Information on Migration Law
Information on Schengen visas, naturalization, criminal and social law for foreigners and European migration law
VISAGUARD right of residence
Welcome to VISAGUARD - your competent service provider for legal residence rights and skilled immigration. On this page you will find comprehensive information on immigration law in Germany, the applicable laws, statistics and the history of immigration policy. We explain legal peculiarities that are important for certain groups such as skilled workers, students, asylum seekers and investors. You will also gain insights into current statistics on migration and an overview of legal developments in German immigration law. At the end of this page you will find our guides on European law (Schengen visa and EU freedom of movement) and on court proceedings (remonstration, legal representation in court and criminal law for foreigners).
Regulations for Foreigners in Germany
There are numerous special regulations for foreigners in Germany. The Residence Act not only regulates the entry and residence of foreigners, but also numerous conditions of residence. This applies in particular to the following areas:
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Restrictions on freedom of movement and physical freedom of movement
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Access to the labor market in Germany
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Limited opportunities for participation in the political process (elections)
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Limited application for social benefits
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Special Penal Provisions for Foreigners (Special Criminal Law)
These restrictions are primarily regulated in the Residence Act (AufenthG) and the Residence Ordinance (AufenthV). These laws are therefore particularly relevant for foreigners.
Who does the Residence Act apply to?
A foreigner is anyone who is not German within the meaning of Article 116 of the Basic Law . There are around 13 million foreigners living in Germany (2024). This makes up around 15% of the German population . Special rules apply to these foreigners living in Germany, the so-called right of residence. However, the Residence Act only applies if the foreigner is subject to the provisions of the Residence Act at all. Although the Residence Act generally applies to all people who are not German citizens, there are the following exceptions:
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Union citizens and their family members
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diplomats and family members
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employees of international organizations and family members
The groups of people described do not have to comply with the rules of the Residence Act and in most cases must apply for a residence permit in order to enter Germany and stay here safely.
Do you need an Immigration-Lawyer?
Do you have questions about German immigration and immigration law ? Our cooperating lawyers for visa and residence issues will answer all questions about your case in a video call. Of course, we are also happy to support you in residence procedures and immigration matters before embassies, immigration authorities and administrative courts.
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What is a residence permit?
According to Section 4 of the Residence Act, foreigners can generally obtain the following residence permits to stay in Germany:
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Visa from the embassy (residence permit for entry)
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Residence permit from the immigration authorities (residence permit for temporary stay)
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settlement permit from the immigration authorities (residence permit for permanent residence)
These residence permits differ mainly according to their function (e.g. the visa is for entry, while the residence permit is for residence), their duration (e.g. limited or unlimited) and the rights they grant (e.g. with or without a work permit). The residence permits are then differentiated within the respective title (i.e. visa or residence permit) according to purpose (e.g. visa to work or residence permit to work). Basically, the following purposes of residence exist:
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training purposes (Section 3 of the Residence Act)
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employment (Section 4 of the Residence Act)
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Humanitarian purposes (Section 5 of the Residence Act)
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family reunification (Section 6 of the Residence Act)
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special purposes of residence (Section 7 of the Residence Act)
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non-regulated cases (Section 7 of the Residence Act)
According to the so-called “purpose doctrine” of the Federal Administrative Court, an application for a residence permit must always make it clear why the residence permit is being applied for. In the corresponding forms from the embassies and immigration authorities, the “purpose of stay” field must therefore always be filled in.
History of the Right of Residence
The right of residence and the purpose of residence have undergone numerous changes over time. According to the history of the right of residence, the legal provisions applicable to foreigners were primarily intended to limit the influx of foreigners (migration control and immigration law as "danger prevention law" ). This approach has changed over time, as migration is now socially necessary in order to increase the immigration of skilled workers .
Before the current Residence Act was passed, the following legal provisions existed for foreigners:
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1932 Prussian Police Ordinance
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1938 Aliens Police Ordinance
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1965 first foreigners law of the Federal Republic of Germany
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1990 fundamentally reformed all-German Aliens Act
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2005 Immigration Act (Article Act with new Residence Act)
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2019 Migration Package / Skilled Immigration
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2023/2024 Further development of skilled immigration
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FAQ
When is a residence permit issued?
As a rule, a residence permit is only issued upon application. An application must therefore be submitted. According to the Federal Administrative Court, the application or other submission must state the reason for applying for a residence permit (so-called separation principle/purpose doctrine BVerwG 04.09.2007, 1 C 43.06). According to the case law of the Federal Administrative Court (BVerwG), it is therefore not possible to apply for “any” or “all possible residence permits”.
When is a residence permit considered to have been granted?
Contrary to popular belief, a residence permit is not issued only when the electronic residence permit or plastic card is handed over. The residence permit can be issued at the appointment for submitting the biometric data if the administrative act is announced accordingly (objective recipient horizon).
Can a residence permit also be issued retroactively?
Yes, a residence permit can also be issued retroactively up to the time of the application (BVerwG, June 9, 2009, 1 C 7/08). However, all requirements must have been met at the time of the application and there must be a "protectable interest". Whether such an interest exists depends on the individual case. If in doubt, an immigration lawyer can advise you on this.
Is it possible to issue several residence permits at the same time?
Yes, it is possible to issue several residence permits at the same time (BVerwG, judgment of 19.03.2013, 1 C 12.12). In practical terms, however, the immigration authorities and embassies refuse to issue several residence permits at the same time, as only one residence permit can be entered in the Central Register of Foreigners (AZR). However, this does not correspond to the current legal situation.
I have lost my electronic residence permit (eAT), what can I do?
If you have lost your residence permit or plastic card, this does not mean that you no longer have a residence permit. You simply need to apply for a new residence permit at the immigration office. The new permit usually costs 67 euros.
How much does a residence permit/visa/residence permit cost in Germany?
Costs/Fees Visa Skilled Workers:
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Cost of Schengen visa (adults) 80 euros
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Cost of first D visa/national visa 75 euros
Costs/Fees Blue Card and ICT Card for Skilled Workers
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Costs for initial residence permit Blue Card or ICT Card 100 Euro
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Costs for extension of residence permit, Blue Card and ICT card 93 euros
Costs/Fees for a Residence Permit
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Costs of settlement permit (including skilled workers/Blue Card) 113 euros
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Costs European settlement permit/permanent residence EU 109 euros
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Costs of settlement permit for self-employed persons 124 euros
Other costs/fees Residence permit
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Cost of fictitious certificate 13 euros
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Costs of accelerated skilled worker procedure 411 euros
When is the residence permit glued into the passport?
In exceptional cases, the residence permit is not issued as an electronic residence permit (plastic card, so-called “eAT”), but is stuck into the foreigner’s passport (Section 78a of the Residence Act). This usually happens when a trip abroad is imminent and it is no longer possible to order the residence permit from the Federal Printing Office in time.
Can I change the purpose of my stay?
Changing the purpose of your stay is generally possible, unless explicitly stated otherwise. Restrictions on changing the purpose of your education exist primarily in the area of training (especially studies) and during or after the asylum procedure.
Which purpose of stay is best for me?
If several purposes are considered, the authorities usually issue the residence permit that provides the most rights. However, since residence permits do not always provide “more” or “less” rights, but rather different rights, the assessment is not always easy. If in doubt, an immigration lawyer can advise you on which residence permit is best for you.
How much does a residence permit cost in Germany?
The costs for issuing a residence permit are regulated by law in the Residence Ordinance. According to §§ 44 ff. Residence Ordinance, the following fees must be paid for issuing a residence permit:
Overview/Collection Laws Residence Law
The law on foreigners is based on a variety of German and international laws. The following migration and residence laws apply in Germany
1. Formal laws
The following formal laws apply in immigration law:
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Skilled Immigration Act (Article Act)
2. German regulations
The following substantive laws (in particular regulations) apply to immigration law:
3. Courts and authorities
The following judgments and administrative instructions apply in immigration law:
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case law of the VG Berlin (central visa court)
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case law of the administrative and supreme courts
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case law of the ECJ and the ECHR
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State administrative regulations (in particular VAB (Berlin) and Directive 1/2024 (Hamburg))
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Federal Administrative Regulations ( VwV-AufenthG , VwV-FreizügG/EU , VAH-StAG,Visa Handbook )
4. International treaties
The following international treaties apply to immigration law:
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working holiday programs
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various bilateral treaties
5. European Directives
The following European directives apply to immigration law:
6. European regulations
The following European regulations apply to immigration law:
Summary of this Page
On this page (overview of information on immigration law) you have found general topics on immigration and visas in Germany from VISAGUARD. The page explains which regulations apply to foreigners and in which laws these regulations can be found. The page also explains what a residence permit is and for what purposes residence permits can be issued. The page also lists which laws, guidelines and administrative instructions are relevant to the entire area of residence law.