Appointment and application for residence permit
All information on how to apply for a residence permit.
Here you learn ...
what form an application for a residence permit must take
How to apply for a residence permit without an appointment
when you can file an action for failure to act after submitting the application
in which cases the fictitious effect occurs after the application has been submitted
Table of Content
1. Application procedure for a residence permit
2. Apply for a residence permit without an appointment
3. Application and action for failure to act
4. Application and fictitious effect
5. Conclusion on the application and appointment for a residence permit
1. Application procedure for a residence permit
Applying for a residence permit in Germany is subject to legal requirements. According to Section 81 Paragraph 1 of the Residence Act (AufenthG), an application is generally required to obtain a residence permit. Residence permits are therefore not issued automatically (officially), but only if the foreigner has applied for the permit. An application is the expression of a foreigner's will to be granted a residence permit. This depends on how the declaration is understood from the objective perspective of the recipient (Bergmann/Dienelt/Sußmann Section 4, marginal note 43).
Form of application
There is no specific form required for the application. It is sufficient if there is a clear request for a residence permit for a specific purpose of staying in Germany. An explicit statement of the legal basis is not required. Nevertheless, it is advisable to submit the application in writing and include the relevant circumstances and all necessary documents. This is important, if only to have proof that a residence permit has been applied for in case of doubt.
Representation when submitting an application
The application must be submitted by the foreign national themselves. However, it is possible to grant a power of attorney (e.g., to a lawyer specializing in immigration law). The authorized representative must provide proof of written authorization upon request ( Section 14, Paragraph 1, Sentence 3 of the Administrative Procedure Act ). Particularly relevant: Spouses may not automatically represent each other —even if foreign law provides for this. German administrative procedural law applies exclusively. This regulation serves, in particular, to protect against forced marriages, for example, in the context of family reunification.
2. Apply for a residence permit without an appointment
Many skilled foreign workers and immigrants believe that an application for a visa or residence permit can only be submitted during an appointment at the immigration office or a German diplomatic mission abroad. However, this is a widespread misconception . In fact, the Residence Act does not stipulate any specific form for submitting an application . Therefore, an application can also be legally submitted in writing, by email, or via an online contact form. The frequently requested appointment at the immigration office primarily serves to verify identity and collect biometric data (e.g., fingerprints), but is not a legal requirement for submitting an application.
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Lawyers and professional relocation service providers use precisely this approach: They first submit the application digitally – for example, by email or contact form – along with all required documents. The responsible authority then reviews the documents and subsequently invites you to an appointment if necessary for further processing. This procedure is not only legally compliant, but in practice is often also more efficient and faster – especially when authorities are busy or there are long waiting times for an appointment.
3. Application and action for failure to act
Many applicants submit their residence permit application only during their personal appointment at the immigration office or embassy. However, from a legal perspective, this is not recommended – on the contrary: It is actually advisable to submit the application in advance, either in writing or online . Waiting times for appointments at immigration offices or German diplomatic missions abroad can stretch to weeks, months, or even years. This valuable time is lost if you wait until the appointment to submit your application.
However, if the application is submitted in advance by email, mail, or via an online contact form, the statutory processing period of three months begins upon receipt of the application, in accordance with Section 75 of the Administrative Court Act (VwGO) . If the authority does not respond within this period, you can file a lawsuit for failure to act. This is an effective legal means of enforcing your rights. However, if you submit an application at the in-person appointment, the three-month period only begins from that point onward—and you lose valuable time.
4. Application and fictitious effect
If you submit an application to extend your residence permit in good time, the so-called fictitious effect takes effect according to Section 81 Paragraph 3, Paragraph 4 of the Residence Act . This means: Your stay in Germany remains permitted until the immigration authorities have decided on your application - even if your original permit has expired in the meantime. However, the fictitious effect only applies if you submit the application before your current residence permit expires. The same applies to third-country nationals who entered the country without a visa: The application must be submitted within the visa-free period of stay. So don't wait for an appointment at the immigration authorities, but submit your application in good time - e.g. by email, post or using the authority's online contact form.
Further information and practical advice on the fictitious effect under the Residence Act can be found in our detailed VISAGUARD article on the fictitious effect .
Summary of this Page
According to Section 81 (1) of the Residence Act (AufenthG), applying for a residence permit generally requires an informal application that is not tied to an appointment with an official authority. Many applicants wait for an appointment with the immigration authorities – but a written application via email, mail, or online contact form is legally sufficient. Crucially, the fictional effect under Section 81 (3) of the Residence Act only applies if the application was submitted in good time before the residence permit expires. Those who act early not only benefit from the start of the three-month period under Section 75 of the Administrative Court Code (VwGO) for a possible action for failure to act, but also ensure more efficient processes.
