Responsibility of the immigration authorities
All information to determine the immigration authority responsible for your case.
Here you learn ...
what the immigration authorities are responsible for
how to determine the jurisdiction of the immigration authority
which immigration authority is responsible for the move
how you can prove your habitual residence
Table of Content
1. Responsibility of the immigration authorities
2. What is the immigration office responsible for?
3. Which immigration authority is responsible?
4. Identify the responsible immigration authority
5. Proof of habitual residence
6. Conclusion on jurisdiction
1. Responsibility of the immigration authorities
Applications for a residence permit must be submitted to the correct immigration authority . Given that there are 549 immigration authorities in Germany, it's not easy to determine which immigration authority is responsible. This is especially true if, for example, you have multiple apartments or if you've moved . If the application is submitted to the wrong immigration authority, a residence permit cannot be granted in most cases.
2. What is the immigration office responsible for?
The immigration authorities are key players in German residence law. They are responsible for a wide range of residence and passport-related measures, not only under the Residence Act (AufenthG), but also under other immigration law provisions, such as the Freedom of Movement Act/EU (FreizügG/EU) or the Asylum Act (AsylG). In addition to issuing residence permits, the immigration authorities are also responsible for administering the accelerated skilled worker procedure pursuant to Section 81a of the Residence Act , granting approval for family reunification, and carrying out deportations. Certain passport-related measures, such as issuing a travel document for foreigners ( Section 5 of the Residence Ordinance ), also fall within the substantive jurisdiction of the immigration authorities.
3. Which immigration authority is responsible?
The geographical jurisdiction of the immigration authorities in residence law is primarily based on the foreigner's habitual residence in the country ( Section 3 (1) No. 3 a) of the Administrative Procedure Act ). The decisive factor is where the person concerned is staying permanently - not just temporarily. In most cases this will be their place of residence , although this is not mandatory. In practice, the so-called registration certificate ( Section 18 of the Federal Ministry of Justice and Social Affairs Act ) must therefore always be submitted to the immigration authorities. This proves where the foreigner is registered or where they have their residence. However, submitting the registration certificate to prove the actual place of residence and the jurisdiction of the immigration authorities is only an administrative practice - legally speaking, the registration certificate is not mandatory to prove the jurisdiction of the immigration authorities.
Short-term interruptions such as vacation, hospital stays, or spa stays do not result in a loss of habitual residence. However, longer periods of education, illness, or deprivation of liberty may, under certain circumstances, establish a new habitual residence. Habitual residence abroad is also possible, although in most cases the residence permit will then expire (Section 51 (1) Nos. 6 and 7 of the Residence Act).
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If there is no habitual or last habitual residence in Germany, there is no locally competent immigration authority. In this case, the last known stay in Germany or the place where an official measure related to the planned re-entry is required is used as an alternative. If no jurisdiction can be established based on the stay, the so-called " occasion-based jurisdiction" applies. The immigration authority in whose district the reason for the official action arises is then responsible. This could be a planned deportation, expulsion, or an application for a residence permit.
4. Identify the responsible immigration authority
Which immigration authority is responsible for you can usually be determined by comparing your registration certificate and your municipality's website. In most cases, the immigration authority's jurisdiction is then relatively obvious. However, there are cases in which local jurisdiction may be questionable. This is the case in Hamburg, for example, where each district has its own immigration authority and there is also a higher-level immigration authority for skilled workers, the Hamburg Welcome Center. If you are unsure which immigration authority is responsible for you, you can use the BAMF jurisdiction finder . The interactive map lists all immigration authorities in Germany. All you have to do is enter your postcode on the map and the map will show you which immigration authority is responsible for you.
Problems can arise if you change your place of residence . This is especially true if the change occurs during an ongoing process. The immigration authorities are often confused if, for example, you have already deregistered at your old place of residence but have not yet received a registration certificate for your new place of residence. In this case, it is advisable to prove the jurisdiction of the immigration authorities at your new place of residence using alternative methods.
5. Proof of habitual residence
Many applicants and authorities assume that the registration certificate alone determines the immigration authority's jurisdiction. However, this is a misconception : Legally, the habitual residence is decisive, not just the registration. Jurisdiction is based on the applicant's habitual residence. This is not necessarily tied to a registered address, but rather results from the applicant's actual living circumstances .
Various forms of proof are considered to determine habitual residence and thus the competent immigration authority. These include, in particular:
Rental agreement or sublease agreement that certifies a longer-term stay,
Bank statements documenting regular expenses at the location in question,
Employment contract or study certificate with local reference,
Hospital stays that can be documented by medical certificates or discharge reports.
Especially in the case of a longer inpatient hospital stay, the actual stay can be proven, even if formal registration with the residents' registration office has not (yet) taken place. This is particularly relevant for the issuance of medical residence permits , as hospital patients often remain in the hospital permanently and do not have a residence at all.
Summary of this Page
The competent immigration authority is always the one with the "habitual place of residence." The usual place of residence is usually the place of residence, which is why the immigration authority's jurisdiction usually has to be proven by a registration certificate. However, this is not mandatory. Anyone who can provide plausible and verifiable evidence of their habitual residence can credibly demonstrate local jurisdiction to the immigration authority even without a registration certificate. This is particularly important if registration has not (yet) been possible for practical or health-related reasons.
