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Tag Archive: German Residence act

  1. German Immigration Law provides four ways for foreigners to obtain a Residence Permit in order to work or invest in Germany

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    The UK, Australian or Canadian immigration system consists of a points based system that scores applicants on various criteria to assess their eligibility to obtain work or study visa in these countries.

    The UK recently reformed Tier 1 and 2 of its Point based system by introducing various amendments.

    The UK therefore created a new prospective entrepreneur category or created a new category in Tier 1 of the Points-Based System for “exceptionally talented economic migrants“.

    They also implemented changes to the Tier 1 categories for Entrepreneurs and Investors in order to attract foreigners willing to invest money in the UK.

    In Germany no such flexible points system exists. This is mainly because of political reasons but also because of the civil law background of the German Immigration Law.

    However, in recent years the German immigration law became more liberal and flexible in order to motivate more well-qualified people to come to Germany and live and work here.

    The German residence act generally differentiates between three different kinds of resident titles:

    – the visa
    – the temporary residence permit (“Aufenthaltserlaubnis”).
    – The permanent settlement permit (“Niederlassungserlaubnis”).

    German_Residence_Titles

    Generally the German Immigration Law provides four ways for foreigners to obtain a Residence Permit in order to work or invest in Germany.

    1. Temporary Residence permit („Aufenthaltserlaubnis“) according to s 18a, 18b, 18g German Residence Act

    According to section 18a, 18b or 18g of the German German Residence Act (Aufenthaltsgesetz) a foreigner might get a temporary residence permit if he takes up a job in Germany.

    In this case the foreigner would have to go to the German embassy in his home country in order to file an application for the work visa and he would have to produce several documents like his passport, his CV, the employment confirmation of his future employer in Germany (e. g. a draft work contract) or his university degree etc.

    The embassy will pass the case on to the Federal Office of Administration (Bundesverwaltungsamt) in Cologne which will contact the responsible immigration authority (e. g. if he wants to take up a job in Hamburg, the immigration authority in Hamburg will be responsible for the case).

    Since 2020 the Federal Employment Agency (Bundesagentur für Arbeit) will not search for privileged German applicants before the residence title is granted to the foreigner, if the foreign applicant has a university degree or a vocational degree.

    If the other requirements are fulfilled (sufficient means of subsistence, identity is clarified, etc.) the embassy will issue the residence permit to the applicant.

    2. Temporary Residence permit („Aufenthaltserlaubnis“) according to s 21 German Residence Act

    According to s 21 of the German Residence Act a foreigner might also qualify for a temporary residence permit if he starts to work in Germany on a freelance basis.

    The residence title according to s 21 German Residence Act may only be granted, if

    1. an overriding economic interest or a special regional need applies,

    2. the activity is expected to have positive effects on the economy and

    3. personal capital on the part of the foreigner or a loan undertaking is available to realise the business idea.

    There is no minimum amount of investment or job creation requirements anymore. The authorities are just checking, if the business idea is feasible and if the targeted business is likely to suceed. The feasibility of the business idea depends on various factors. Most crucial is the business plan of the applicant.

    The Assessment of the prerequisites shall focus in particular on the viability of the business idea forming the basis of the application, the foreigner’s entrepreneurial experience, the level of capital investment, the effects on the employment and training situation and the contribution towards innovation and research.

    The competent bodies for the planned business location, the competent trade and industry authorities, the representative bodies for public-sector professional groups and the competent authorities regulating admission to the profession concerned shall be involved in examining the application.

    3. Temporary Residence permit („Aufenthaltserlaubnis“) for research purposes according to s 18d German Residence Act

    According to s 18d German Residence Act a foreigner shall be granted a residence permit for research purposes where

    a. he or she has concluded an effective admission agreement for the purpose of carrying out a research project with a recognized research establishment in Germany,

    b. the recognized research establishment has undertaken in writing to bear the costs accruing to public bodies up to six months after termination of the admission agreement for

    aa) the foreigner’s subsistence during an unlawful stay in a Member State of the European Union and

    bb) deportation of the foreigner.

    4. Temporary Residence permit („Aufenthaltserlaubnis“) for investors planning to invest in Germany according to s. 7 (1) German Residence Act

    As mentioned above the UK recently implemented changes to its immigration system in order to enable wealthy investors to settle in the UK.

    Foreigners investing a certain amount of money may apply for settlement after some years.

    The German Residence Act in contrast provides no specific provision regarding the settlement of wealthy foreigners planning to invest in Germany.

    Therefore each case has to be assessed individually by applying the general provision regarding the German temporary residence permit, namely s 7 (1) German Residence Act.

    Section 7 (1) German Residence Act states: “In justified cases, a residence permit may also be issued for a purpose of residence which is not covered by this Act.”

    Each German immigration office has therefore got a very wide scope of administrative discretion regarding each application of investors planning to invest and settle in Germany.

    You will find an overview here

    German Law Firm providing legal advice on German Immigration Law worldwide

  2. Overview of German Residence titles like Visa, temporary residence title (“Aufenthaltserlaubnis”), permanent residence title (“Niederlassungserlaubnis”)

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    Inhaltsverzeichnis:

    To stay in Germany legally, a foreign person needs a German residence title.

    The German Residence act generally differentiates between three different kinds of residence titles:

    – The visa (“Visum”) for a short visit, entry or stopover.
    – The temporary residence permit (“Aufenthaltserlaubnis”) for a specific reason,
    usually only for a temporary stay
    – The settlement permit (“Niederlassungserlaubnis”) which is usually
    permanent.

    German_Residence_Titles

    All of these residence titles are granted only after a successful official application procedure.

    A German Visa (“Visum”)

    All third country nationals (e. g. Egypt, Algeria, China, India, Lebanon, Morocco, Philipines, Indonesia, Thailand, Russia, Syria, Tunesia, Turkey, Ukraine, Belarus) who are subject to visa obligation to enter into Germany are obliged to present themselves personally at the German Embassy or Consulate in their home country.

    To apply for the Schengen Visa, the applicants must generally fill-in and personally sign a visa application form and provide further documents like:

    – A passport valid at least three months beyond the expiry date of the visa requested;
    – Passport photos.
    – Travel insurance of at least EUR 30.000.
    – Proof of economic means of support to cover the stay (e.g. credit cards, travellers’ cheques, etc.).
    – Proof of accommodation.
    – Supporting documents regarding the purpose of the visit.
    – Documentation regarding means of transportation and return to the country of origin/residence.
    – Documentation proving the social-professional status of the applicant (proof of employment, study certificate, etc);
    – Visa fees to be paid upon application

    B. German temporary residence permit (“Aufenthaltserlaubnis”)

    An Aufenthaltserlaubnis is a temporary residence permit, granted for a specific purpose. The Aufenthaltserlaubnis is generally valid for a year and is usually extended when the purpose of the stay persists.

    Apart from being extendable there are also other rights connected to the purpose of a stay, for example the right to work and the right to receive social security benefits.

    There are a lot of reasons to get the Aufenthaltserlaubnis, for example the immigration of spouses of German or foreign residents living in Germany (“Ehegattennachzug”), the immigration of family members of German or foreign residents in Germany (“FamiliennachzuG”), the immigration of highly qualified persons or the immigration because of humanitarian reasons.

    C. German permanent residence permit (“Niederlassungserlaubnis”)

    The German Niederlassungserlaubnis is a permanently valid residence title, which doesn`t have to be renewed during the stay of the foreigner.

    The Niederlassungserlaubnis will be granted for example, if the foreigner has had an Aufenthaltserlaubnis for five years, has sufficient income, accommodation and can show proof of 60 months of paid state pension contributions.

    Spouses of Germans can receive the Niederlassungserlaubnis after three years, if their marriage is still intact and they can show proof of sufficient income.

    German lawyers providing legal advice on German immigration law