Aliens law: Purposes of residence under the Residence Act for obtaining a residence permit

Article updated in November 2023 due to the implementation of the requirements of Directive (EU) 2021/1883 by the German legislator

The Act on the Residence, Employment and Integration of Foreigners in Germany (Residence Act, AufenthG) regulates the requirements for the following residence titles:

- the visa
- the (temporary) residence permit (this also includes the EU Blue Card)
- the (permanent) settlement permit

The following standard requirements must be met for the issue of all of these residence permits in accordance with Section 5 (1) AufenthG:

- Securing your livelihood
- Proof of identity and nationality
- Fulfilment of the passport obligation
- No reason for deportation (e.g. criminal offences)
- No impairment or jeopardisation of German interests for any other reason

In addition to these general requirements, further special requirements must be met in order to obtain a residence permit, depending on the purpose of residence.

The various purposes of residence for which a residence permit can be issued are described below.

These purposes of stay can be roughly categorised into four groups:

Residence on humanitarian grounds

Humanitarian residence permits now form a very complex system in their own right (Chapter 2 Section 5 AufenthG, §§ 22-26, 104c). Typical constellations:

1. Residence permit for persons entitled to protection (§ 25 para. 1-3 AufenthG)

   • Persons entitled to asylum and recognised refugees receive a residence permit in accordance with Section 25 (1) or (2) AufenthG.

   • Persons with a ban on deportation due to their destination country (Section 60 (5), (7) AufenthG) can receive a residence permit in accordance with Section 25 (3) AufenthG.

2. Humanitarian residence permit in the event of obstacles to departure (Section 25 (5) AufenthG)
   If leaving the country is impossible in the foreseeable future for legal or factual reasons and the stay is not only to be tolerated in the short term, a residence permit „may“ be issued.

   • In practice, Section 25 (5) is important in cases of serious illness or inability to travel.

3. Right of residence regulations for well-integrated persons (Sections 25a, 25b AufenthG)

   • § Section 25a AufenthG gives well-integrated young people and young adults (and their families) the prospect of remaining in Germany after attending school or training in Germany for several years.

   • § Section 25b of the Residence Act („Granting of residence in the case of sustainable integration“) is aimed at adults who have been tolerated for many years and can prove their integration. The provision has since been intensively concretised through case law and ministerial application notes.

   The Federal Administrative Court has specified the requirements in several decisions:

   • All periods during which the person concerned was tolerated, permitted or in possession of a residence permit or could not be deported for legal or factual reasons are decisive for the required periods of prior residence (BVerwG 18.12.2019 - 1 C 34.18).

   • In a recent judgement dated 25 September 2020, the court clarified that other reasons for a lack of income must not be taken into account in the event of an inability to earn a living due to illness. The only decisive factor is that the illness prevents earning capacity (BVerwG 1 C 17/24, press release no. 67/2025).

4. Opportunity right of residence (§ 104c AufenthG)
   Since 31 December 2022, persons who have been tolerated for many years can be granted a right of residence for a limited period of 18 months if they have been in Germany for at least five years on 31 October 2022 and meet certain integration requirements.

   • The aim is to fulfil the requirements for permanent residence in accordance with Section 25a or Section 25b AufenthG during this period. In a judgement of 27 February 2025 (1 C 13.23), the Federal Administrative Court emphasised that Section 104c AufenthG is not a „simplified Section 25a“, but an independent interim title to which the legislator may certainly apply stricter requirements.

   • Applications can only be submitted until 31 December 2025, after which the transitional arrangement expires.

5. Other humanitarian residence permits
   In addition, there are, for example.

   • admission from abroad for urgent humanitarian or political reasons (Sections 22, 23, 23a AufenthG),

   • Temporary protection in the event of a mass influx (Section 24 Residence Act - currently particularly relevant for refugees from Ukraine).

What is important in practice: In many humanitarian titles, Section 5 (3) AufenthG expressly stipulates that the general conditions for granting a residence permit (in particular securing a livelihood and visa requirements) can or must be waived.

Residence for the purpose of study and training

Residence for the purpose of training is regulated in Sections 16-17 AufenthG and has been made significantly more flexible by the 2020 and 2024 reforms.

1. Vocational training and further vocational training (§ 16a AufenthG)

   • The residence permit can be issued for in-company or school-based qualified vocational training as well as for further vocational training.

   • Since 1 March 2024, trainees have been allowed to work up to 20 hours per week alongside their training - previously it was 10 hours.

   • In the case of qualified vocational training, proof of sufficient German language skills is required, unless these have already been tested by the educational institution or acquired through a preparatory language course.

   Case law often deals with the question of whether an application is sufficiently specific and whether there is a genuine training place. For example, the Gelsenkirchen Administrative Court ruled in 2023 that mere announcements of „wanting to start training at some point“ are not sufficient for a change of purpose to a residence permit in accordance with Section 16a AufenthG.

2. Study (§ 16b AufenthG)

   • A residence permit for studying generally requires admission to a German university or to preparatory study programmes.

   • Since 2024, students can work up to 140 (instead of the previous 120) full days per year during their studies; part-time jobs are converted pro rata.

   • The courts emphasise that a residence permit to study requires that the studies are feasible. If there is neither an admission nor a serious application to study, there is no entitlement to § 16b AufenthG (e.g. VG Düsseldorf, decision of 18 July 2023 - 22 L 1063/23).

3. Language courses and school attendance (§ 16f AufenthG)

   • A residence permit can be issued for language courses or attending certain schools; however, access is more restricted here than for studying, particularly with regard to the duration and permitted scope of gainful employment.

4. Residence permit for vocational training for persons obliged to leave the country (§ 16g AufenthG)

   • Since 1 March 2024, there has been a residence permit for vocational training (Section 16g) specifically for foreigners who are obliged to leave the country, which is an alternative to the previous „Ausbildungsduldung“. One of the prerequisites is that they have started or have been promised qualified vocational training.

5. Search for a training or study place (§ 17 AufenthG)

   • Anyone who has not yet reached the age of 35 and is able to earn a living can obtain a residence permit to look for a training or study place.

Residence for the purpose of gainful employment - skilled workers, Blue Card and Opportunity Card

The area of gainful employment has been greatly expanded since the Skilled Immigration Act 2020 and its further development in 2023/2024 (Section 4, §§ 18-21, 19c, 19d, 20a, 20b AufenthG).

1. Skilled workers with vocational or academic training (Sections 18a, 18b AufenthG)

   • A skilled worker is a person who has a German, recognised foreign or comparable professional or university qualification (Section 18 (3) AufenthG).

   • § Section 18a AufenthG allows skilled workers with vocational training to pursue „any qualified employment“. The previously mandatory priority check by the Federal Employment Agency has largely been dropped; however, its approval is still required in many cases.

   • § Section 18b AufenthG regulates the residence permit for skilled workers with an academic qualification; here, too, activities can be pursued that correspond to the qualification without being restricted to a specific shortage occupation.

   Anyone who has worked as a skilled worker in Germany for several years can obtain a settlement permit in accordance with Section 18c AufenthG under simplified conditions. Depending on the case constellation, three years of previous residence as a skilled worker and 36 months of contribution periods in the statutory pension insurance scheme are sufficient for this.

2. EU Blue Card (§ 18g AufenthG)

   • The EU Blue Card is a special residence permit for academic specialists with a certain minimum income.

   • The 2023 reform significantly lowered the salary thresholds and expanded the list of permitted occupational groups; in 2025, the minimum salary threshold will be 50 % of the contribution assessment ceiling for statutory pension insurance (2025: €53,130 annual gross salary or €4,425 monthly gross salary in many cases).

   • The EU Blue Card facilitates, among other things, the subsequent change to a permanent residence permit (Section 18c (2) AufenthG) and mobility within the EU.

3. Employment with strong practical vocational skills and special programmes (§ 19c, § 19d AufenthG)

   • § Section 19c AufenthG - based on the Employment Ordinance - opens up numerous special titles, for example for IT specialists without a formal qualification or for artists, professional athletes and certain seasonal jobs.

   • Since 1 March 2024, Section 19d AufenthG has provided a residence permit for „qualified tolerated persons for the purpose of employment“, which is designed as a follow-up title to the tolerated employment permit.

4. Opportunity card (§§ 20a, 20b AufenthG)

   • Introduced on 1 June 2024, the Chancenkarte is a new points-based residence permit for job-seeking purposes or to prepare for the recognition of foreign professional qualifications.

   • Points are awarded for qualifications, language skills, work experience, age and connection to Germany, among other things. During the period of validity (usually one year), limited gainful employment is possible in order to facilitate transitions to regular employment.

5. Self-employment (§ 21 AufenthG)
   Self-employed persons and company founders can be granted a residence permit if there is an economic interest or regional need, the activity is expected to have a positive impact on the economy and financing is secured. Among other things, the Skilled Immigration Act has relaxed the age limits and made the capital requirements somewhat more flexible.

Stay for family reasons

Family reunification is regulated in Section 6 of the Residence Act (Sections 27-36a, 37, 38, 38a AufenthG). The provisions are closely linked to the fundamental right to protection of marriage and family under Article 6 of the German Basic Law, but are also limited by migration policy requirements.

1. General (§ 27 AufenthG)
   § Section 27 formulates the principle of family reunification, but also contains grounds for refusal, for example in the case of marriages of convenience or forced marriages.

2. Family reunification with Germans (§ 28 AufenthG)

   • Spouses, minor children and parents of a minor German child are generally entitled to a residence permit if the German reference person has their habitual residence in Germany.

   • Reunification with Germans is privileged: The requirement of securing a livelihood is to be regularly waived for the reunification of spouses.

   • Case law repeatedly emphasises that Article 6 of the Basic Law and Article 8 of the ECHR provide an effective possibility of Family reunification Nevertheless, language requirements, visa requirements and security interests may justify restrictions.

3. Family reunification with other foreigners (§§ 29-32, 36 AufenthG)

   • §§ Sections 29-32 regulate the reunification of spouses and children with foreigners with a residence permit; here, securing a livelihood plays a greater role than in the case of reunification with Germans.

   • § Section 36 AufenthG allows other family members (e.g. parents to adult children) to join them in narrow exceptional cases to avoid „exceptional hardship“. The hurdles are high; case law requires an overall view of the family, health and social circumstances (see, for example, VG Munich, judgement of 02.05.2023 - M 4 K 23.411).

4. Family reunification for beneficiaries of subsidiary protection (§ 36a AufenthG)

   • § Section 36a AufenthG conclusively regulates family reunification with beneficiaries of subsidiary protection. The Federal Administrative Court clarified in 2024 that recourse to the humanitarian provision of Section 25 (5) Residence Act is not permitted if the legal impossibility of leaving the country results solely from family ties (Federal Administrative Court, judgement of 26 September 2024 - 1 C 11.23).

   • Since 24 July 2025, family reunification with persons entitled to subsidiary protection has been largely suspended for two years (up to and including 23 July 2027); visas will only be issued in strictly limited cases of hardship. This is based on the Act on the Suspension of Family Reunification with Persons Entitled to Subsidiary Protection and the information provided by the Federal Foreign Office.

5. Other family residence permits (Sections 37, 38, 38a AufenthG)

   • § Section 37 of the Residence Act („right to return“) allows, under certain conditions, the return of persons who have lived legally in Germany for a longer period of time as minors.

   • § Section 38 AufenthG regulates residence permits for former Germans.

   • § Section 38a AufenthG applies to persons who already have the status of „permanent resident“ in another EU country. The ECJ ruled in 2023 that this status must also continue to exist for the renewal of the Section 38a title; it must therefore not have expired in the first state.

Further information and conclusion

The Residence Act has been in a state of flux in recent years:

• In the area of labour migration, access options for skilled workers have been expanded and a completely new way of finding work has been created with the opportunity card.

• Humanitarian titles such as §§ 25a, 25b and the right of residence with opportunities create clear prospects for well-integrated, previously tolerated persons to stay - albeit with sometimes demanding requirements that are constantly being concretised by case law.

• When it comes to family reunification, the protection of marriage and family and the interests of migration policy are particularly at odds with each other; this is demonstrated not least by the current suspension of family reunification for persons entitled to subsidiary protection.

For those affected, this means that it almost always depends on the specific purpose of residence, the individual biography and often also on detailed questions of jurisdiction. Particularly in the case of transitions between different titles (e.g. from a right of residence with opportunities to a residence permit under § 25a or § 25b, from studying to working as a skilled worker or in the case of complex family reunification), a precise examination of the requirements and deadlines is essential.

Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty.
The content of this article has been carefully researched and corresponds to the status of legislation and case law in November 2025. The subject matter is complex and subject to frequent changes. No liability can therefore be accepted for completeness and accuracy; this article does not replace individual legal advice.

If you need legal advice, please call us without obligation on 0221 - 80187670 or send us an e-mail to info@mth-partner.de.

Lawyer Helmer Tieben from Cologne advises you on immigration law.