, typically in his home country. It is not sufficient to send it there by post. Foreign missions of other countries do not accept German border crossing certificates.
Consequences of not giving up
Failure to submit the certificate is neither an administrative offense nor a criminal offense. Evidence of departure can also be provided in other ways as long as there are no doubts about departure. If no proof of departure is returned to the immigration authorities, the person concerned will be advertised for the purpose of determining their whereabouts and arresting them because it is assumed that they have not complied with their obligation to leave the country.
