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Laws on immigration law

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These laws apply to immigration law: Overview page of all laws in skilled immigration law.

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Here you learn ...

  • which laws apply to skilled immigration

  • where the respective laws are published

  • History of the amending laws on skilled immigration

  • international agreements on skilled immigration

Table of contents

1. Places of publication of laws

2. Residence laws in Germany

3. History of the right of residence

4. History of the amending laws (migration law)

5. Hierarchy of norms in residence law

6. Overview/Collection of Laws on Residence Rights

7. FAQ Laws on Skilled Immigration

8. Conclusion Laws on skilled immigration

1. Places of publication of laws

Laws in Germany are published in several official and freely accessible online locations . The most important source is the legal portal "Laws on the Internet" ( www.gesetze-im-internet.de ), operated by the Federal Ministry of Justice in cooperation with juris GmbH. Nearly all applicable federal laws and regulations are available there in their current wording.

In addition, the state law portals of the federal states also offer access to the respective state laws. Furthermore, specialist legal portals (some of which are fee-based) such as Beck-Online , juris , or dejure.org provide legal texts, often with commentaries, references to case law, and further information.

The Federal Law Gazette (BGBl.) is also published online and is the official source for new or amended laws. The law history at buzer.de is also useful. Buzer.de provides a complete history of changes to German laws.

2. Residence laws in Germany

German residence law is considered one of the most complex areas of law in terms of its sheer scope. Even for experts, it is difficult to gain a complete overview. While the basic principle appears simple at first glance: Every non-European foreigner requires a residence permit (with a few exceptions), the basis for a residence permit or the corresponding grounds for residence are extremely complex: Depending on the legal situation, there are around 150 different grounds for residence . These can be divided into categories such as purpose of residence (e.g., education , employment , humanitarian reasons , family reunification ), nationality, (e.g. privileged states) and length of stay (up to 90 days ( Schengen visa ), over 90 days ( National D visa ), unlimited ( settlement permit )). These purposes of residence then have various sub-types (e.g. spouse reunification and child reunification as a case of family reunification). In addition, there are other residence documents that do not constitute a residence title in the narrower sense - such as permission to remain, toleration, fictitious certificate or special ID cards.

In addition to the aforementioned residence permits, there are special residence rights that arise exclusively from international law (e.g., Section 29, Paragraph 5 of the Residence Act) or directly from European law (e.g., Article 20 of the TFEU). This system is supplemented by forms of residence derived solely from case law (e.g., the Vander Elst visa ) or judicially recognized cases under Section 7, Paragraph 1, Sentence 3 of the Residence Act (e.g., the medical visa ).

This dense regulatory framework and the multitude of legal sources make residence law a highly dynamic and difficult to navigate area. Even experienced lawyers often only know the residence laws in their respective areas of expertise. For example, specialists in labor migration law are generally familiar with the regulations governing skilled immigration, while asylum law experts are primarily familiar with humanitarian residence law.

A complete list of all existing residence purposes and documents can be found in the appendix to the Central Register of Foreigners Act (AZRG).

3. History of the right of residence

The complexity of residence law also arises from the fact that the legal area is frequently changed due to political circumstances. Residence law and the purposes of residence have undergone numerous changes over time. Historically, the legal provisions applicable to foreigners were primarily intended to limit the influx of foreigners (migration control and immigration law as "danger prevention law"). This approach has changed over time, as migration is now socially necessary to increase skilled immigration.

Before the current Residence Act was enacted, the following legal provisions existed for foreigners:

  • 1932 Prussian Police Ordinance

  • 1938 Aliens Police Ordinance

  • 1965 first foreigners law of the Federal Republic of Germany

  • 1990 fundamentally reformed all-German Aliens Act

  • 2005 Immigration Act (Article Act with new Residence Act)

  • 2019 Migration Package / Skilled Worker Immigration

  • 2023/2024 Further development of skilled worker immigration

4. History of the amending laws (migration law)

Even within the individual legislative amendments, minor adjustments to migration law were repeatedly made through amending laws. These amendments (excluding citizenship law) concern the following amendments in the area of skilled worker immigration and labor migration:

A complete list of all amending laws, including the date of entry into force, can be found at Migrationsrecht.net (see here ).

5. Hierarchy of norms in residence law

On this page you will find a list of all the laws applicable to immigration law. The hierarchy of norms must always be observed. The hierarchy of norms in residence law determines which legal sources have priority in legal conflicts. International law (e.g. the Geneva Convention on Refugees ) takes precedence over other sources. This is followed by European law , which is divided into primary law (e.g. the TFEU Treaty ) and secondary law (EU regulations and directives). This law has a direct or indirect impact on German residence law and, in certain cases, takes precedence over national law. EU law is followed by German constitutional law , in particular the Basic Law .

Below constitutional law ranks formal German statutory law , primarily the Residence Act (AufenthG) as the central body of law. It is enacted by parliament and forms the concrete legal basis for residence permits, toleration of deportation, and deportations. Substantive laws , i.e., legal regulations (e.g., the Employment Regulations (BeschV) ) and statutes, occupy the last place in the hierarchy of norms. These are enacted by administrative authorities or subordinate institutions on the basis of formal laws and specify their requirements.

6. Overview/Collection of Laws on Residence Rights

Immigration law is based on a variety of German and international laws. The following migration and residence laws apply in Germany:

6.3 Courts and authorities

The following judgments and administrative instructions apply to immigration law:

  • Jurisprudence of the VG Berlin (Central Visa Court)

  • Jurisprudence of the administrative and higher courts

  • Case law of the ECJ and the ECtHR

  • State administrative regulations (in particular VAB (Berlin) and Directive 1/2024 (Hamburg))

  • Federal administrative regulations ( VwV-AufenthG , VwV-FreizügG/EU , VAH-StAG, Visa Handbook )

6.4. International treaties (more details on Migrationsrecht.net )

The following international treaties apply to immigration law, among others:

A complete list of all international treaties in migration law can be found on Migrationsrecht.net (see here ).

6.5 European directives

The following European directives apply to immigration law:

6.7 Literatur

In addition to the legal sources mentioned above, the commentary literature also represents a certain degree of legal creation. The numerous legal debates in the specialist literature therefore regularly influence case law and politics, at least indirectly.

Contact us

Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!

FAQ – Frequently asked questions about skilled immigration laws

What are the most important laws regarding skilled immigration?
The central laws include the Residence Act (AufenthG), the Employment Ordinance (BeschV), the Freedom of Movement Act/EU (FreizügG/EU) and relevant EU directives and regulations.


Where can I find the current legal texts?
Official and current versions of German laws can be found at www.gesetze-im-internet.de . Amendments and historical versions can be found, for example, at buzer.de . For further information, consult specialist portals such as Beck-Online, juris, or dejure.org.


What role does European law play in German residence law?
EU regulations and directives strongly influence national law. Many standards originate from European law (e.g., the EU Blue Card and the EU Permanent Residence Permit) and have been transposed into national law from the relevant directive.


How often do immigration laws change?
Very frequently. The Residence Act alone has been amended over 70 times – often as part of migration packages, digitalization projects, or adjustments to EU regulations.


Are there also international agreements that influence the right of residence?
Yes, for example, the EU-UK Trade Agreement, the Geneva Refugee Convention, or bilateral agreements such as the Association Agreement with Turkey (ARB 1/80). These agreements influence the design of national residence law either directly or indirectly.

Conclusion on migration law

Skilled worker immigration law is a highly complex and dynamic area of law, drawing on a multitude of national, European, and international legal sources. In addition to well-known laws such as the Residence Act and the Employment Regulations, international treaties, European directives, and a multitude of administrative regulations and commentaries shape the applicable law.

Anyone working with migration and residence issues – whether in an advisory, administrative or legal capacity – therefore needs not only legal expertise, but also a good overview of ongoing legislative changes and overarching contexts.

Black Vector Silouhette of Berlin
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