HERE YOU LEARN ...
... whether you need a visa for Germany
... how the visa process works when applying for a visa for Germany
... how to apply for a visa for Germany
... what special features apply when applying for a visa for Germany
... what happens during the visa appointment at the embassy
Written by:
Attorney
Publication date:
28.06.2024
Reading time
8 mins
Table of Content
1. Do I need a visa for Germany?
2. When can I apply for a visa for Germany?
3. Step-by-step guide: Applying for a visa for Germany
3.1 Responsible Embassy
3.2 Required documents
3.3 Visa appointment and entry into Germany
3.4 Apply for a residence permit in Germany
4. Processing time for visa Germany
5. Visa check
6. FAQ on visa applications in Germany
1. Do I need a visa?
If you want to apply for a visa, you should first clarify whether you are even required to have a visa . Although the visa requirement applies to everyone (see above), there are exceptions for certain nationalities and situations.
A visa is always required in the following cases:
the applicant is not exempt from the visa requirement due to intergovernmental agreements (see the Foreign Office’s list of visa requirements ) or
the applicant wants to work in Germany or
the applicant wishes to stay in Germany for longer than 90 days and is not a citizen of the following countries: Australia, Israel, Japan, Canada, Republic of Korea, New Zealand, United Kingdom of Great Britain, Northern Ireland, United States of America (see Section 41 of the Residence Ordinance ).
In particular, it should be noted that a visa is always required if the applicant wants to work in Germany (i.e. even if he or she is actually exempt from the visa requirement as a citizen of the “Best Friends States”, see Section 4a of the Residence Act ). The only exceptions to this are foreign nationals with European nationality (see FreizügG/EU ) and business travellers in accordance with Section 16 of the Employment Ordinance or other constellations of the non-employment fiction within the meaning of Section 30 of the Employment Ordinance.
2. When can I apply for a visa?
The requirements for issuing a visa depend on the type of visa (so-called special requirements). Therefore, you should first evaluate which types of visa are even possible for an application .
The different types of visa that can be applied for are based on the structure of the Residence Act:
Training and study visas ( Section 3 of the Residence Act )
Work visas ( Section 4 of the Residence Act )
Humanitarian visas ( Section 5 of the Residence Act )
Visa for family reunification ( Section 6 of the Residence Act )
Depending on the type of visa, different requirements must be met. We have written separate VISAGUARD guides for the different visa types:
Do I have to speak German to apply for a visa in Germany?
Knowledge of German is only necessary in individual cases to apply for a visa. Work visas usually do not require knowledge of German (see Section 18 of the Residence Act). The same applies to family reunification with a skilled worker (see Section 30 of the Residence Act). Details on language skills can be found on the website of the German embassy in your country. Make-it-in-germany.com (government website) also provides information on the language skills required for work visas .
Do I need an apartment to apply for a visa in Germany?
No, an apartment is usually only required when applying for a residence permit. When applying for a visa, it may also be sufficient to provide the address of your employer or a hotel on the VIDEX form . However, some embassies (e.g. the foreign missions in the USA) require a so-called "proof of housing". You can find more information on this at BeckOK AuslR/Maor, 42nd Ed. 1.7.2024, AufenthG § 5 Rn. 1 - 48.
Do I need travel health insurance to apply for a visa in Germany?
Travel health insurance is usually only required if you are applying for a Schengen visa as defined in Section 6 of the Residence Act for tourist purposes. In the case of a work visa, you are insured through your employer. Travel health insurance is then only required if you enter the country before starting work.
3. How can I apply for a visa?
Even if the requirements for obtaining a visa are met, the visa process is often lengthy and problematic in practice . Embassies are often overloaded, meaning visa applications are not processed for months or even years. However, a good knowledge of the visa process or legal support from a migration lawyer can avoid problems and thus shorten the processing time.
First step: Identify the responsible embassy
Before applying for a visa, you must find out which foreign representation is responsible for the visa application . In this respect, an application to an embassy that is not responsible will inevitably lead to the visa application being rejected.
The authority responsible for issuing visas is usually based on the applicant's place of residence. If the applicant is not a citizen of the country in which the embassy is located, proof of residence is usually required (e.g. a residence permit from that country). Such proof can be particularly relevant if there are several embassies in a country that are responsible for processing visa applications (see e.g. Applying for a visa in India ).
Further information on the jurisdiction of the respective embassy can be found on the website of your embassy. The Federal Foreign Office provides an online list of the websites of all German diplomatic missions abroad .
Second step: collecting the necessary documents
As soon as the responsible embassy has been identified, it is necessary to evaluate which documents are actually required for the visa application. This depends not only on the type of visa (e.g. work visa or family reunification visa), but also on the embassy. From a purely legal point of view, the requirements are always the same, but almost every embassy has its own country-specific peculiarities. In African countries in particular, the embassies only trust the respective documents to a limited extent, so numerous other documents must be submitted as proof (see e.g. necessary documents for a visa in Nigeria ). From a legal perspective, it can be doubted whether this approach by the embassies is legal. In this respect, hiring an immigration lawyer can be a good idea. be helpful if, for example, certain documents are not available or are only partially available.
Which documents are required in a specific case can usually be found on the website of the relevant embassy (see, for example, the list of required documents at the Indian Embassy). When compiling the list of documents, care should be taken to select the correct visa type (i.e. Schengen visa (up to 90 days' stay) or national visa (more than 90 days' stay)) and the correct visa type (i.e. training visa (§§ 16 ff. Residence Act), work visa (§§ 18 ff. Residence Act), family reunification visa (§§ 27 ff. Residence Act), etc.). As a rule, the documents must also be certified in a certain way (i.e. apostilled or legalized) and submitted in duplicate.
Third step: booking an appointment at the embassy
As soon as it has been determined which documents are required for the visa application and that these documents can actually be obtained, a visa appointment must be requested at the embassy . To do this, an appointment must be booked on the website of the respective embassy using the so-called “ RK-Visa ” in the appropriate category (see e.g. Appointment booking in Great Britain (London and Edinburgh)). In recent years it has become increasingly difficult to book appointments at the embassies, as cases of misuse of the appointment booking systems keep occurring. A flourishing black market for appointment trading has developed, particularly in the Middle East: Various providers book the appointments in the RK-Visa with the help of bots and scripts and then sell these appointments to the applicants. The embassies try to counteract this practice with technical measures, but they have not yet been able to get the problem under control.
If you are unable to book an appointment, there are various legal remedies available to you. We have written our own VISAGUARD guide to speed up visa application processes .
Fourth step: Attend the appointment
The actual application takes place at the visa appointment. From a lawyer's perspective, it is not necessary to submit the application at the appointment itself (visa applications can also be made informally, i.e. even by email), but the embassies regularly take the view that the only possible application is on site. This issue is regularly the subject of legal disputes and although the administrative courts repeatedly make it clear that a written application is also possible, the embassies or the Foreign Office do not deviate from the probably unlawful appointment requirement.
The appointment is basically to receive the documents and to look at them superficially or check that they are complete. There is no actual legal review of the application. If the embassy employee has doubts about the "plausibility" of the application, a short visa interview will also take place.
Fifth step: Entry into Germany
As soon as the visa has been issued, it should first be checked for accuracy . It often happens that embassies make typos in the passport number or validity period. This can lead to unpleasant surprises at the airport. If the visa has been issued correctly, you can enter Germany.
Registration of an apartment in Germany as a foreigner
The first step after entering the country is to register your own accommodation . This legal obligation applies to everyone in Germany, not just foreigners (see Section 17 BMG ). After registering your accommodation, the foreigner receives a so-called registration certificate , which serves as proof of residence. The registration certificate is important because the immigration authorities do not recognize their own jurisdiction until your residence is proven with a registration certificate. Your application for a residence permit will then not be processed. In practice, this can lead to considerable problems, as some registration authorities (particularly in Berlin) rarely make appointments to register your accommodation. Applying for a residence permit is then usually only possible with legal support (e.g. from a lawyer specializing in immigration law ).
Applying for a residence permit as a foreigner
If you own an apartment in the respective city and have registered it, you must apply for a residence permit in that city (see Section 3 Paragraph 1 No. 3 VwVfG). In principle, no specific form of application is prescribed (see only BeckOK AuslR/Kluth, 42nd Ed. 1.7.2024, AufenthG, Section 81 Rn. 5 - 10.2). The application can therefore be submitted online, by letter, by fax or even by email. In practice, however, most immigration authorities have now switched off their public email addresses, so that applications can only be submitted via the online forms. For the largest immigration authorities, these are the following online portals:
Online portal of the State Office for Immigration (LEA) in Berlin
A major problem with using online portals is that they often require documents that are not relevant to the specific application. In these cases and due to other technical difficulties, the online portals cannot be used. The only solution is to submit the documents in another way. Contacting a lawyer can help here, as lawyers have the option of communicating with the immigration authorities via the electronic justice system ( special electronic lawyer mailbox ). This often makes communication and the application process much easier.
Once the application has been submitted, the stay in Germany is considered legal if the previous stay was also legal (so-called fictitious effect ). If a residence permit is applied for with a visa, the visa is initially considered to be automatically extended. It is therefore not necessary for the immigration authorities to decide on the application for a residence permit before the visa expires. The fictitious effect applies until the immigration authorities have decided on the application. The fictitious effect therefore has a very important function, as it ensures that the foreigner is allowed to continue to stay in Germany. To prove the fictitious effect, the immigration authorities must issue a so-called “ fictitious certificate ”. The fictitious certificate is considered proof of legal residence in legal transactions. In practical terms, however, the immigration authorities are so overloaded that they are unable to issue a corresponding fictitious certificate in time. This can lead to considerable problems, as the employer, for example, is dependent on the foreigner being able to prove that they are legally resident. A fictitious certificate is also required for travel, as otherwise re-entry into Germany is not possible. A missing fictitious certificate can also lead to problems with ID cards, as foreigners are obliged to present their residence permit to the authorities upon request. Due to the serious consequences of a missing fictitious certificate, it may be necessary to hire a lawyer to obtain the fictitious certificate. In case of doubt, a lawyer specializing in immigration law can file a lawsuit to enforce the foreigner's rights. Mistakes have been made.
For more information on applying for a residence permit, see our VISAGUARD Residence Permit Guide .
Appointment at the immigration office
After a residence permit has been applied for and a fictitious certificate has been issued, an appointment is made at the immigration office. In practice, it is unfortunately often difficult to get an appointment at the immigration office . In large cities in particular, the immigration offices are so overloaded that appointments are only available months later. This can lead to dramatic situations, as the foreigners are dependent on the appointment in order to receive a residence permit. Hiring a lawyer specializing in immigration law can be helpful here, as lawyers do not have to book the appointments; they are automatically assigned to them by the authority.
At the appointment itself, the so-called identification procedure (i.e. the provision of personal details and fingerprints) takes place first. The clerk then checks whether the application is complete and points out any missing information. If the foreigner has to prove that he or she has German language skills for his or her application, the clerk may also check the German language skills in a short conversation at the appointment.
At the end of the appointment, the clerk will, in the best case scenario, order the requested residence permit from the Federal Printing Office . To do this, he will issue the foreigner with a letter confirming the order. From the moment the letter is handed over, the residence permit is legally granted. The electronic residence permit (eAT) , which is created by the Federal Printing Office, is merely proof of the residence permit. After the electronic residence permit has been printed, the foreigner receives a message so that he can collect the electronic residence permit from the immigration office. Printing the electronic residence permit usually takes 6 - 8 weeks. After receiving the electronic residence permit, it should definitely be checked to ensure that the immigration office and the Federal Printing Office have not made any mistakes.
4. Processing time for visa Germany
When issuing visas, the processing time is often problematic because embassies abroad are often extremely overloaded. This means that processing times can take several months or even years.
If the VISAGUARD guide to reducing the processing time for visa applications does not show you a solution, you can hire one of our independent VISAGUARD lawyers .
5. Visa check
After the visa has been issued, you should check your visa thoroughly . As a result, careless mistakes occasionally occur which are then noticed when entering Germany. This can have serious consequences and, in the worst case, result in refusal of entry. You should therefore check the following things after the visa has been issued:
Is your name spelled correctly?
Is the correct year given?
Does the passport number on the visa match your actual passport number?
In case of a work visa: Is the correct employer indicated?
Does the visa contain illegal additional conditions (e.g. a "registration requirement" with the immigration authorities)?
If you find formal errors in your visa, it may be advisable to contact the embassy before entering Germany and point out the errors. As a rule, the foreign representations are very responsive to errors and respond directly. A lawyer specializing in migration law can help you to contact them.
6. FAQ (Visa Guide)
I want to apply for a visa. What do I have to do?
If you wish to apply for a visa, you must first find out about the visa requirements in your home country or country of residence. For more information, see our relevant VISAGUARD guides.
What are the requirements for applying for a visa?
The requirements basically depend on the purpose and type of visa. For further information, please see our relevant VISAGUARD guides.
When can I apply for a visa for Germany?
You can apply for a visa for Germany if you meet the requirements of the respective visa (e.g. for the EU Blue Card or the Job Seeker Visa).
Which country is responsible for my visa application?
Visa applications are examined by the diplomatic missions in the country in which the applicant is legally resident (Article 6 paragraph 1 of the Visa Code (Regulation EC 810/2009)).
Which embassy in my country of residence is responsible for examining my visa application?
The embassy of the country in which the only travel destination or (in the case of several countries that are already being visited) the main travel destination is located is always responsible (Article 5, paragraph 1 of the Visa Code (Regulation EC 810/2009)). If no main travel destination can be determined, the visa must be applied for at the embassy of the country in which the Schengen area is to be entered for the first time.
Can I apply for a Schengen visa in the Schengen area?
Yes, in principle you can apply for a Schengen visa within the Schengen area under certain conditions. However, many embassies refuse to issue a Schengen visa within the Schengen area. In this case, the only solution is often to hire a lawyer specializing in immigration law.
I am unable to obtain some documents. What can I do?
If you are unable to obtain certain documents due to your absence from your home country, you can appoint a lawyer in your home country to apply for the documents (so-called trusted lawyers).
Do I have to book a separate appointment for my child?
Yes, in most cases you will need to book a separate visa appointment for your child. However, most embassies will combine appointments for families if a request is made.
Can I have someone represent me at the embassy appointment?
Representation at the visa appointment is only possible in certain cases.
Is there an interview included in the appointment?
No, German visa law does not recognize a job interview or interview in the narrow sense. However, the embassy staff can ask you questions to check the "plausibility" of your visa application. The necessary knowledge of German can also be tested (e.g. in a short conversation in German).
Do I have to hand in my passport at the visa appointment?
Yes, you often have to hand in your passport at the visa appointment. You can then pick it up again once the visa has been issued. On request, the passport can also be sent by post to your home address.
Can I apply for a visa in Germany?
You can apply for a visa for Germany if you meet the requirements for the respective visa (e.g. for the EU Blue Card or the Job Seeker Visa).
THIS MAY ALSO INTEREST YOU
List of all online appointment booking systems of the German embassies (RK-Visa)
E-mail addresses of all German embassies (accessibility of visa offices)
Information from the Federal Foreign Office on visa exemption (visa list)
Literature: BeckOK AuslR/Maor, 42nd Ed. 1.7.2024, AUfenthG § 6 Rn. 1 - 25
