Visa Australians in Germany
All information on the special visa and residence requirements for Australians in Germany
Here you learn ...
which entry regulations apply to Australians in Germany
under what conditions Australians are allowed to work in Germany
how to apply for a visa at the German Embassy in Australia
everything about the " 90/1/90 rule " for Australians in Germany
Author
Attorney
Reading Time
8 Min.
Release Date
23.12.2024
Table of Content
1. Visa-free entry for Australians
2. Stay up to 90 days for Australians
3. No work during visa-free stay
4. Apply for a visa at the embassy in Sydney
5. Residence permit for Australian citizens in Berlin
6. 90/1/90 rule for Australians
7. FAQ Visa for Australians
Due to the political and cultural ties between the countries, Australian citizens are privileged in Germany when it comes to applying for residence permits. For Australian citizens, this not only applies to visa-free entry into Germany (see the visa list of the Federal Foreign Office ). Rather, unlike other nationals who can enter without a visa, people from Australia can also apply for a residence permit directly in Germany . While other nationalities can only apply for permanent residence in Germany with a visa from the embassy in their home country, people from Australia can enter without a visa and apply for a residence permit directly in Germany at the immigration office (Section 41 of the Residence Ordinance).
1. Visa-free entry for Australians
For visa-free entry for Australian citizens, it is necessary that the general requirements of the Schengen Borders Code are met (see Art. 6 Schengen Borders Code (EU Regulation 2016/399) . This primarily means that people from Australia must have a valid passport to enter the country. The passport should also have at least one blank data page, as Australian citizens also receive an entry stamp when entering Germany. Another requirement for visa-free entry for foreigners from Australia is that they can prove the purpose of entry at the border and finance their stay in Germany. In concrete terms, this means for business trips, for example, that a corresponding invitation letter from the inviting company must be presented at the border and a hotel booking must be shown.
2. Stay up to 90 days for Australians
After successfully entering Germany, people from Australia can stay in Germany for up to 90 days within a 180-day period without a visa (Section 41 of the Residence Ordinance). The EU Commission provides the so-called “ Schengen calculator ” to calculate the 90 days precisely. The stay of Australian nationals can also be extended after 90 days if a residence permit is applied for at the immigration authorities during the visa-free stay. In this case, the so-called “ fictitious effect ” takes effect, which legalizes the stay until the immigration authorities have decided on the application for a residence permit (Section 81 Paragraph 3 of the Residence Act). A fictitious certificate can then be issued until the immigration authorities have made a decision. You can find more information in our VISAGUARD guide to applying for a fictitious certificate .
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3. No work during visa-free stay
However, visa-free entry for Australian citizens generally only applies if no gainful employment is carried out in Germany. In this respect, a visa or residence permit is always required to carry out gainful employment, regardless of whether the foreigner comes from a privileged country such as Australia or not (see (Section 4a Paragraph 1 of the Residence Act). The only exceptions to this are the so-called “ non-employment fictions ” (Section 30 of the Employment Ordinance). According to this regulation, Australian nationals are allowed to pursue certain activities in Germany during a visa-free stay, although these are very limited. A frequently used permit-free activity for people from Australia is, for example, business trips or participation in trade fairs. It should be noted, however, that the non-employment fictions do carry some risks . Because if the limits of the permit-free activity are exceeded, this is illegal employment. In this case, high penalties are threatened (see VISAGUARD information on illegal employment of foreigners ). One of our independent VISAGUARD experts will be happy to advise you on the question of whether you need a visa for your work as an Australian national in Germany. need a work permit or not.
4. Apply for a visa at the embassy in Sydney
If you are a foreigner from Australia and intend to work full-time in Germany, we generally recommend that you apply for a visa at the embassy in Sydney (see the website of the German embassy in Sydney ). The German embassy in Sydney provides information on the necessary documents for a visa application by Australian citizens on its website.
Once you have collected the documents, you can book a visa appointment in the so-called RK visa . As soon as the embassy in Sydney has issued the visa, you can enter Germany and pursue your employment here. You can find more information on this in our VISAGUARD guide to applying for a visa .
5. Residence permit for Australian citizens in Berlin
If you are already in Germany and want to apply for a residence permit as an Australian citizen, you must contact your relevant immigration authority . In Berlin, for example, residence permits for Australian citizens are issued by the State Office for Immigration (LEA) . The State Office for Immigration provides special information for Australian citizens on its website . If you, as an Australian citizen, want to apply for a residence permit from the Berlin immigration authority in accordance with Section 26 Paragraph 1 of the Residence Ordinance, you must submit the following documents:
Valid passport
employment contract
rental agreement with indication of living space
Proof of monthly rent (e.g. bank statement)#
proof of your health insurance
The collected documents must then be submitted using the LEA contact form . The immigration office will then give you an appointment . Booking an appointment is no longer possible in Berlin (see VISAGUARD blog post on the abolition of the appointment system in Berlin ).
Do you have Questions about your Visa-Case?
Our cooperating lawyers for visa and residence issues will answer all your questions in a video call. Of course, our independent experts are also happy to support you in residence procedures before embassies, immigration authorities and administrative courts in Germany.
Contact us to book an initial consultation on your case with a German visa lawyer ! You will receive a reply within 24 hours (on workingdays).
6. 90/1/90 rule for Australians
In addition to the privileges mentioned, Australian citizens can benefit from a unique residency rule. According to the German-Australian visa waiver agreement of December 22, 1952, Australians may not stay in Germany for more than 90 days, but there is no limit on the number of times they can enter Germany. To re-enter Germany for a further 90 days, Australian visitors therefore only have to enter another country outside the Schengen states (e.g. Great Britain) and can even return to Germany on the same day (90/1/90 rule) . Since visitors have to document their stay in Germany, we recommend entering and leaving via a German airport in order to receive an official entry and exit stamp in your passport. This proves that you are leaving Germany for a short time and have thus triggered the 90/1/90 rule. However, you should note that the 90/1/90 rule only applies to Germany and not to the entire Schengen area. The German Embassy in Australia provides further information on this special regulation for Australian citizens on its website .
7. FAQ Visa for Australians
Are Australian nationals affected by the new ETIAS regulations?
Yes, as Australian nationals can enter visa-free, they will be subject to the European Travel Information and Authorisation System (ETIAS) from mid-2025.
Which German embassies are responsible for Australian citizens?
For Australian citizens, the main contact point is the German diplomatic mission in Australia. These are the German Embassy of the Federal Republic of Germany in Canberra (119 Empire Circuit, Yarralumla, ACT 2600) and the Consulate General of the Federal Republic of Germany in Sydney (Level 17, 100 William St, Sydney (Woolloomooloo), NSW 2011).
How long does a visa process from Australia take?
The visa procedures in Australia are comparatively fast. Most visa procedures from Australia can be completed within 2 - 4 months if our VISAGUARD tips for speeding up visa procedures are followed .
What is the success rate for visa applications from Australia?
Due to the various privileges for foreigners from Australia, the success rate for visa applications is more than 90% if the requirements are met.
Summary of this Page
On this page you have learned about the special visa and residence regulations that apply to Australians in Germany. Australians are citizens of the so-called “Best Friends States” and as such can enter Germany without a visa, apply for a residence permit here (Section 41 Residence Ordinance) and work without having a formally recognized qualification (Section 26 Paragraph 1 Employment Ordinance). A unique feature also applies to Australians with regard to the so-called “90/1/90 rule”.
Further Information
Agreement on the exemption from the visa requirement of 22.12.1952 on the embassy website
Literature: Offer/Mävers, Commentary on the Employment Ordinance, 2nd edition 2022, § 26
