⭐⭐⭐⭐⭐ Google Reviews | ✓ 15+ years of experience | ✓ Specialised since 2010 | ✓ Law firm in Cologne-Südstadt
You need help with your visa, Residence permit or Asylum procedure? Lawyer Helmer Tieben has specialised in immigration law since 2005 and advises clients directly in Cologne's Südstadt district - 2 minutes from the Ulrepforte.
As an experienced lawyer for immigration law in Cologne, he represents clients in:
📞 Make an appointment now: 0221-80187670 or info@mth-partner.de
A lawyer for immigration law is recommended if:
→ A specialised lawyer can significantly increase the chances of success in legal action.
Aliens law is the area of law that regulates the residence, entry and gainful employment of foreign nationals in Germany. The most important legal basis is the Residence Act (AufenthG), which has been in force since 2005.
Aliens law covers the following areas:
| Range | Legal basis | Competent authority |
|---|---|---|
| Residence permit (visa, residence permit, settlement permit) | §§ 4-38a Residence Act | Foreigners' Registration Office / Embassy |
| Right of asylum | AsylG, Art. 16a GG | BAMF |
| Naturalisation | §§ 8-16 StAG | Naturalisation authority |
| Freedom of movement (EU citizens) | Freedom of Movement Act/EU | Immigration office |
| Deportation / Expulsion | §§ Sections 53-58a Residence Act | Immigration office |
Important: For EU citizens The Freedom of Movement Act/EU (FreizügG/EU) applies instead of the Residence Act. You do not require a residence permit, but you are obliged to provide proof.
A residence permit is an official authorisation that allows third-country nationals (non-EU citizens) to legally reside in Germany. According to § 4 Para. 1 AufenthG, all foreigners require a residence permit for entry and residence, unless otherwise stipulated by EU law or international law.
The Residence Act distinguishes between five types of residence permit:
| Residence permit | Validity | Prerequisites | Best choice for |
|---|---|---|---|
| Visa | Up to 90 days (Schengen) or longer (national) | Purpose of journey, willingness to return, proof of finances | Tourists, business travellers, first entry |
| Residence permit | Temporary (1-3 years) | Purpose of residence (work, family, study) | Employees, students, family reunification |
| EU Blue Card | Up to 4 years | University degree + certain salary | IT specialists, engineers, doctors |
| Settlement permit | Unlimited | 5 years residence (rule), B1 German, livelihood | Permanent residence in Germany |
| EU permanent residence permit | Unlimited | 5 years residence in an EU country | Mobility within the EU |
Depending on the reason for the stay, the law distinguishes between four categories:
The Cologne Foreigners' Registration Office (location: Dillenburger Str. 40, 50939 Cologne) currently has the following average processing times:
| Application | Legal deadline | Actual duration (Cologne) |
|---|---|---|
| Residence permit (first application) | 3 months | 4-6 months |
| Residence permit (extension) | 3 months | 2-4 months |
| Settlement permit | 3 months | 4-8 months |
| Naturalisation | 3 months | 12-16 months |
TipIn the event of excessive processing times, an action for failure to act in accordance with Section 75 VwGO can prompt the authority to process the matter more quickly. Attorney Tieben has thus significantly reduced the waiting time in many cases.
The required documents vary depending on the purpose of your stay. Here is a checklist for the most common cases:
A visa refusal is not the end. There are several legal remedies that you can lodge within certain time limits:
Step-by-step: Procedure for visa refusal
Overview: Legal remedies in immigration law
| Legal remedy | Deadline | Responsibility | When does it make sense? |
|---|---|---|---|
| Lawsuit (visa) | 1 month | VG Berlin | Unlawful rejection |
| Complaint (residence permit) | 1 month | Local VG (Cologne) | Rejection by foreigners authority |
| Urgent application (Section 80 (5) VwGO) | None (fast!) | VG | Deportation imminent, suspensive effect |
| Action for failure to act (Section 75 VwGO) | After 3 months | VG | Authority does not decide |
Frequent reasons for rejection and solutions
Problem: The embassy doubts that you will return to your home country after your visit.
Solution: Proof of ties in the home country: employment contract, property ownership, family members, bank statements, business participation.
Problem: The embassy assumes that the marriage was only concluded for the purpose of the residence permit.
Solution: Extensive documentation of the relationship: chat histories, photos taken together over a longer period of time, flight bookings, hotel bills, witness statements.
Problem: Proof of sufficient financial resources is missing or insufficient.
Solution: Declaration of commitment according to § 68 AufenthG, blocked account, proof of income of the inviting partner, scholarship certificate.
Naturalisation is the legal process by which a foreigner acquires German citizenship. The legal basis is the Citizenship Act (StAG). Germany distinguishes between two types of naturalisation:
| Kind | Legal basis | Prerequisites | Claim? |
|---|---|---|---|
| Naturalisation claim | § 10 StAG | 5 years, all requirements fulfilled | Yes - authority must naturalise |
| Discretionary naturalisation | § 8 StAG | Public interest, e.g. spouse of a German national | No - Discretion of the authority |
For the Naturalisation claim you must fulfil the following requirements:
The Cologne Naturalisation Office currently has long processing times:
Family reunification is the right of foreign nationals to bring their close family members (spouse, children and, under certain conditions, parents) to Germany. The legal basis is §§ 27-36a AufenthG.
Overview: Types of family reunification
| Kind | Legal basis | Prerequisites | Language certificate |
|---|---|---|---|
| Spousal reunification with Germans | § Section 28 Residence Act | Valid marriage, living space | A1 German (exceptions possible) |
| Spousal reunification with foreigners | § Section 30 Residence Act | Residence permit + subsistence + housing | A1 German |
| Child reunification | § Section 32 Residence Act | Minor, custody | No (under 16 years) |
| Parental reunification | § Section 36 Residence Act | Exceptional hardness | No |
🇹🇷 Family reunification from Turkey
Turkish nationals have been realised through the EEC-Turkey Association Agreement (ARB 1/80) extended rights. After 4 years of proper employment, there is free access to the labour market. Family members benefit from an independent right of residence after 5 years.
🇺🇦 Family reunification from Ukraine
Since 2022, special regulations have applied for Ukrainian war refugees in accordance with Section 24 of the Residence Act. Family reunification with persons with a residence permit under Section 24 is possible under simplified conditions.
🇮🇳 🇨🇳 Family reunification for skilled workers (e.g. India, China)
EU Blue Card holders have privileged regulations: The spouse does not need an A1 certificate before entering the country and receives a work permit immediately.
The right of asylum is a fundamental right under Article 16a of the Basic Law. It protects politically persecuted persons from deportation to their home country. The asylum procedure is regulated by the Federal Office for Migration and Refugees (BAMF) carried out.
| Protective mould | Legal basis | Residence permit | Family reunification |
|---|---|---|---|
| Authorisation for asylum | Art. 16a GG | 3 years, then settlement permit | Yes, privileged |
| Refugee protection | § 3 AsylG (GFK) | 3 years, then settlement permit | Yes, privileged |
| Subsidiary protection | § 4 AsylG | 1 year (+ extension) | Limited (contingent) |
| Ban on deportation | § Section 60 (5), (7) AufenthG | 1 year (+ extension) | No |
If your asylum application is rejected, you have the following options:
| Rejection as... | Time limit for action | Urgent application necessary? |
|---|---|---|
| Simply unfounded | 2 weeks | No (action has suspensive effect) |
| Obviously unfounded | 1 week | Yes (within 1 week) |
| Inadmissible (Dublin) | 1 week | Yes (within 1 week) |
ImportantThe deadlines are very short! If your application is rejected, you should contact a lawyer immediately.
Action for failure to act: What to do if the BAMF does not decide?
The BAMF is supposed to decide on asylum applications within 6 months. In practice, it often takes longer. According to § 75 VwGO, you can file an action for failure to act if:
Success rate: Actions for failure to act usually result in the BAMF making a decision within a few weeks in order to avoid court proceedings.
Deportation is the forced enforcement of the obligation to leave the country by the foreigners authority if a foreigner does not leave voluntarily. The legal bases are §§ 58-58a AufenthG.
Protection from deportation: legal options
| Legal remedy | Deadline | Effect |
|---|---|---|
| Urgent application § 80 para. 5 VwGO | Immediately (before deportation) | Suspension of deportation |
| Application for toleration | At any time | Temporary suspension |
| Hardship application | Before deportation | Residence permit for humanitarian reasons |
| Follow-up/second application (asylum) | For new reasons | New asylum procedure |
| Limitation of the entry ban | After deportation | Enables re-entry |
Important: When deportation is imminent, every hour counts. Call immediately: 0221-80187670
The EU Blue Card is a residence permit for highly qualified third-country nationals in accordance with Section 18g AufenthG. It enables access to the German labour market and offers an accelerated path to a settlement permit.
| Prerequisite | Standard occupations | Shortage occupations (IT, engineers, doctors) |
|---|---|---|
| University degree | Recognised in Germany | Recognised in Germany |
| Minimum salary (2025) | 50,760 € gross/year | 45,300 € gross/year |
| Employment contract | At least 6 months | At least 6 months |
The costs for legal representation in immigration law are based on the Lawyers' Fees Act (RVG)Here is an overview of the typical costs:
| Performance | Costs (according to RVG) | Hint |
|---|---|---|
| Initial consultation (up to 60 min.) | 100 - 190 € | Is taken into account when mandated |
| Extrajudicial representation | from 500 € | Depending on the effort |
| Administrative court action | from € 1,000 | Depending on the amount in dispute |
| Expedited proceedings (deportation) | from € 1,000 | Express surcharge possible |
| Complete asylum procedure | 3.000 - 5.000 € | Hearing + complaint |
📞 Call for an appointment Non-binding cost estimate: 0221-80187670
Initial situation: German embassy in Ankara refused the marriage visa. Reason: Suspicion of Marriage of convenience due to the short duration of the relationship (6 months).
Our strategy: Extensive documentation of the relationship: chat histories over 2 years, travelling together, photos of family celebrations, affidavits from witnesses. Legal opinion on the definition of a marriage of convenience in accordance with Section 27 (1a) AufenthG.
Result: Visa granted after 8 weeks of legal proceedings at the VG Berlin.
Initial situation: BAMF rejected asylum application (subsidiary protection instead of Refugee protection). Cologne Immigration Office announced deportation - deadline: 7 days.
Our strategy: Urgent application at the Cologne Administrative Court (Section 80 (5) VwGO). Argumentation: Deterioration of the security situation in the region of origin, medical treatment required in Germany.
Result: Deportation suspended, Tolerance issued for 12 months, followed by a residence permit.
Initial situation: Application for naturalisation was rejected due to a juvenile conviction (theft, 2 years ago). The client had been living in Germany for 12 years.
Our strategy: Appeal against the rejection. Reasoning: cancellation of the juvenile sentence, positive social prognosis, full integration (work, family, voluntary work).
Result: Naturalisation granted following an objection procedure.
If your visa is refused, you can lodge a complaint with the Berlin Administrative Court. The appeal period is 1 month. An urgent application is possible in urgent cases. A lawyer can check the chances of success and prepare additional documents.
For the Settlement permit according to § 9 AufenthG you need: 5 years residence permit, secure livelihood, 60 months pension insurance contributions, German language skills at B1 level, knowledge of the legal and social order as well as sufficient living space. Shorter periods of 21-33 months apply for certain groups (e.g. EU Blue Card)
Yes, there are several legal options: Urgent application to the administrative court (§ 80 Para. 5 VwGO), application for toleration, hardship application to the hardship commission, or a follow-up asylum application in the event of new reasons for flight. If deportation is imminent, quick action is crucial - every hour counts.
