Most of the rules governing entry and stay are found in the Residence Act. Additional rules are specified in the Ordinance Governing Residence (Aufenthaltsverordnung, AufenthV) and the Ordinance on the Employment of Foreigners (Beschäftigungsverordnung, BeschV). The Residence Act does not apply to EU citizens, who are entitled to freedom of movement and their family members, nor to diplomats.

As a rule, third-country nationals require some type of residence permit.

Residence permits are issued in the form of a plastic card in credit-card format. Inside the card is a computer chip on which the holder’s personal information (name, date of birth, nationality, address) and biometric data (photograph and fingerprints) are stored, along with any restrictions that apply to the holder.

Length of stay

The requirements for staying in a Schengen country, including Germany, for up to 90 days within a 180-day period are governed by EU law. Such stays are possible for the purpose of tourism, to visit friends or family, or on business.

Permanent settlement permits and EU long-term residence permits do not have a date of expiry.

The other types of residence permits are issued for a limited period of time. They may be extended if the holder still meets the requirements that applied when the permit was initially issued. When extending residence permits, the authorities usually check whether the holder has met any applicable requirements to take an integration course.

Purpose of stay

A residence permit can only be issued for a specific purpose. A residence permit is issued subject to different requirements depending on this purpose.

The EU Blue Card is the most important residence permit for skilled workers with academic training. It offers certain advantages, such as

• eligibility for a permanent settlement permit after fewer years of lawful residence
• fewer requirements for the subsequent immigration of family members

And holders of an EU Blue Card may leave Germany for up to 12 months without the card expiring; most other types of residence permit expire if the holder remains outside of the country for more than six months.

The ICT Card and Mobile ICT Card are special residence permits for intra-corporate transfers of executives, specialists and trainees. These permits are issued for third-country nationals who are transferred for a short time to work at the German branch of a company based outside of the EU.

Permanent settlement permits and EU long-term residence permits are issued for multiple purposes. Third-country nationals holding these types of residence permits have many of the same rights as German citizens, such as access to the labour market and to social services.

Most of the requirements for these permits are regulated in section 9 and sections 9a to 9c of the Residence Act. Specific groups of persons, such as highly qualified workers and recognised refugees, are exempt from certain requirements. The main difference between a permanent settlement permit and an EU long-term residence permit is that the latter includes the right to live in an EU member state other than Germany.

Employment and self-employment

A residence permit generally entitles the holder to pursue employment or self-employment unless this is prohibited or otherwise restricted by the Residence Act or another law. The specific residence permit must show whether employment or self-employment is allowed or is subject to certain restrictions.

Exceptions in case of hardship

Germany’s federal states have the option of creating hardship commissions (section 23a of the Residence Act) to conduct hearings in special cases and to recommend granting a temporary residence permit even if the usual legal requirements are not met. In this case, special, exceptional humanitarian grounds, among other things, are needed. But even in such cases, it is generally impossible to grant a temporary residence permit to someone who has committed a serious crime.

Responsible authorities

The Federal Foreign Office’s diplomatic representations abroad issue visas. All other types of residence permits are issued by the foreigners authorities in Germany. The foreigners authorities are also the first point of contact for all questions on specific cases in these areas.

General questions about the Residence Act may also be directed to the Federal Office for Migration and Refugees (BAMF) on +49 (0) 911 943-0 or at info@bamf.bund.de

Stacks of passports (Larger version opens in new window) Source: BPol

Unlawful entry

The entry of a third-country national into the federal territory is unlawful if the third-country national

• does not have the necessary residence permit and the necessary passport or passport substitute (section 14 of the Residence Act);
• is subject to a ban on entry;
• enters without a temporary entry permit (section 14 in conjunction with section 11 of the Residence Act).

Illegal entry and residence in the federal territory are punishable.

According to the Residence Act, overland, air and sea transport companies may only transport third-country nationals to Germany if these passengers have the necessary passports and visas. This is intended to prevent illegal entry and illegal employment.

If third-country nationals are denied entry at the border, the transport company that brought them is required to take them back to their point of departure.