When is it illegal to cross the EU borders? The European Union has defined a set of guidelines that explain what is considered an illegal entry into EU territory. However, each Member State provides its own administrative penalties for specific cases.
In order to analyse Europe’s migratory situation, it is important to first address the question of what is an illegal border crossing.
The Schengen Area functions as a single country with border checks only at its external borders —but not within member nations. In this sense, an illegal border crossing in Europe could be defined as crossing external Schengen borders into a member state without the necessary permission or required documentation.
The Schengen Borders Code provides European Member States with a unified set of rules that govern external border checks on persons, entry requirements and duration of short stays in the Schengen Area. These rules have been unified to make border control more efficient and transparent.
Europe takes these infractions quite seriously. However, the consequences of an illegal entry when immigrants crossing the border do so without complying to these regulations may vary from one state to another.
IS CROSSING THE BORDER ILLEGAL IN EUROPE?
With the foundation of the Schengen Area came the abolition of internal borders between Schengen territories. However, freedom of movement within the European Union does not come at the expense of security.
The entry requirements for Europe depend on a passenger’s nationality, the purpose of their visit, and the duration of their stay.
For short trips, under 90 days’ duration, where the visitor enters Europe for tourism, business or short-term study, the following applies:
- Non-EU citizens from ETIAS eligible countries such as the United States of America, Australia, Canada, Japan, and others can currently cross the external Schengen borders with just their passports.
- From 2026 onwards, when the ETIAS is scheduled to be launched, they will be asked to register online for an ETIAS before their departure towards the EU.
- Non-EU citizens from countries that do not have a visa waiver agreement with the Schengen Area need to have a valid Schengen visa as well as their passport and other requirements to cross the external borders of the Schengen Area.
ETIAS, which stands for European Travel Information and Authorisation System, was approved in 2016 with the primary purpose of further improving security within the Schengen Area. This modern and more efficient system also aims to aid Europe in the fight against illegal border crossings.
Travellers wondering “Is it illegal to cross the border?” now have a clearer answer: it is illegal to enter the European Union if passengers do not comply with entry requirements.
Illegal border crossing law, however, does not apply to asylum seekers, nor does it contemplate their regulated arrival. This is due to the fact that these persons often lack the necessary documentation and/or enter the Schengen Area using unauthorised border crossing points.
In Europe, irregular immigrants are refused entrance to Schengen member nations while asylum seekers are not.
WHAT HAPPENS TO ILLEGAL IMMIGRANTS IN EUROPE?
Illegal border crossing in Europe is taken very seriously, especially when offenders repeat their actions after being ordered expulsion, deported or previously penalized in another way.
Several Schengen Member nations exempt undocumented asylum seekers from penalties when they apply in a timely manner or are otherwise qualified for international protection.
WHAT IS THE CHARGE FOR ILLEGAL BORDER CROSSING?
Exemptions, like punishment and financial penalties, vary from one Schengen nation to another. The information below shows the monetary fines and prison terms applicable in the different EU Member States.
EU COUNTRIES WHERE ILLEGAL ENTRY IS A CRIME
There are several EU countries that consider illegal entry a crime, which means these Member States have established prescribed punishment or administrative penalties in those cases:
| Country | Is Illegal Entry a Crime? | Prescribed Punishment or Administrative Penalties |
|---|---|---|
| Austria | Yes | Fine or imprisonment for up to 6 weeks. No punishment for persons recognized as in need of protection or refugees. Administrative prosecution process suspended during asylum application process. |
| Belgium | Yes | 8 days to 3 months of imprisonment, fine, or both for first illegal entry; 1-month to 1-year imprisonment, fine, or both for repeat offenders or previously deported persons during the last 10 years. |
| Czech Republic | No | Illegal border crossing punishable by imprisonment of 1 to 5 years only if threat or violence used. |
| Denmark | Yes | Monetary fine or up to 6 months’ or 3 years’ imprisonment, depending on the crime. Entering/exiting outside of designated border crossings punishable with monetary fines or imprisonment; repeat offenders subject to a more severe sentence. Persons who illegally enter to seek asylum not punished. |
| Estonia | Yes | Imprisonment of up to 1 year or fine; enhanced prison term for aggravating circumstances. Up to 10 years of imprisonment for carrying weapons, or endangering human life or property while entering illegally. |
| Finland | Yes | Monetary fines or up to 1 year of imprisonment, depending on the crime. Illegally crossing the border or reentering in violation of deportation punishable with fines or imprisonment of up to 1 year. Asylum seekers or victims of human trafficking not punished for illegal entry. |
| France | Yes | 1 year of imprisonment and/or fine; 3 years’ imprisonment for illegal reentry. Unless perpetrator is caught in act of illegal entry, or immediately afterwards, charges can´t be brought; undocumented immigrants prosecuted for unlawful stay. |
| Germany | Yes | Imprisonment of up to 1 year or fine. Criminal charges can be avoided by immediately seeking asylum. |
| Greece | Yes | Fine and imprisonment for at least 3 months, deportation with or without detention. Persons not dangerous or a flight risk may be asked to self-deport within max. 30 days. Asylum seekers and refugees not deported. |
| Hungary | Yes | Imprisonment of up to 8 years, deportation, and reentry ban. |
| Iceland | Yes | Monetary fines or up to 6 months’ imprisonment. Entering, re-entering, or residing illegally subject to fine or 6 months’ imprisonment. Persons arriving directly from region where persecuted are exempt. |
| Italy | No | Fine; 5 to 15 years’ imprisonment and fine for aggravating circumstances. Penalties for illegal entry of non-EU persons, reentry after expulsion, reentry of previously removed EU citizens, and stay following the expiration of residence permit. Penalties increased if aggravating circumstances present. |
| Liechtenstein | No | Fine. Administrative offence. Immigration and Passport Office responsible for illegal entry offences unless an individual is repeat offender, in which case Court of First Instance (Landgericht) is the responsible authority. |
| Lithuania | Yes | Imprisonment for up to 2 years, detention, or fine. Asylum seekers not punished. |
| Luxembourg | Yes | 8 days to 1-year imprisonment, fine, or both; 6 months to 1-year imprisonment, fine, or both for illegal reentry. 1 month to 2 years’ imprisonment, fine, or both if entering illegally with forged papers. |
| Netherlands | Illegal entry, no; failure to present travel document, yes. | Imprisonment up to 6 months or fine. Criminal penalty when a person fails to present a valid travel document, illegal entry not penalized. |
| Norway | Yes | Monetary fines, or up to 6 months’ or 2 years’ imprisonment, depending on the crime. Entry outside designated border crossing from non-Schengen country or residence without proper documentation subject to fine or 6 months’ imprisonment. Reentry after expulsion punishable with fine or imprisonment for up to 2 years. Timely asylum seekers exempt. |
| Poland | Yes | Imprisonment of up to 2 years or fine. Illegal entry by groups or using violence face stricter penalties. |
| Portugal | No | Expulsion order. |
| Slovakia | No | Varied administrative fines. |
| Slovenia | No | Fine. |
| Spain | No | Fine. |
| Sweden | Yes | Monetary fines, or up to 6 months or 1 year of imprisonment depending on the offense. Timely asylum seekers exempt. |
| Switzerland | Yes | Imprisonment of up to 1 year or fine. |
EU AND FRONTEX: BORDER CONTROL MISSION
The aim of Frontex, the European Border and Coast Guard Agency, is to coordinate and promote effective European Border Management.
Any increase in illegal border crossings is a cause of concern in Europe and border control is a priority: in 2019 a new regulation strengthening Frontex was announced by the EU providing an additional 10,000 guards.
Regular border control is managed by the individual member states: Frontex provides extra support at borders that come under increased pressure through joint operations, rapid interventions and sea rescues.
ILLEGAL BORDER CROSSING STATISTICS
In recent years EU nations have expressed concerns about an increase in illegal border crossings. While the numbers had decreased due to COVID-19 restrictions, Frontex has reported a rise in the figures to the highest level since the migratory crisis of 2016.
Illegal border crossing statistics show shifting patterns with some regions experiencing increased activity and others a significant decrease. To combat the rise in illegal crossings in certain areas, Frontex now has 1,200 officers and staff deployed at EU external borders.
HOW MANY ILLEGAL BORDER CROSSINGS PER MONTH?
Preliminary figures suggest there were around 40, 300 attempted illegal border crossings between January and March of 2022, an increase of 57% from the same period of the previous year.
EU external borders recorded approximately 11,700 illegal crossings in March 2022, 29% more than in the same month in 2021.
WHERE ARE THE MOST ILLEGAL BORDER CROSSINGS?
The area of the EU that experiences the largest number of illegal border crossings is the Western Balkans. According to Frontex, the Western Balkans route has seen an increase in illegal border crossings with 18,300 detected in the first 3 months of 2022.
Migrants cross the southern common borders with Greece and Bulgaria before attempting to exit the region to the north via the borders of Croatia, Hungary, or Romania with Serbia. The majority of irregular migrants detected were Syrian and Afghani nationals.
The Eastern Mediterranean route for migration is the next most significant. Frontex illegal border crossing statistics show there were 7,000 detected crossings in the region in the January-March period of 2022.
