Visa and residence law is largely characterised by the case law of the European and national courts. At the top of the court hierarchy is the European Court of Justice, which monitors compliance with European laws (in particular the Free Movement Directive, the Schengen Agreement and the European Convention on Human Rights (ECHR)). At national level, the highest court (apart from the Federal Constitutional Court) is the Federal Administrative Court (BVerwG), which is the court of last resort in disputes over the granting of visas and residence permits. Also relevant are the highest administrative courts of the federal states (e.g. the Higher Administrative Court of Berlin-Brandenburg). Finally, the Administrative Court of Berlin (VG Berlin) also plays a significant role in migration jurisdiction, as it is the court of the seat of the Federal Foreign Office (Ministry of Foreign Affairs) and is responsible for all legal actions against embassies. The VG Berlin is also of considerable importance due to the fact that most foreigners in Germany live in Berlin and the immigration authority in Berlin (Landesamt für Einwanderung (LEA)) is the largest immigration authority in Berlin.

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