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Written by: Attorney at Law (Berlin)
Publication date: 15.02.2024
Estimated reading time: 14 min.
1. Applying for a residence permit in Germany
2. Requirements for a residence permit (first issue)
2.1 Clarified identity and passport requirement
2.2.1 Sufficient financial means
2.2.2 Sufficient accommodation
2.3 No criminal record or interest in deportation
2.4 Entry with the correct visa
3. No grounds for cancellation/expiry
3.1 Stay abroad as grounds for cancellation
Table of Content
To whom does the Residence Act apply?
A foreigner is anyone who is not a German within the meaning of Article 116 of the Basic Law. Around 13 million foreigners live 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 in the first place. Although the Residence Act generally applies to all people who are not German nationals, there are the following exceptions:
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EU citizens and their family members
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Diplomats and family members
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Employees of international organisations and family members
The groups of people described do not have to comply with the provisions of the Residence Act.
What special regulations apply to foreigners?
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 labour market in Germany
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Restricted opportunities to participate in the political process (elections)
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Restricted application for social benefits
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Special criminal provisions for foreigners (special criminal law)
These restrictions are primarily regulated in the Residence Act (AufenthG) and the Residence Ordinance (AufenthV). In most cases, these laws stipulate that foreigners require a residence permit in order to reside in Germany.
Residence permit for foreigners: What is a residence permit?
For people to whom the Residence Act applies, a so-called residence title is usually required for them to be allowed to stay in Germany. According to § 4 of the Residence Act, there are the following residence titles:
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Visa,
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residence permit,
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Blue Card and ICT Card,
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settlement permit and EU permanent residence permit.
These residence permits differ primarily in terms of 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 a work permit or without a work permit).
What does a residence permit cost?
The costs for issuing a residence permit are regulated by law in the Residence Ordinance.
According to §§ 44 ff. AufenthV, the following fees must be paid for the issue of a residence permit:
Costs/fees Visa for skilled workers
Costs Schengen visa (adults) 80 euros
Cost of first D visa/national visa 75 euros
Cost of D visa extension 25 euros
Costs/fees residence permit for skilled workers
Cost of initial residence permit Blue Card or ICT Card 100 euros
Cost of extending residence permit, Blue Card and ICT Card 93 euros
Costs/fees Settlement permit
Costs of settlement permit (e.g. skilled workers/blue card) 113 euros
Costs of European settlement permit/permanent residence EU 109 euros
Costs of settlement permit for self-employed persons 124 euros
Other costs/fees for right of residence
Cost of fictitious certificate 13 euros
Cost of travel document for foreigners 100 euros
Costs of accelerated skilled labour procedure 411 euros
If you assign a lawyer to advise or represent you in the residence procedure, their costs will of course be added.
Which purposes of residence do exist?
The issue of a residence permit requires a specific purpose of residence. In principle, the following purposes of residence exist:
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Educational purposes (3rd section)
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Gainful employment (4th section)
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Humanitarian purposes (5th section)
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Family reunification (6th section)
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Special residence purposes (Section 7)
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Unregulated cases (Section 7 AufenthG)
According to the Federal Administrative Court's doctrine of purpose, an application for a residence permit must always indicate the reason for which the residence permit is being applied for. The "Purpose of residence" field must therefore always be filled in on the relevant embassy and immigration authority forms.
Which laws apply to foreigners?
Aliens law is based on a large number of German and international laws. These immigration laws are listed below:
1. German laws
The following formal laws apply to immigration law:
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Fachkräfteeinwanderungsgesetz (Artikelgesetz)
2. German regulations
The following substantive laws (in particular ordinances) apply to immigration law:
3. Case law
The following judgements and administrative directives apply to 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 higher administrative 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. Multination treaties
The following international treaties apply to immigration law:
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EU-UK Trade and Cooperation Agreement
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Association Law Turkey ARB 1/80
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German-Turkish Labour Agreement
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General Agreement on Trade in Services (GATS)
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Working holiday programmes
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Various bilateral agreements
5. European regulations
The following European directives apply to immigration law:
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Highly Qualified Persons Directive (Directive 2009/50/EC)
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Family Reunification Directive (Directive 2003/86/EC)
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Permanent Residence Directive (Directive 2003/109/EC)
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Qualification Directive (Directive 2011/95/EU)
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Freedom of Movement Directive (Directive 2004/38/EC)
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Return Directive (Directive 2008/115/EC)
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Asylum Procedures Directive (Directive 2013/32/EU)
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Mass influx directive (Directive 2001/55/EC)
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Social Systems Coordination Regulation (Regulation (EC) No 883/200)
6. European laws
The following European regulations apply to immigration law:
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EU Visa Regulation (Regulation (EU) 2018/1806)
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Schengen Borders Code (Regulation (EU) 2016/399)
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Visa Code (Regulation (EC) No. 810/2009)
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Schengen Implementing Regulation (Regulation (EU) 2021/581)
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Visa Regulation (Regulation (EC) No 767/2008)
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Regulation on the free movement of persons (Regulation (EU) No. 492/2011)
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Schengen Information System II (Regulation (EC) No 1987/2006)
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EURODAC Regulation (Regulation (EU) No. 603/2013)
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Dublin Regulation (Regulation (EU) No. 604/2013)
History of the right of residence
Before the enactment of the current Residence Act, the following legal provisions for foreigners existed:
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1932 Prussian Police Ordinance
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1938 Aliens Police Ordinance
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1965 First Foreigners Act of the FRG
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1990 fundamentally reformed all-German Aliens Act
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2005 Immigration Act (article law with new Residence Act)
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2019 Migration package / immigration of skilled labour
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2023/2024 Further development of skilled labour immigration
According to the history of residence law, the legal provisions applicable to foreigners were primarily intended to limit the influx of foreigners (migration control and immigration law as "danger defence law"). This approach has changed over time, as migration is now socially necessary in order to increase the immigration of skilled labour. Most recently, with the 2023 amendment, the legislator decided that the Residence Act is not intended to "limit" migration, but to "control" it.
According to the basic idea of the Residence Act, this migration control is primarily exercised by the fact that every foreigner requires a residence permit (so-called prohibition with reservation of permission). This residence permit is applied for from abroad as a visa at the embassy and in Germany as a residence permit at the foreigners authority. However, these residence titles (visa and residence permit) are only issued if the relevant requirements are met. Which requirements these are depends on which residence title is applied for for which purpose of residence.
