Extension of residence permit
All information on the requirements for extending your residence permit.
Here you learn ...
when the residence permit can be extended
when you have to attend an integration course for the extension
which residence permits cannot be extended
Apply for an extension of your residence permit without an appointment
Table of Content
1. Extension of residence permit
2. When will the residence permit be extended?
3. Extension and discretion
4. Integration course and extension
5. Non-renewable titles
6. Extension and fictitious effect
7. Conclusion on the extension of the residence permit
1. Extension of residence permit
Many foreigners wonder whether their residence permit will be extended after it has been granted for the first time. In principle, the same regulations apply to the extension of the residence permit as to the granting of the residence permit (see Section 8, Paragraph 1 of the Residence Act ). Nevertheless, there are always numerous unanswered questions regarding the extension of the residence permit, which are answered below.
The extension of a residence permit must be fundamentally distinguished from a so-called change of purpose . A change of purpose of residence generally involves the granting of a new residence permit, so the corresponding requirements for the other purpose of residence must be met. The extension regulations for the previously granted residence permit no longer apply in this case. This article therefore only addresses the case where you apply for an extension with the same purpose of residence.
2. When will the residence permit be extended?
In order for a residence permit to be extended, the requirements for granting the residence permit must still be met. Any approval granted by the Federal Employment Agency for employment under a previous residence permit remains valid for the duration of its validity , provided the employment relationship is continued. When deciding on an extension, the immigration authorities will, in particular, examine whether the applicant's livelihood is still secure . In practice, this means that sufficient financial means must continue to be available to cover their living expenses and that the applicant has consistently paid their rent.
However, there are a few special features regarding the provision of livelihood when extending a residence permit for family reunification . This means that a residence permit for the purpose of joining a spouse can be extended even if their livelihood is not fully secured, as long as the marital relationship continues ( Section 30 (3) of the Residence Act ). The independent right of residence of divorced spouses can also be extended despite receiving social benefits ( Section 31 (4) of the Residence Act ). Furthermore, a residence permit granted to a child can be extended without the requirement of providing livelihood, as long as one parent with custody holds a residence permit, settlement permit, or EU long-term residence permit and the child lives with them as part of a family relationship ( Section 34 (1) of the Residence Act ).
3. Extension and discretion
The extension of a residence permit in Germany is not automatic. Even if a temporary residence permit was previously granted lawfully, this does not give rise to a legal entitlement to an extension (unless the legal basis is a corresponding entitlement). Instead, it is often a discretionary decision by the immigration authorities . When deciding on an extension, the authorities carefully examine whether an extension is possible, taking various legal principles into account. In particular, the principle of proportionality, the requirement of equal treatment and the protection of legitimate expectations play a central role. The decisive factor is whether ties worthy of protection have developed during the previous lawful stay in Germany - for example, personal, economic or other social connections to Germany. In this case, the discretion to extend the permit is generally exercised in the foreigner's favor.
4. Integration course and extension
The extension of a residence permit may then require proper participation in an integration course ( Section 8 (3) of the Residence Act ). According to the Residence Act, the obligation to attend is a key criterion in the decision on a residence permit. Failure to attend properly can have serious consequences. In discretionary decisions, the extension of a residence permit should be refused if there has been repeated and gross violation of the obligation to attend an integration course ( Section 8 (3) Sentence 2 of the Residence Act ). A violation is considered repeated if, despite prior warnings, regular attendance continues to be lacking. Gross means a particularly serious and obvious violation - e.g. repeated unexcused absence despite being informed of the consequences. Illness with a medical certificate does not count as a gross violation.
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However, there are numerous exceptions to the obligation to attend an integration course to extend your residence permit. First of all, you must have been obliged in writing to attend an integration course when your residence permit was first issued. This is relatively rare in the case of skilled immigration if you hold a recognized university degree. There is no obligation to attend an integration course if there is a “ recognizably low need for integration ” ( Section 44 (3) Sentence 1 No. 2 of the Residence Act ). A “recognizably low need for integration” is generally assumed if you have a university or university of applied sciences degree or a corresponding qualification and are employed which regularly requires a corresponding qualification ( Section 4 (2) of the IntV ). This will almost always be the case with academic skilled immigration. Holders of an EU Blue Card in particular do not have to attend an integration course to extend their residence permit. But there are also other cases where a residence permit can be extended without an integration course. One of our lawyers will be happy to advise you on this matter.
5. Non-renewable titles
Not every residence permit in Germany is extendable. According to Section 8, Paragraph 2 of the Residence Act, the immigration authorities can stipulate that an extension is excluded when issuing the residence permit. This legal option is used particularly in cases where a permanent residence permit is expressly not desired or is legally inadmissible.
Typical cases in which an extension is excluded are the following:
Seasonal workers : Persons who come to Germany for temporary, seasonal employment only receive a short-term residence permit, the extension of which is excluded from the outset.
Contract workers : Even in the case of contracts for work that only provide for a limited period of employment in Germany, the non-extendability of the residence permit is often stipulated by a secondary condition.
Specialty chefs : Residence permits for specialty chefs also often contain the additional condition “Extension of the residence permit is excluded (Section 8 (2) Residence Act)”.
Students and trainees : Residence permits for students and trainees are generally renewable. Non-extendability can only be assessed if there is no longer a serious intention to study or if the purpose of the training can no longer be achieved.
Participants in special postgraduate development cooperation programs: These individuals commit in advance to returning to their country of origin after completing their training. Therefore, an extension of their residence permit is excluded.
If you hold one of the above-mentioned residence permits and wish to extend your stay in Germany, it is advisable to consult a lawyer before your residence permit expires. They may be able to advise you on alternative residence options.
6. Extension and fictitious effect
Many foreign nationals believe that they must have their residence permit extended before it expires in order to continue to reside legally in Germany. However, this assumption is incorrect. What matters is not the actual extension of the residence permit before the expiry date, but that an application for an extension is submitted in good time . The crucial thing is that the application for an extension of the residence permit is received by the immigration authorities before the current residence permit expires - for example, by email, post or via an online form. If the application is submitted on time, the so-called fictitious effect according to Section 81 Paragraph 4 of the Residence Act takes effect.
The fictitious effect means that the previous residence permit is considered to be valid until the immigration authorities have decided on the extension application. Therefore, it is not necessary that the extension has already been granted; it is sufficient that the application was submitted before the expiration date. The immigration authorities will then usually issue a fictitious certificate . They will also independently schedule an appointment to review the extension.
Summary of this Page
The extension of a residence permit generally requires that the original conditions for its issuance continue to be met. This is not automatic – especially when it is a discretionary decision by the immigration authorities, which takes into account aspects such as integration efforts, livelihood security, and ties to Germany. A change in the purpose of stay must be strictly distinguished from an extension, as in such cases the requirements for a new residence permit must be met. Furthermore, there are residence permits for which an extension is legally excluded – for example, in the case of seasonal work or certain development cooperation programs. Finally, it is important that an extension application is submitted in a timely manner to trigger the fictitious effect according to Section 81 Paragraph 4 of the Residence Act. This ensures continued legal residence until the official decision is made.
