Aliens legislation
The Law Concerning Foreign Nationals deals with the rights of foreign nationals who wish to come to Germany, already reside in Germany or have resided in Germany in the past.
The subject areas of the Law Concerning Foreign Nationals are:
- General requirements / Visa-free residence
- Visa procedure (Schengen Visa)
- Entry and residence for occupational purposes (incl. work permit law)
- Family reunifications (subsequent immigration of family dependants / spouses)
- Entry and residence for educational purposes (including language courses and studies)
- Humanitarian grounds (asylum etc.)
- Settlement permit and long-term residence permit – EC
- Revocation and termination of residence titles (including expulsion)
- Additional Fields
General requirements / Visa-free residence
Section 4 Par. 1 of the Residence Act (Aufenthaltsgesetz) states that foreign nationals need a residence title for entry and residence in Germany, i.e. a visa, a residence permit or a settlement permit. This does not cover individuals who are citizens of the European Union, from countries pursuant to Annex II of the EU Visa Regulation, or are covered by other exemptions in accordance with the Regulation Governing Residence (Aufenthaltsverordnung).
As a rule a stable source of income incl. health insurance is required for all residences. People who wish to visit Germany may be required by the appropriate embassy to present a formal declaration of responsibility ("Invitation") provided by persons living in Germany.
Visa procedure (Schengen Visa)
For short-term stays of up to three months foreign nationals obligated to hold a visa must apply for a Schengen Visa (Shengen Visa) at the appropriate embassy and at the same time state the purpose of the stay (e.g. tourism, visit, business trip etc.). The embassy verifies the plausibility of the data and assesses the applicant’s evidence of an intent to return abroad. As a rule refusals of visa applications are not explained by embassies.
The law firm offers counselling and support in visa procedures for all countries and all German embassies and consulates. We pursue formal appeal procedures and represent our clients in legal actions at German courts (e.g. Administrative Court Berlin).
Entry and residence for occupational purposes (incl. work permit law)
A permanent right of residence including a work permit is possible especially for highly qualified persons, specialists, executive personnel and certain occupational groups specified in the Regulation Governing Occupation (Beschäftigungsverordnung) and the Regulation Governing Occupational Procedures (Beschäftigungsververfahrensverordnung). Someone who wishes to open a business must show that it will contribute to economic life and that there is a need for the company or its services at least on a local level. When an application for a residence permit is filed, the Aliens Department automatically forwards the documents to the Federal Employment Agency (Arbeitsamt) – a separate application for a work permit is not required. In most cases, the Federal Employment Agency verifies whether the respective position can be filled by persons from Germany or the EU before an approval is issued.
For more information see section Work Permits.
Family reunifications (subsequent immigration of family dependants / spouses)
Family members of Germans or foreign nationals living here legally can also obtain residence titles under certain conditions. As a rule this concerns spouses, children or parents.
In reality, bringing one’s spouse into the country or bringing someone into the country for the purpose of marriage is especially difficult, as the authorities are often wary of marriages of convenience ("Scheinehe"). Hence, preparation is recommended before going to interviews at the embassy or the Aliens Department. For marriage in Germany the presentation of a certificate of no impediment ("Ehefähigkeitszeugnis") can be a difficult and time-consuming problem, as well.
Family reunification also covers those cases where a tolerated or illegal foreign national living here can obtain a right of residence due to family ties. In these cases careful scrutiny of existing documents and good timing are often decisive. This also and particularly applies for acknowledgment of paternity which can already be done effectively before a child’s birth and in some cases even without presentation of a passport.
The law firm gives counselling and support in all matters of family reunifications of spouses, children and other relatives. Acknowledgments of paternity are prepared by the law firm and carried out via cooperating public notaries. Representation is country-wide with all aliens authorities and administrative courts.
Entry and residence for educational purposes (including language courses and studies)
The Law Concerning Foreign Nationals states that entry and residence for the purpose of applying to a university, pursuing a university education or taking language courses are possible if there is evidence of ability to cover expenses. After successful completion of studies in Germany it is also possible to look for a job for up to one year by way of a residence permit as stated in Section 16 Par. 4 of the Residence Act (Aufenthaltsgesetz) and then to obtain a residence permit under the terms of Section 18 or 19 of the Residence Act. A residence permit pursuant to Section 16 of the Residence Act does not enable the holder to obtain a settlement permit or naturalization.
The law firm provides administrative support to visa applicants and support to those applying for a permanent right of residence after finishing their university degree programs.
Humanitarian grounds (asylum etc.)
Residence titles can also be granted for grounds under international law or on humanitarian or political grounds. Asylum procedures aiming at recognition of asylum or recognition of refugee status (according to Geneva Refugee Convention) are especially important. This also includes residence permits based on the rule recognizing a right to remain, or on deportation bans pursuant to Section 60 Par. 2-7 of the Residence Act (Aufenthaltsgesetz), or on the impossibility of departure through no fault of one’s own pursuant to Section 25 of the Residence Act.
Section 26 Par. 3 of the Residence Act makes it possible for recognized refugees bearing a blue passport (refugee’s passport) to obtain a settlement permit after a period of 3 years. The decision on whether one should apply for a settlement permit as soon as this must be made on a case-by-case basis because filing an application could lead to revocation of asylum status.
Settlement permit and long-term residence permit – EC
As a rule, an unlimited right of residence in the form of a settlement permit or long-term residence permit – EC can be obtained after 5 years. Spouses of Germans can obtain the settlement permit after 3 years.
Years of university attendance in Germany are not regularly counted towards eligibility for the settlement permit, but they each count one half year towards the long-term residence permit – EC. Before the directive on long-term residence (Directive 2003/109/EC) has been adopted into German Law the advantages and disadvantages connected with the European long-term residence law should be assessed on a case-by-case basis.
Revocation and termination of residence titles (including expulsion)
Residence titles expire for the reasons listed in Section 51 Par. 1 of the Residence Act. The most frequent grounds for expiration are expulsion as provided for in Sections 53 ff of the Residence Act and an absence for a period of more than 6 months without previous approval. Both alternatives also apply to holders of unlimited rights of residence. Revocation can be considered for the grounds stated in Section 52 of the Residence Act.
In case of imminent deportation or a planned absence of more than 6 months the support of a specialised lawyer should be sought immediately. The law firm will support you in all relevant matters.
Additional Fields
- Rights of residence pursuant to EU directives
- Family reunification in accordance with the directive on family reunifications (Directive 2003/86/EC on the right to family reunifications),
- Rights of EU citizens and their relatives pursuant to the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (Directive 2004/38/EC),
- Qualification directive for refugees etc.
- Criminal proceedings in connection with the Law Concerning Residence of Foreign Nationals
e.g. marriage of convenience, loss of passport, illegal residence - Rights of residence for EU citizens and citizens of associated states
e.g. for Turkish nationals (ARB 1/80 etc.), Bulgaria, Romania - Toleration (Duldung), deportation, detention for deportation
e.g. grounds for detention, grounds for toleration, applications for time limits, deportation costs, laissez passer - All other questions related to the Law Concerning Foreign Nationals
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© Anwaltskanzlei Weh - German lawyers, Stephanie Weh, Aliens legislation, Immigration, German Citizenship, family legislation. Frankfurt.