German Immigration Law: Specific purposes to get the German temporary residence title (Aufenthaltserlaubnis)

The German law on residence, employment and integration of foreigners (German residence act, Aufenthaltsgesetz, AufenthG) governs the conditions and procedures for the entry, residence, exit or the removal of foreign nationals in the German territory, as well as the status of long-term residents.

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

For each of these residence titles, the following general conditions have to be fulfilled by the applicant according to section 5 (1) of the German residence act:

– sufficient means of subsistence during the period of stay.
– the identity and nationality of the applicant has to be clarified.
– the applicant has to have a valid and recognized travel document (passport).
– the absence of reasons for deportation (criminal convictions are an example for a reason for deportation).
– there are no other reasons endangering the interests of the German state.

Moreover, the temporary residence title (“Aufenthaltserlaubnis”) is only granted for s specific reason.

This article intends to give an overview of these different kinds of reasons to get the temporary residence title.

A.) Temporary residence permit for humanitarian reasons

There are several ways for a foreign person to get a German temporary residence permit because of humanitarian reasons:

– According to s 25 of the German residence act a foreign person might get a temporary residence permit, if the Bundesamt für Migration und Flüchtlinge (Federal Office for Migration and Refugees) testified the refugee or asylum status of the foreign person.

– According to s 25 of the German residence act a foreign person might get a temporary residence permit, if the departure of the foreign person is not possible because of specific personal reasons of the person.

– According to s 23 of the German residence act a foreign person is also entitled to get a temporary residence permit, if the person has the right of abode because of political or humanitarian reasons.

– The foreign person might also get the temporary residence permit, if his or her deportation is forbidden because of the conditions in his or her home country (e. g. a war situation).

B.) Temporary residence permits for study purposes

There are various ways for a foreign person to get a German temporary residence permit for study purposes:

– According to s 16 of the German residence act a foreign person might be entitled to get a temporary residence permit if the person wants to apply for studies, wants to take up studies or wants to prepare for studies in Germany (e. g. a language course).

– According to s 16 of the German residence act a foreign person might get a temporary residence permit if the foreign person finished his or her studies and wants to apply for a job or wants to start a job.

– The foreign person might also get a temporary residence permit if he or her wants to take a language course without the intention to study.

– According to s 17 of the German residence act the foreigner might get the temporary residence permit if he or she does training for improving his or her job performance.

C.) Temporary residence permits to work (Employment or freelance/self employment)

The foreigner might get the temporary residence permit if he or her takes up a job in Germany or wants to start a business:

– According to s 18 of the German residence act a foreigner might get the permit in order to work in Germany if the Bundesagentur für Arbeit (Federal Employment Services) agreed to it.

– According to s 20 of the German residence act a foreign person might get the temporary residence permit to do research in Germany.

– According to s 21 of the German residence act a foreign person might get the permit to start a business in Germany.

D.) Temporary residence permit for family reasons

There are also various ways for a foreign person to get a German temporary residence permit because of family reasons:

– According to s 28 of the German residence act the foreign spouse of a German national, the child of a German national or the parents of a German child might get the permit if the German national has his or her habitual abode in Germany.

– According to s 29 of the German residence act the foreign relatives of a foreigner might get the permit if the foreigner lives in Germany legally.

– According to s 30 of the German residence act the foreign spouse of a foreigner might get the permit if the foreigner lives in Germany legally.

– According to s 31 of the German residence act the spouse of a German national might receive an independent right of residence after living some time in Germany and might therefore be entitled to get the temporary residence permit.

– The child of a foreign person living in Germany might be entitled to get the residence permit according to s 32 of the German residence act.

– The parents or other relatives of a foreign child living in Germany might get the residence permit according to s 36 of the German residence act.

– The foreigner might be entitled to get the residence permit if the foreigner has been living in Germany legally as a child.

– Former German nationals might get the temporary residence permit according to s 38 of the German residence act.

German law firm giving legal advice on German immigration law.

Wenn Ihnen dieser Artikel gefallen hat, wurden wir uns freuen, wenn Sie den Beitrag verlinken oder in einem sozialen Netzwerk teilen.

3 Comments

  1. bate

    mein partner haben §25abs 5 und ich asly und wer habe eine baby,müssen ich an aufenthalt tites

  2. Suresh Kumar mittal

    I’m interested to move in Germany with family (work and TRP visa). Plz help me apply my visa. Thanks

  3. Good day Helmer,
    I am a Nigerian residence in Germany. I have gone through your website, you are the type of lawyer I need, I have residence and have being working in Germany for almost Five years now. I will go for the renewal of my residence next month been feb. 2019 but I wish to have a lawyer like you in case. I am living in Dieburg, hope you can file application any where in Germany? I try to reach you through your email address all in vain. i wish to have your reply. Thanks, Peters

Leave a comment